Archive for the ‘February’ Category

  • The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)

    Date: 2014.08.01 | Category: Abu Dhabi, ADIA, April, Arbitration, Authoritarianism, Boycott Etihad Airways, Boycott Etihad Flight, Citigroup, December, Delhi High Court, Dictators, Diplomatic Protection, Etihad Airways, February, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, International Tourists, Investors duped, Investors sue UAE, January, Jet-Etihad Deal, Judgment Creditor, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Migrant Workers, Mrs Justice Rose, Other, Overseas Indians’ Legal Cell, P.K. Jabir, Protests, punishment, Reparation Mechanisms, Sarah Leah Whitson, Saudi Arabia, September, Sheikh Mohammed bin Zayed, Sheikh Saif, UAE Judgments For Sale, United Arab Emirates, US Caselaw, Vienna Conventions | Response: 0

    Photograph: The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi Emirate

    The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi

    The worst cheating scandal of Abu Dhabi, United Arab Emirates (UAE)
    August 01, 2014 Reparation Law News, New Delhi

    The Judgment Debtor, the Late Sheikh Zayed bin Sultan Al Nahyan, Former UAE President and Ruler of Abu Dhabi Emirate

    [The title, the ‘judgment debtor’ is reserved to describe the person who owes the judgment creditor the amount (damages) stated in the criminal judgments and has not paid the debt. In common law in the UAE, the debtors will be jailed until they have paid their debt.]

    The ‘Judgment Creditor’ was entitled to execution of the Judgments and levies the Police Department of Abu Dhabi, worth hundreds of million US Dollars as compensation to restore his life, his dignity and his business establishments.

    The debtor in the ‘UAE Court Judgments’, is the State of UAE whose Ruler at the time was none other than the late Sheikh Zayed himself, the Emir of Abu Dhabi and absolute Ruler of the United Arab Emirates (UAE). It may be recalled that the Emir was blamed of having been instrumental in defrauding or cheating the Judgment Creditor to avoid honoring his moral obligations and assigned responsibilities.

    The Judgment Creditor is an Indian businessman and investor, who was deprived of his valuable rights guaranteed by FOUR successive Judgments (1 Civil & 3 Criminal Court Judgments) from the Legal Courts of Abu Dhabi, United Arab Emirates (UAE); and TWO consecutive Judgments from the High Court of Delhi, after approaching the Supreme Court of India in October, 1996.

    The businessman was victimized by the officials of Abu Dhabi, UAE, and the subject matter of his grave complaints were adjudicated by the Courts in Abu Dhabi and Delhi which concurrently found the multiple forms of crime taking place under the wings of the ‘Ministry of Interior United Arab Emirates (UAE)’, such as fraud, forgery, extortion, torture and many other offences.

    Both the Courts in Abu Dhabi, the Court of First Instance and the Apex Court were fully satisfied with the highest standard of proof, beyond any doubt that the Police was guilty. The Court observed that all the pieces of evidence indicated the proper behavior of the victim and held that he is innocent; rather ‘a martyr’. The Apex Court comprised of three Judges passed a ‘Landmark Judgment’ in the history of UAE.

    The head of the State have a ‘constitutional duty’ to faithfully execute the judicial orders of the country. Any civilized Government is bound to implement the verdict of the judiciary, as that is the basic requirement of the Rule of Law. ‘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. Instead of enforcing the judgments, the Judgment Creditor was expelled from the country by an arbitrary administrative action, resulting in total destruction of his life, his businesses and his profession.

    The administrative action of the UAE was totally illegal and arbitrary, as the Executive cannot override or overrule a decision of the very Courts of the country that ruled reparation to a victim; defrauding the judgment creditor is a personal and vindictive action; it is unofficial and illegal. The UAE Government owes huge debts to the creditor, solely and exclusively responsible for the closure of “his various ‘business establishments’ in Abu Dhabi, United Arab Emirates”.

    The ‘legal fight for justice’ took in very many proceedings before the Supreme Court of India and the High Court of Delhi. Despite the directive of the Delhi High Court, the Government of India has not discharged its duties as indicated in the judicial order.

