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“Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates”

admin — Fri, 14 Aug 2015 21:46:13 +0000

[Cartoon: Ahmed Abdulla Abdul Khadir, a policeman from Abu Dhabi Police in plain clothes, is seen here, amidst the shameful looting operation”]

“Marking the 20th Anniversary of the ‘Abu Dhabi Police-Looting’ in Abu Dhabi, United Arab Emirates”
Abu Dhabi: Shop burgled by a policeman in plain clothes, US$ .4m worth money and valuables looted!

Statement on the occasion of the 20th Anniversary of Abu Dhabi Police-Looting in Abu Dhabi, UAE 1995 – 2015
New Delhi 15 August, 2015: ‘Reparation Law’
‘Download the true story of ‘Abu Dhabi Police-Looting in Abu Dhabi’ in PDF (Size: 415 kb)’ [Cartoon: Ahmed Abdulla Abdul Khadir, a policeman from Abu Dhabi Police in plain clothes, is seen here, amidst the shameful looting operation”. – The Apex Court of Abu Dhabi Case N0.188/1996. Also view his ‘companion Emirati landlord’, published in another Journal.]

Ever heard of a victim marking and celebrating the 20th anniversary of the gravest disaster in his life? It’s the tragic drama of the ‘Judgment Creditor’, in real life. He is not celebrating it with cheers, but with agonizing memories of the nightmare of the disaster which shattered all his fortunes and pushed him to a state of complete derailment of his enviable physical, mental, financial and social well-being; and made him to live a lost life for all the years that followed.

Regrettably, the credit goes to ‘the Executive Branch of Abu Dhabi’, who set ablaze the destruction, by issuing an extremely “Fraudulent Misrepresentation” to deport the ‘Judgment Creditor’ from that country. Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false; allows for a remedy of damages and rescission. Had the judicious judgment of the Apex Court of Abu Dhabi in absolute terms in favour of the Judgment Creditor been executed in time, his agonies could have been abated two decades back!.

The apparent inaction by ‘the Government of India’, despite the specific directives and orders of the Delhi High Court, and the serious failures and inadequacies to comply with statutory obligations on the part of ‘the Ministry of External Affairs (MEA)’ has also to be blamed in this regard.

The victim, the ‘Judgment Creditor’ was an investor in Abu Dhabi, his ‘Business Assets’, contracting and trading firms, stood valued at a minimum of One Hundred Million U.S. Dollars when the dreadful tragedy took place at the prime of his life. The ‘Judgment Creditor’ is forced to mark this twentieth anniversary of ‘Looting and Extortion’ by the Abu Dhabi police, in Abu Dhabi, United Arab Emirates (UAE), due to the Non-execution of the country’s ‘Landmark Judgments’.

Read the shocking story of police looting, the bizarre twist in the case of police extortion in Abu Dhabi, United Arab Emirates (U.A.E)

“Shop burgled by Abu Dhabi police in plain clothes, US$ .4m worth money and valuables looted” – a real-life story:
Abu Dhabi, UAE; Thursday 26th October, 1995

The expatriates being robbed of their wealth and valuables and exploited by local people pretending to be cops is not at all sensational news in the UAE. But in this true incident under report which took place on Thursday, 26th October, 1995 the policeman who played the lead role in looting was ‘a real police officer who was working in Abu Dhabi police department’.

The victim, in the incident was a high earning engineering expert and investor, deeply committed to his profession with his three major business establishments including ‘Engineering, Contracting and Trading’ in Abu Dhabi, UAE.

A brief background of the story
On behalf of his principal company, the ‘Premier General Contracting Establishment’, the contractor had signed a business contract with an Emirati, ‘Mr Hassan Saeed Hassan’, covering a Nine Storied Building proposed to be leased out for a sum of 10,80,000.00 UAE Dirhams (AED 1.08million) Per Annum.

When a dispute arose with Mr Hassan Saeed, the contractor, on the basis of legal advice, instituted a Civil Suit in Abu Dhabi Court for settling the issue. The ill-intention of the local was that, he wanted to cancel the lease deed when the restoration of entire building was over. The conspiracy on the part of Hassan Saeed, to avoid paying debts was one of the important and thrusting points in the civil suit.

The Honourable Judge of the Civil Court took a decision in favour of the contractor. Consequently, Hassan Saeed got annoyed and insisted the contractor to withdraw the lawsuit unilaterally.

Scene 1.
Ahmed Abdulla Abdul Khadir, a policeman in plain clothes from Abu Dhabi police (who haven’t been disclosed his identity), along with Hassan Saeed Hassan (the Emirati, accused in the civil case, who has already been warned by the Civil Court against his wrongful motives) came to the contractor’s office.

The policeman in plain clothes, who had come prepared and was shouting and rotating an iron rod of one meter length in one hand; and on the other, a chained handcuff. Hassan Saeed was walking close to him. They have entered the first floor of the office where the contractor was alone at the time.

The policeman enquired about the original documents of the building contract and job orders between Hassan Saeed and the contractor which the contractor refused to disclose.

Scene 2.
The contractor was threatened with dire consequences unless he withdrew the lawsuit. The contractor was not willing to yield to such illegal and unjust demand, which amounted to extortion.

There upon, the contractor was subjected to the most inhuman treatment with painful physical injuries and otherwise.

They wanted to grab and destroy the related documents of the contract from him by force because an ‘Interim Order’ of the Court was against Hassan Saeed. In this attempt, the entire office was ransacked, drawers opened, files thrown.

The telephone connection in the office was snapped. The policeman in civil dress beat the contractor harshly with a chained handcuff; the chain was rounded on victim’s neck and pulled around. He paid no heed to the humble requests of the victim.

The policeman forcefully broke open the office locker with the heavy iron rod in his hand. At this juncture, some of the cash, worth above AED 3,50,000 which was kept for the distribution of wages for employees was found by them.

Scene 3.
So much of money! The policeman’s eyes bulged out in wonder. He looked at his Emirati friend as if he never expected there’s such a large amount of money. The currency blurred their eyes. All in a hurry, both of them grabbed the bunches of currency, and hurriedly stuffed into their pockets. In their hurry and perplexity, part of the currencies spilled over the floor of the cabin.

In the meantime, the contractor’s younger brother arrived at the office with lunch. As he arrived the contractor asked him “to close the door and call the police”. The policeman in plain clothes managed to get out of the office with the stolen money and bundled documents.

The Emirati too tried to escape from the office of the contractor, with his hands and pockets full, protruding with the stolen money and valuables; however, he was unable to leave.

Scene 4.
The Policeman in civil dress was standing outside the office which remained closed. A crowd had gathered around the office. He was holding an iron rod of one meter length in his hand with which he was hitting the door of the office and warning any one from coming near the office and was shouting Indian, Pakistani, Bangali all are thieves and procurers.

At this point of time police patrol team arrived at the spot. They were, in fact, allies of the intruders. This batch of policemen who came responding to the alert of the contractor, immediately hit the contractor and his brother. Their faces had reflections of triumph and cruelty. They were like ferocious animals, beaten both the victims brutally, almost near to death. Then they handcuffed them behind their backs and dragged them out of the office, on through the street, and kicked them into the police car. All these brutal torture and humiliations were happening in front of a large crowd.

The frightening deadly torture continued with shocking brutality throughout the journey as well as in a detention centre and subsequently getting admitted as an unconscious victim to the hospital emergency, Abu Dhabi.

Scene 5. (UAE Torture)
Here is a narration of the haunting memories and the cruel and inhuman torture suffered by the victim, in his own painful words:

“There were four persons present (in plain clothes) when they tortured me in an underground detention centre. I was forced to lay down on the floor by them. My face was close to the floor and my hands still cuffed behind my back. They took out their Arabic turban and rolled it on my entire head and left me to suffocate; then started hitting and kicking on my head with their legs. And then they tried to pull-out my injured finger nails with a plier type nail clipper. Due to this cruel and painful torture, my finger nail were entirely torn apart”. (Full Text: UAE Police Torture’)

[The above narration is not exhaustive but only a pointer to untold miseries, losses, sufferings; the haunting memories of the ‘cruel and inhuman torture’ and social humiliation suffered by the victim; the ‘Judgment Creditor’. He had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was spared from death. For more details and updates, please visit the website URL: www.JudgmentCreditor.com/]

Judgments & Orders:

The Legal Court of First Instance of Abu Dhabi :-
It took six months thereafter, for the contractor to have his first appearance in Court. The ‘Duty and Responsibility’ of the authority to protect a Judgment Creditor against the threats of violence was left unattended. The victim was framed a false case, alleging “Using force against Government employee and assault”.