    The enforcement of UAE judgment that was delayed and denied for a long period of nearly two decades has to be satisfied without any further delay so that the ‘Judgment Debtor(s)’ could avoid unpleasant consequences that will follow. The creditor holds full power of the Foreign Courts as well as the Domestic Courts to support his claim and to take debtor’s property (lien) in the UAE, where the judgment is recorded, if the obligation is not discharged.

    The recent decision of the London High Court on ‘Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz, Saudi Arabia has marked a turning point in the doctrine of ‘State Immunity’ of Foreign States. The landmark decision of Royal Courts of Justice, reaffirm the Rights of Judgment Creditor to pursue his enforcement efforts against the UAE debtors!

    The lawyers for Prince Abdul Aziz, the king’s son, argued he had “state immunity” and the court had no jurisdiction to try the claim of Mrs Harb, who was the “secret” Christian wife of the late King of Saudi Arabia. But the learned Judge of the London High Court, Mrs Justice Rose threw out the prince’s argument, opening the way for a full hearing of the case which risks embarrassing the House of Saud.

    Some important points of the judicial decision includes (a) the ‘personal immunity ceases when a head of state is no longer, for whatever reason, in office’ ; (b) the ‘head of a state enjoy immunity only in respect of their official acts whilst in office’ ; (c) a ‘successor regime is obliged to compensate the victim of state wrongs’. The Court also relied on Article 39 of the Vienna Convention on Diplomatic Relations 1961. Under this provision, immunity ratione personae, personal immunity, for an ambassador lasts only while he or she is in office. [‘London High Court on ‘Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz, Rose J, [2014] EWHC 1807 (Ch),09/06/2014′].

    The Government of India is duty bound to safeguard the interests of its citizen who was victimized by Abu Dhabi, UAE, the receiving state. But even after the lapse of nearly two decades, the Government of India has totally failed to help, implement judicial orders of the UAE and of Delhi High Court. These actions and omissions on the part of the Government is contrary to the ‘Vienna Convention on Consular Relations (VCCR) 1963’ particularly Article 5, enforced from 19-3-1967. A recent judgment of the Supreme Court which casts liability on a Government for the delay in the disposal of the complaints of a citizen, even when the delay is at the instance of a Legal authority or Tribunal.

    Endnotes:

    We intend to give wide coverage to the issue in public interest; to protect innocent people, of being exposed to the kinds of brutal, inhuman tortures (mental, physical and economic) and to safeguard the interests of UAE Judgment Creditors in future.

    The campaign includes ‘Selling the UAE Judgments’ and ‘Selling the Film Rights’, the rights to produce both a book and a movie based on the facts of ‘Unexecuted UAE Judgments’.

    Reference Links:

    Reminder Notice to the Government of India
    It is fervently hoped that the new Government will duly consider taking the necessary steps to execute the judgments through all means, including the International Court of Justice (ICJ), the principal judicial body of the United Nations (UN), on behalf of the judgment creditor. …

    Reminder Notice: The Ministry of External Affairs, New Delhi – July 16, 2014
    India’s ‘National Shame’: ‘The MEA & MOIA’
    Documents Archive: Jabir Case

    Features on ‘Human Rights in the UAE’

    Resource Links:

    UAE Judgments For Sale! – What does it mean?

    ’Judgment for sale’ is a campaign, primarily organized by voluntary member contributions. It’s a value added, investment campaign, aimed to expose the debtors who hide Judicial decisions, commit fraud or other heinous acts to avoid honoring their obligations. As a lawful owner of a legal Judgment, the winner has every right to offer his un-executed Judgments for sale or to make efforts to legally enforce and recover his assets and the inherent rights of individuals to dignity. (‘Read more at FAQ’)

    Court Judgments are not worthless piece of papers!