The Legal Court of First Instance of Abu Dhabi found that the victim was innocent, the case (NO. 152/1996) was wholly false, baseless and that it was fabricated by both the plaintiffs, Hassan Saeed Hassan and Ahmed Abdulla Abdul Khadir, the policeman. The Court found that, the Prosecutor was guilty of proceeding against the contractor, who in fact, was a victim of police brutality. The Court acquitted the contractor [and his brother as well] of all the charges levelled against them and directed the authorities to investigate the violent crimes committed by the Policemen and the Landlord such as trespassing, physical aggression, looting etc. (Judgment First Instance 152/1996 dated 10/4/1996)

[The 'Judgment of the Legal Court of First Instance' has never been executed or investigated; instead the authorities were trying their best to hide the shameful act of the police. The prosecution taken-up the case to the Apex Court, the Supreme Court of Abu Dhabi, UAE].

The Apex Court of Abu Dhabi:-
The case came up before the Apex Court, comprising the three-judge panel. The prosecution found to be grossly negligent and blamed for its criminal involvement in the case. The contractor was granted bail on the filing of the appeal. However, despite the bail and sureties he was not released from the prison.

During the next hearing, the Policeman dropped his claim from his complaint with a declaration attested by the Notary Public. The landlord, Hassan Saeed followed the suit and admitted his guiltiness. The judges threw out all those papers and had cautioned them of the serious nature of their crime which calls for long term of imprisonment apart from financial penalties and confiscations.

“The Court praised the properness of the behaviour and courage of the victim and concluded that the victim is innocent; rather ‘a martyr. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions and violations of person’s rights. “It further reiterated the condemnation of prosecutor”. The Court ordered immediate release of the victim, ‘restoration’ of victim’s dignity, respect and reminded about the roles and responsibilities of authority towards the victim for reparation for the losses he suffered while pronouncing a ‘Landmark Judgment’.

An excerpt from the Judgment reads as follows:-
“Verily the Islamic Law and the entire Positive Laws have honoured Man and protected his freedom, his honour, his property and his soul. Hence, if a man was killed, while protecting these, he is considered to be a martyr. And limitation of his freedom without any rights is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the Penal Procedures Code. And it is proved in this case that the policeman along with the plaintiff went to arrest the accused and to limitate his freedom….” (Apex Court Judgment 188/1996 dated 19/5/1996).

“THE ‘LANDMARK JUDGMENTS’ IN THE HISTORY OF UAE”
Having due respect, inspiring loyalty and commitment to Law, the Judiciary of Abu Dhabi, listened to, conducted and decided upon the case precisely in tune with the various provisions prevailing in that country. Download the Judgment:- (PDF Format)

VISIT ARCHIVES:-
Archive – Judgments and documents relating to ‘Jabir Case’

“FRAUDULENT MISREPRESENTATION” - A DIRTY GAME OF THE ‘WILFUL DEFAULTERS’, THE EXECUTIVE BRANCH OF ABU DHABI, UAE!
Instead of honouring the Judgments of the Legal Court of First Instance and the Apex Court, the Supreme Court of Abu Dhabi, and restoring the dignity and respect of the victim as directed therein, ‘the UAE Administration’ chose to deport the victim with “Fraudulent Misrepresentation” of truthful facts, by repeating the same false charge, that a tricky policeman had framed against the Judgment Creditor to blackmail him, (which had been dismissed later on finding it to be false by both the Courts of that country). By quoting the very same false charge to deport the Judgment Creditor (who was also a victim of police brutality), the Executive Branch of Abu Dhabi has not only tarnished the image of UAE in indelible ink; but also made a mockery of the entire Judiciary of that country.

THE SCENARIO BACK HOME, IN INDIA
And back in India, what action was taken by the Government of India?
“Nothing, except a cruel and deliberate betrayal over the past two decades”.

In India, the ‘Legal fight for Justice’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. Unfortunately, India has not made any diplomatic efforts or given any respect to the orders of Delhi High Court in 1997 and 2007.

The concurring Judgments against Abu Dhabi police from the Highest Court of Abu Dhabi, United Arab Emirates and the ‘Concealment of the Judicial Decisions’ by the administration of that country, and to deport the ‘Judgment Creditor’, were un-challengeable F.I.R. against the Executive Branch of Abu Dhabi, who was duty-bound to compensate the victim in every respect for his physical and mental injury, illegal imprisonment and ill-health due to the near-to-death torture by policemen. In contrast there to, the illegal deportation resulted in the absolute loss of his various ‘Business Establishments’, and he was forced to live a lost life for all the years that followed.

AWAIT RELEASE!
“25 Smart Reasons to take the ‘UAE Judgment Execution Case’ to the International Court of Justice (ICJ)
The Government of India is duty bound to take all necessary measures to enforce the Judgments passed by the Supreme Court of Abu Dhabi, including approaching the International Court of Justice (ICJ) for the settlement of this unique and the most barbaric action perpetrated by the head of a civilized nation, Abu Dhabi, United Arab Emirates, that caused ‘Multi-billion Dollars’ worth of damages to the Judgment Creditor’s business establishments. The ‘Laws Governing the International Community’ do require compliance by the Executive Government, in full measure, with the verdict of the Judiciary; this requirement of law was breached by the UAE Government. (‘Publications’)

Last updated 15th August, 2015.

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Real-life ‘Judgment Fraud’ by the UAE Administration Uncovered!

admin — Fri, 04 Apr 2014 14:17:56 +0000

Real-life ‘Judgment Fraud’ by the UAE Administration Uncovered! Friday, April 04, 2014 New Delhi

The case of the victim emerged from manipulation of power by the UAE Administration. The subsequent fact that the judgment(s) had been pronounced long past and that its implementation was twisted by the culprits who have access to those in power. [Photograph: Lieutenant General Sheikh Saif Bin Zayed AlNahyan, the Minister of Interior, United Arab Emirates]

There may be countries in the world which delays justice on the basis of enforcing judgments. But the Abu Dhabi, United Arab Emirates (UAE), is the only place in the world as a ‘real-life examples of ‘Judgment Fraud’, to avoid honoring obligations!

“A story of frightening, inhuman and deadly tortures; the blatant violation of the law and the most shocking travesty of Constitution of the United Arab Emirates to which the victim was exposed to”.

A brief background of the case

The victim (hereinafter called “Petitioner”), in the case was a high earning engineering expert and investor from India with established contracting and trading businesses. He had a unique opportunity of observing the country for over 18 years. He had been an active participant in the developmental activities of that country. On 26th October 1995 the petitioner signed a lease agreement on behalf of his principal company, the ‘Premier General Contracting Est’., with a landlord, Mr. Hassan Saeed, a native of Abu Dhabi, covering a Nine Storied Building proposed to be leased out for a sum of UAE Dirhams 1.08 million (USD 2,94,000.00) Per Annum, with condition to renew semi-annually.

Civil Suit against a local

The trouble started when the landlord wanted to wriggle out of the contract and was not willing to perform his obligations under the terms and conditions of the contract. The petitioner had already taken up essential renovations including painting, replacement of civil and electro-mechanical fittings that worth UAE Dirham 3 Lakhs. Meanwhile, the landlord had sold some of these flats to others against the terms and conditions of the contract and contrary to law. As such, a dispute arose with the landlord and the petitioner.

On the basis of legal advice, the petitioner instituted a Civil Suit in Abu Dhabi Court for settling the issue. The conspiracy on the part of the landlord to avoid paying debts was one of the important and thrusting points in the civil suit. An interim order was granted by Abu Dhabi Court of Justice in favour of the petitioner.

Though the petitioner had acted only as a law abiding citizen, and in accordance with legal advice secured in that behalf, and had only sought relief from a court of justice, the landlord took it as a personal affront and planned and executed violent and reckless revenge against the petitioner defying all legal provisions and principles of fair-play. He was claiming to be a close associate of the office of the ‘Crown Prince’ of Abu Dhabi. He abused the acquaintance and intimacy with the office of ‘Crown Prince’ for making wrongful gain at the expense of the petitioner. Certain corrupt police officials colluded with him.

The frightening, inhuman and deadly tortures to which the victim was exposed to: The petitioner had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was spared from death.

The critical incident took place on Thursday, 26th October 1995, around noon when the landlord along with one of his accomplices made a forcible entry into the petitioner’s place, the petitioner was threatened to withdraw the Civil Suit. The petitioner could not yield to such illegal and unjust demands and therefore refused to accede. Reacting terribly to the situation by securing the help of ‘the extortion mafia working under Abu Dhabi Police’, they ransacked the entire office of the petitioner and robbed him of all cash and valuables. [A large quantities of money, worth UAE Dirham 3.5 Lakhs, was looted from the vault which was kept for the distribution of wages for employees]. The petitioner sought intervention from the police. The police did come, but instead of helping the petitioner, they started abusing him, beating and kicking, in a horrifyingly violent manner, using with hands, fists, legs and even (hands) with metal shackles.

The petitioner was shackled and literally dragged out of his office along the street to the Police vehicle, in the presence of known friends and bystanders.

He was then confined to a detention center where he was again brutally tortured. There was a policeman who shouted “We know how to teach Indians” and asked the petitioner to sign some documents. When the petitioner refused, they forced him to lay down on the floor, took out their Arabic turban and rolled it on petitioner’s entire head and started hitting and kicking on the head with their legs. Another in uniform pulled out his fingernail with a cutter.