    When an issue arises, the aggrieved party files a suit, conduct the same through able counsel, present relevant documents and witnesses before the court and the case is heard at length. It is after a lengthy legal procedures that the Hon’ble Judges pronounce the judgment, giving due weight to every aspect of the case. The aggrieved party is greatly relieved on getting judgment in his favour. He is full of hope, relief and happy on winning the case. From the day next, he wait for the execution of the judgment and receiving benefits thereof.

    Together, let’s end Judgment Fraud in the UAE! (Read more at ‘How do I become a voluntary contributor?’)

    Photograph: Sheikh Zayed bin Sultan Al Nahyan, founder of UAE, the first President, also the Emir of Abu Dhabi’
    First Published: ‘CNN iREPORT’

    “Be you never so high, the law is above you,” as Dr. Thomas Fuller wrote in 1733

    It’s widely accepted principles of law, that an act or omission contrary to international law is “breach of an engagement” that triggers “an obligation to make reparation in an adequate form”. … JFS

     

  • Post-Mubarak era dawns on Egypt

    Date: 2011.02.12 | Category: Democracy, Dictators, February, Human Rights, Video From Cairo | Response: 0

    Post-Mubarak era dawns on Egypt

    ‘Dream come true’

    The crowd in Tahrir responded to Suleiman’s statement by chanting “we have brought down the regime”.

    Mohamed ElBaradei, a prominent opposition leader, hailed the moment as being “a dream come true”.

    “I can’t tell you how every Egyptian feels today,” he said. “We have been able to restore our humanity … to be free and independent”.

    ElBaradei reiterated that Egypt now needs to return to stability and proposed that a transition government be put in place for the next year.

    The government, he said, would include figures from the army, from the opposition and from other circles.

    “We need to go on … our priority is to make sure the country is restored as a socially cohesive, economically vibrant and … democratic country,” he said.

    Ayman Nour, another opposition figure and a former presidential candidate, told Al Jazeera that he would consider running for the presidency again if there was consensus on his candidacy.

    He said Februray 11, 2011 is “the greatest day in Egyptian history”.

    “This nation has been born again. These people have been born again, and this is a new Egypt.”

    Amr Moussa, the secretary-general of the Arab League, said that he would resign from his post, one that he has headed for about 10 years, “within weeks”. Some analysts say he may well run for the Egyptian presidency when elections are held.

    Following Mubarak’s announcement, our correspondent in Tahrir Square, said: “Tonight, after all of these weeks of frustration, of violence, of intimidation … today the people of Egypt undoubtedly [feel they] have been heard, not only by the president, but by people all around the world.”

    Source: Al Jazeera: Triumph as Mubarak quits

  • Cop cars run down innocent civilians – A horrible video from Cairo

    Date: 2011.02.05 | Category: Dictators, February, Freedom of Expression, Human Rights, Video From Cairo | Response: 0

     

    Below link take you to another disturbing video showing drivers seemingly purposefully ramming their vehicle into demonstrators in streets that appear to be around Cairo’s Tahrir Square.
    The diplomatic car that ran over 20 people in cairo on January 28

  • Toothache Day

    Date: 2010.06.30 | Category: February | Response: 0


    When : Always February 9th

    Toothache Day, one can only ask…. Why!?

    There’s a lot of bizarre days. Many celebrate funny or silly or strange events. But, we wonder why someone would want to celebrate a toothache!? Unfortunately, we have yet to uncover a website or any written documentation about this day.

    We suggest you participate in this day by learning or reviewing the cause of toothache and tooth decay. Pass this education along to your kids. If you have a toothache today, by all means call your dentist.

  • World Cancer Day

    Date: 2010.05.04 | Category: February | Response: 0

    Cancer is a leading cause of death around the world. WHO estimates that 84 million people will die of cancer between 2005 and 2015 without intervention. Each year on 4 February, WHO joins with the sponsoring International Union Against Cancer to promote ways to ease the global burden of cancer. Preventing cancer and raising quality of life for cancer patients are recurring themes.

    UN Sponsor: World Health Organization (WHO)
    Event URL:http://www.who.int/mediacentre/events/annual/world_cancer_day/en/index.html

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