Due to the heinous forms of torture, the petitioner’s finger nail was entirely torn apart. As a result, the petitioner became unconscious and soon thereafter he was taken to hospital-emergency, Abu Dhabi. Treatment was made without removing the shackles, hands cuffed behind the back. Over a dozen of X-rays were taken at the hospital of the different parts of his body.

Bizarre twist in the case of police extortion by duty officer of the rank of Captain, Abu Dhabi Police The duty and responsibility of the authority to protect the judgment creditor against the threats of violence was left unattended.

When those atrocities were being committed in the police station, the petitioner’s sponsor, Mr. Easa Ahmed met the duty officer of ‘Asma Police Station’, who is of Captain’s rank to enquire about the arrest of the petitioner. He was then told a concocted story that accused (the petitioner) had hit three of his police staff and an Emirati, and that one police official and the Emirati, the local man, was in a serious condition and admitted in the hospital and that, they were not permitted to allow him to see the accused (the petitioner).

After hearing such a story from a high ranking official, the sponsor did not pursue the matter, in view of the authoritarian methods prevalent in that country. Such (fake) stories have been repeated many times to others who approached to help petitioner. (A similar medical report submitted by them before the Criminal Court was proved false and subsequently rejected by the Abu Dhabi Court of Justice).

The petitioner was subjected to the greatest ordeals by being taken from hospital to the underground lock-up and illegally kept incommunicado in solitary confinement. He was confined to secret detention centers in different days with all sorts of malpractices resulting in injury, bodily damage and injury to his reputation. The petitioner was warned about the consequences if he will not withdraw the civil suit which was filed against the landlord. The dreadful agony and blackmailing was continued therein for 21 days and later the victim was taken to central prison at Al Wathba, Abu Dhabi.

Al Wathba Central Prison, Abu Dhabi

The Al Wathba Central Prison in Abu Dhabi was overcrowded with more than three thousand prisoners – three or four times larger than its actual holding capacity. In scorching heat of the desert, within concrete cages, prisoners were made to live in inhuman conditions without the basic amenities of life. Not even a fan had been provided in those concrete cages. Many prisoners were dumped in the corridors and pinning for a little cool breeze. Even a breath of fresh air was a precious boon!

The food was most unpalatable and unhygienic. Prisoners sustained their life with fermented camel meat and wormy food-grains and clamoured there for a glass of cold water in the hot summer days. The heartening fact is that many innocents are made to languish here under the banner of criminals which cast a stigma on them for life.

The Agony and Pain

Throughout the entire period of detention, the petitioner was subjected to all forms of humiliation, mental agony and unimaginable pain. Though the prison

with appealing exterior has been constructed, that remained only a show-piece for the police administration to parade before visiting personalities from the outside world. The petitioner, along with three thousand other prisoners in the central prison had been subjected to the most cruel torture and deprivation of basic amenities. [Link: The Prison-life of the Petitioner – ‘My Prison-life in Abu Dhaib']

Financial Losses

Torture and other cruel, inhuman treatment continued unabated at Al Wathba prison, Abu Dhabi. The petitioner was not allowed to communicate with anyone. The petitioner’s contracting and trading activities got stammered, causing heavy loss.

The petitioner suffered huge losses for non-communication and by not allowing him to have meeting with any person or to sign any paper with the outside world. This resulted in the cancellation of contracts and liability to pay damages to various departments, contractors, dealers and many and varied financial obligations. Since the petitioner was the prime operator of his Trading and Contracting establishments, his absence had its natural consequence of throwing the different works of the establishment out of gear.

Business Loss

All these resulted in the loss of physical assets, material damages, strategic resources, trust, reputation, loss of corporate identity; the goodwill, prestige, image, opportunities and social status, all painstakingly built by the petitioner over two decades of prime of his life were lost. A corporate identity established with due professional care and attention had been tarnished. The anguish resultant from the deprivation of his establishments, assets and reputation earned exclusively through the untiring personal efforts of the petitioner causes extreme mental depression which will virtually make his life only a vegetable existence. [Link: The details of Business Establishments in Abu Dhabi, owned by the petitioner]

A Long Journey To Court

The victim was brought to the court on 27 (Twenty Seven) occasions, dragged with shackles, manacled and cuffed on both hands and legs as if the victim is a dangerous criminal. Such inhuman treatment was inflicted even on women contrary to all injunctions of Islamic faith.

The prisoners look for the day when they are presented in Court as that is the only occasion when they could breathe fresh air and see the outside world and fellow human beings. The very process of journey to Court is an ordeal. The prisoners are informed about their production in Court only the previous day. Such prisoners who are to be produced before the Court are picked up from different prison cells. The process starts soon after midnight.

The 120 km. trip to the Court in an armoured truck and the return there from through desert in harsh hot weather, thus often become ordeals and created agonizing situations. Most of the prisoners fall sick for a long duration of about two weeks after every such Court trip.

Whenever a prisoner is taken out of the jail, they will be dragged with shackles, manacled and cuffed on both hands and legs. Such inhuman treatment is inflicted even on women contrary to all injunctions of Islamic faith. We had been handcuffed and legs placed in the painful grip of fetters on all twenty seven occasions when we were taken from prison to Court to face the trial, in an armoured covered truck. Although its capacity was 15 persons, about 50 persons were packed like salted fish making each one gasp for breath during the journey.

False Allegations against Petitioner The blatant violation of the law and the most shocking travesty of Constitution of the United Arab Emirates to which the victim was exposed to:

On 11/02/1996, after four months of arrest, a false case was registered against the petitioner under the case No. 152/1996 offenses, alleging “Using force against Government employee and assault”. Untold sufferings were also inflicted on the petitioner as an under-trial prisoner. The public prosecution demonstrated extraordinary misconduct in its investigation.

The petitioner was kept waiting all these days in a small and narrow room in the Court premises, along with other prisoners without any ventilation or so, but not called up for hearing. The witnesses of the petitioner and his counsels were present, but their depositions were also not recorded. This blocking of access to a Court of Justice also constitutes violation of Human Rights by the State itself. All these constitute the grossest and wanton violation of Human Rights.

It took six months thereafter, for the petitioner to have his first appearance in Court. The witnesses did not care the threat of State police and Public prosecution, and they dared to explain the facts. The Court listened to the evidences of eye-witnesses from different nationalities. Mr. Saleem Raza, a Pakistani who said a policeman was holding an iron bar of one meter length in his hand, threatening anyone who came near the office premises of the accused and was shouting “Indian, Pakistani and Bengalis all are thieves and procurers”.

Mr. Zulfiqar Ali who gave similar statement, moreover he added-that the appellee have neither resisted the police nor they have beaten anyone from the patrolling squad and that the appellee are of good nature “I am a Pakistani and they are Indian, no relations are between us, and my testimony is based on truth only. Further the Court listened to the statement of the 3rd witness Mr. Shirban Kalobar from Iran, whose testimony came similar to the declaration of the first two witnesses.

On 10/4/1996 the innocence of the petitioner had been ultimately upheld by the Hon’ble Judge Mohammed Abdul Raheem Al Khoori, Judge of Abu Dhabi Legal Court of first instance, acquitted the petitioner of all the charges levelled against him in the presence of Mr. Mohammed Obaid Al Kabi, the Prosecuting attorney, and Mr. Abdul Fattah Sayed Ahmed, the secretary, under the case No. 152/1996, and directed the authorities to prosecute the policeman involved and also the plaintiff – for being guilty of deception.

The atrocities committed did not come to an end up there; the office of the Public Prosecutor, Abu Dhabi filed an appeal against the decree of the legal court of the first instance. On 18/04/1996 the appeal was set for hearing. The petitioner was granted bail on the filing of the appeal. However, despite the bail order and sureties, he was not released from the prison.

During the next hearing, the police officer, Mr. Ahmed Abdulla Abdul Khadir, dropped his claim from his complaint in the Apex Court, with a declaration attested by the Notary Public Abu Dhabi, under number 2314/96 dated 17/3/1996. The landlord too declared that he had no case against the victim and accepted his attempt to create false evidence against the victim. The other two policemen involved in the case, who in fact, became the instrument of horrific torture designed to extort money, declared-that they were misguided by the police officer.

On 19/5/1996 the eminent Jurists Panel of Apex Court of Abu Dhabi, under presidency of the Judge: Hon’ble Abdul Baqi Abdul Hakam, and the membership of the two other judges (1) Hon’ble Hasan Shareef Al Jafri (2) Hon’ble Mohammad AI Aboodi, upheld the finding of the Trial Court and commented adversely and strongly against the illegal and high- handed acts of the officials.

The Apex Court found that the victim is innocent; rather ‘a martyr’. The Court observed further that the case was wholly false, baseless and that it was fabricated by the police for personal gain. “The Court observed that all the pieces of evidence indicated the properness of the behavior of the victim, the accused. Some of these findings of fact are proof of violation of Human Rights and International Conventions”.

“It further reiterated the condemnation of prosecutor”. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions and violations of Human Rights.

The Court, therefore, ordered restoration of the victim’s dignity, and compensate him for all his losses while pronouncing a ‘Landmark Judgment’.

The Court having been convinced about the innocence of the petitioner quoted the Islamic Law that should be practiced by everyone following the Islam Religion. The Apex Court illustrated the petitioner as a ‘martyr’ in the Judgment and highlighted the intense miseries he went through.

An excerpt from the Appellate Judgment as follows:-

“Verily the Islamic law and the entire positive laws have honoured man and protected his freedom, his honour, his property and his soul. Hence, if man was killed while protecting these, he is considered to be a ‘martyr’. And limitation of his freedom without any right is an unforgiving crime and the same is mentioned in the provisions of articles 2 and 3 of the penal procedure code. And it is proved in this case that the policemen along-with the local went to arrest the accused, without any right and curtailed his freedom”.

A true copy of Arabic including English translation of ‘the Final Judgment’ is available here (Link: ‘Key excerpts from the summary of the judgment, Abu Dhabi Legal Courts‘)

Deportation Order of General Directorate Police, Abu Dhabi, UAE Real-life examples of judgment fraud, the way how the Ministry of Interior, United Arab Emirates (UAE), bypassing it’s Court Orders to avoid honoring obligations!

In the wake of the concurrent judicial findings of the Court, the victim should have been restored to his former status and position and adequately compensated for the mental agony and sufferings and pecuniary losses suffered by him. Unfortunately, the Abu Dhabi officials acted in total defiance of the findings and sentiments expressed by the judicial establishments of the country.

The petitioner was detained at further extent without the due respect of the law of the land. On 28-9-1996 by virtue of the administrative decision number 227/1996, the authority decided to deport the petitioner from the UAE in total disregard to the crucial legal position that the petitioner had a valid visa of a ‘sole investor’ and had his ‘own business’ establishments in the UAE. The petitioner was re-victimized in a manner that was extremely ‘libelous’ – by ‘false statement of facts as if he was punished for a crime’.

The deportation order was signed by one Captain Hamad Ahmed, then head of security affairs department, general directorate police of Abu Dhabi, UAE.

The petitioner was deported back to India in total negation of the law, virtually denying all the constitutional rights of that country. The constitution and union laws of the UAE were blatantly violated abridged as enshrined including the well-established principles of ‘International Laws and the Covenants’.

The deportation order reads: “Under the charge of applying force against a government employee ”which could instill fear and suspicion in the general public, associating or dealing with the petitioner. It caused a situation of re-victimization associated with great pain, loss of dignity, loss of the court ordered monetary compensation including his inability to recapture the past glory, which the victim could have achieved had the judgment of the Legal Courts of Abu Dhabi had been implemented in time.

The Apex Court had already found the claim against victim was fabricated. An excerpt of Judgment reads “All the evidence indicates to the appropriateness of his behavior”. “The court was ruled that, there is not a shred of evidence which can prove the accusation. On the contrary there was ample evidence that it was the policeman who assaulted the victim”.

It is respectfully submitted that flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. The very concept of having an independent judiciary to protect the citizen from Executive excesses crumbles down by such an action on the part of Government officials.

The domestic law of the country permits recovery for reputational harm and economic losses flowing from the falsity of a defamatory statement. A true copy of ‘the Deportation Order, by ‘Captain Hamad Ahmed is available here (Link: ‘Deportation Order of General Directorate Police, Abu Dhabi, UAE’ Arabi & English)

‘No Entry & Cancellation of Residence Visa’ The official in the UAE was instrumental for cheating an Indian Investor, depriving him of his rightful benefits from a Portfolio of Judgments

of that country. The Judgment of the Apex Court of Abu Dhabi was worth hundreds of millions as compensation to restore the life of petitioner, his dignity and his business establishments.

The petitioner’s visa has been cancelled and has made an endorsement of ‘No Entry’ in his passport. There was no legality to cancel a valid residence permit of a rightful investor. The petitioner was not involved in any crime or any consequences that may ultimately call for his removal him from the UAE. The victim was a ‘judgment creditor’ and he was living in the UAE over the last 18 years and was a sole investor of a group of business establishments. The Emirate, Abu Dhabi, United Arab Emirates (UAE), is answerable vicariously and otherwise for all such violations of law.

The officials in the Ministry of Interior, UAE, not only cheated a Judgment Creditor but it also cheated the entire pillars of constitutional doctrine of that country. The Ministry of Interior, Abu Dhabi, UAE, also owe huge debts to the Judgment creditor, solely and exclusively responsible for the closure of ‘his various business establishments in Abu Dhabi, United Arab Emirates’.

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Allegations of Torture in the UAE Require Action

admin — Mon, 21 Oct 2013 15:36:19 +0000

Allegations of Torture in the UAE Require Action
21/10/2013 Huffington Post UK

Over the past year there have been a number of allegations in the United Arab Emirates (UAE) that authorities are torturing prisoners. Defendants in a trial of political dissidents, three Britons held in Dubai and two Syrians have come out to say they have been tortured. Now, smuggled handwritten letters by Egyptian prisoners facing trial over alleged Muslim Brotherhood links say that they have been tortured as well.

The reaction from authorities has been to either ignore allegations or dismiss them as fantasy. This approach undermines the UAE’s commitment to the United Nations (UN) Convention Against Torture, which authorities signed up to in July 2012. In each case of alleged torture there has been an emphatic failure to conduct a thorough and impartial investigation.

It is of grave concern that authorities in the UAE are being allowed to misappropriate a crucial treaty for the purposes of furthering a broadly positive international image. Shortly after signing up to the Convention Against Torture, the UAE won a seat on the UN Human Rights Council at the same time as Human Rights Watch were reporting on enforced disappearances and torture in the country. Whilst Emirati authorities fail to meet their obligations it is difficult to conclude anything other than their very public commitment to human rights is nothing but a public relations exercise.

Handwritten letters by Egyptian prisoners include allegations consistent with those made by others, with prisoners saying they have been subjected to beatings, electric shocks and exposed to extremes of temperature in solitary confinement. Prisoners say guards have threatened them with HIV infection, sexual abuse and death while revealing that when they complain to the prosecutor, he has threatened them with further torture if they do not admit the charges against them.

The trial of these Egyptians is due to start on November 5th, when defendants will face charges of illegally establishing a branch of the Muslim Brotherhood in the UAE. It is crucial that authorities address these allegations prior to trial, otherwise the process will have little credibility. Authorities must approach this with impartiality in line with Article 12 of the Convention Against Torture, which requires an investigation wherever there is reasonable ground to believe an act of torture has been committed.

Concerns about the fairness of a trial for the Egyptians have been raised with the release of a report by the International Commission of Jurists that described a similar trial, that of the UAE 94, as ‘manifestly unfair’. It should be noted that of the 61 men currently serving prison sentences from that trial, 20 of them are on hunger strike protesting against alleged mistreatment by prison authorities.

The link between the UAE 94 and the trial of the Egyptians is clear to see. Both groups are accused of conspiratorial Muslim Brotherhood activities, which is the bogeyman of the day for Emirati authorities when dealing with political opponents. Indeed, the role of the UAE in Egypt’s military coup has been called into question following an interview with Ahmed Shafiq in which the former Egyptian Prime Minister admitted the UAE had given weapons to the Egyptian army prior to the massacres at Rabaa al-Adawiyya and Al Nahda.

There is a clear disconnect between the commitment to protect human rights made by the UAE and the reality of their actions in dealing with a political group they dislike and citizens who call for democratic reforms. Authorities have committed to preventing torture and sit on the Human Rights Council, yet fail to uphold their treaty obligations and openly support massacres by the army in Egypt.

At the heart of the issue here are human stories. The Sonbol family of Egypt is a tragic case in point. Ali Sonbol is an Egyptian who was arrested in the UAE on December 19th 2012 and is accused of illegal Muslim Brotherhood activities. He claims to have been severely beaten by prison guards, leaving him with a number of serious injuries. Tragically, Ali Sonbol’s 24-year-old son was killed in the massacre at Rabaa al-Awawiyya in August. Given that Ali Sonbol is being held at a secret prison it is unclear if he knows his son has been murdered. This family has suffered the full brunt of the UAE’s policies in aggressively attacking anyone associated with the Muslim Brotherhood.

It is a sad state of affairs when a country is allowed to, quite clearly, abuse the just cause of protecting human rights. For the Convention Against Torture and Human Rights Council to be effective it is vital that the UAE are demanded to investigate all credible allegations of torture. This includes the case of the Egyptian prisoners, the UAE 94, the three Britons and that of the two Syrians. Until that happens, the UAE are being allowed to make a mockery of the international protection of human rights with families like the Sonbols left to suffer the horrific consequences.

Photograph: Abu Dhabi Police ‘UAE ‘failing to tackle prison torture’
Country accused of ignoring allegations of political prisoners being severely abused.