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  • MULTI BILLION DOLLAR UAE JUDGMENT FOR SALE!

    Date: 2016.10.19 | Category: Abu Dhabi Police-Looting, ADIA, Al-Jazeera, Arbitration, Authoritarianism, Brilliant Lawyers Wanted, Delhi High Court, Dictators, Diplomatic Protection, Etihad Airways, Extortion Abu Dhabi, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, Investors duped, Investors sue UAE, Judgment Creditor, Judgment Creditor’s Case, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Multi-billion Dollars Case, P.K. Jabir, Reparation Mechanisms, Sarah Leah Whitson, Sheikh Mohammed bin Zayed, Sheikh Saif, Sovereign Wealth Fund, UAE Judgment Equities, UAE Judgments For Sale, UAE’s $3bn Judgment Debts, United Arab Emirates, US Caselaw, Vienna Conventions, White Paper, Willful Defaulters | Response: 0

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    1) INTRODUCTION.
    Article submitted by Panikkaveetil K. Jabir, Founder-CEO, M/s. Overseas Indians Legal Cell (hereinafter referred to as the Judgment Creditor).

    The Judgment Creditor is an Indian National. Despite the social and other difficulties, the Judgment Creditor established a career as Electro-Mechanical Engineer. He had valuable experience in the said field by working in projects of International Repute like Voltas and Lufthansa in Mumbai, India.

    In the prime of his youth, when aged 22, he reached Abu Dhabi, the capital of the UAE in 1979. UAE at that time was a fast developing country. He had been an active participant in its developmental activities. Due to tireless efforts and commitment to his profession, he could establish and develop three major business establishments in Engineering, Trading and General Contracting in Abu Dhabi that valued at about a hundred million U.S. Dollars by 1995.

    2) BEGINNING OF HUMAN RIGHTS VIOLATION.

    The Judgment Creditor, on behalf of his principal company, the ‘Premier General Contracting Establishment’, entered into a lease and build-out agreement with Hassan Saeed Hassan, a local Emirati, in September 1995, regarding a nine storied building.

    With the rapid progress of the proposed project, Hassan Saeed grew greedy, and conspired to have the lease obligation set at naught with a view to make enormous gains. the Judgment Creditor could not and did not yield to the unjustified demands of Mr. Hassan Saeed, as the Judgment Creditor had already entered into commitments with others on the basis of the planned business deal.

    3) FIRST APPROACH TO THE COURT OF LAW.

    When Hassan Saeed attempted to break the provisions in the lease agreement, and even sold some of the flats to others violating the terms and conditions of the contract, the Judgment Creditor, as a law abiding citizen, sought legal advice and instituted a civil suit in the Abu Dhabi Court.

    Hassan Saeed was, however, reacting in a most unreasonable and arbitrary manner. He threatened the Judgment Creditor with dire consequences if he failed to withdraw the Civil Suit.

    The Court was, prima facie, satisfied by the contentions of the Judgment Creditor, and passed an interim order protecting his rights. There was a direction to deposit the contracted value in the Treasury. Hassan Saeed was informed about the direction and the possible serious consequences in the event of his illegal action and violation of the Court order were indicated.

    4) THE GRUESOME ACTS OF VIOLATION OF HUMAN RIGHTS.

    The stand taken by the Judgment Creditor was lawful, reasonable, and had the support of the Court’s interim order. ‘But in total negation of the Judicial Order of Abu Dhabi Civil Court, Hassan Saeed continued threatening the Judgment Creditor and planned and executed violent and reckless revenge, defying all legal provisions and principles of fair-play. Certain corrupt police officials colluded with him. In consequence thereof, the Judgment Creditor had to undergo extremes of inhuman and deadly tortures from Abu Dhabi Police which no human being could withstand. However, he was fortunate to be spared from death.

    The crude and cruel manner of the attempts to break the contract i.e. the aggression, police-looting and the connivance of local police, illegal arrest, arbitrary detention, malicious claim, torture etc., are detailed chronologically in a representation [link] submitted to the Ministry of External Affairs, Delhi, on 28 October, 2013 in reply of its Letter [link] No.G/3139/2013/MEA (Gulf Division) dated 10th October, 2013. Some of the events [link] are also featured in the following articles. The Judgment Creditor may continue the narrative in brief herein so as to complete the story.
    ————————————————————————————————————————————
    [‘Judgment Creditor Booklet to Enforce UAE Judgments’; ‘The Uniqueness of Judgment Creditor’; ‘Abu Dhabi Police-looting’; ‘The Worst Cheating Scandal of Abu Dhabi Debtor‘; “Truth and Justice are being nakedly sacrificed for UAE’s Reputation”; Untold sufferings inflicted as an under-trial prisoner at the brutal ‘Al Wathba Central Prison, Abu Dhabi‘, detailed herein ‘The legacy of torture in the UAEand ‘The Prison-life in Abu Dhabi’; The Loss of Business Firms & Assets of the Judgment Creditor In Abu Dhabi, UAE‘; ‘ And more.’]
    ————————————————————————————————————————————
    On Thursday 26th October 1995 around Noon, Hassan Saeed trespassed into the private office of the Judgment Creditor along with his accomplice, a policeman in plain clothes, who held a heavy iron rod of one meter length in one hand and a chained handcuff on the other hand.

    The policeman enquired as to the original documents of the contract which the Judgment Creditor refused to disclose. On this, the entire office was ransacked, drawers opened by force and files thrown out. Thereupon, the policeman forcibly broke open the office locker with the iron rod in his hand and looted US$.4m worth money and valuables and the Judgment Creditor was severely beaten in cold blood and his fingers were smashed with iron rod.

    At this juncture, the younger brother of the Judgment Creditor arrived at the office with lunch. As he arrived the Judgment Creditor asked him to close the door and call the police. By then, the policeman in plain clothes managed to get out of the office with the stolen money and valuables; however, Mr.Hassan Saeed was unable to leave.

    It was noticed by the Judgment Creditor that the policeman in civil dress had returned and was shouting and striking on the door with the heavy iron rod of one meter length he held in his hand. By then an inquisitive crowd had gathered around the office of the Judgment Creditor. The policeman was shouting and warning anyone from coming near to him and was saying rather rudely “Pakistani, Bengali, Indian all are thieves and procurers”.

    After some time, the police patrol team arrived at the spot as per the request made by the Judgment Creditor. But instead of protecting him from the trespassers, they joined hands with the trespassers, acted like mere savages, and the victims (the Judgment Creditor and his brother) were shackled, brutally tortured and were literally dragged out of the office through the street to the police vehicle in the presence of known friends and bystanders and taken to an underground detention centre. They were abused and assaulted there again and the Judgment Creditor fell unconscious. Eventually they were taken to hospital emergency.

    5) ARBITRARY ARREST AND DETENTION – A VIOLATION OF HUMAN RIGHTS.

    The wanton acts of infraction of damage to the Judgment Creditor, his office and equipment were temporarily halted only when, pursuant to a telephone call of the Judgment Creditor’s brother, a police team arrived at the scene. In the mean time, a large crowd had gathered at the scene, and there were very many respectable persons from different parts of the world who could witness the incident.

    Unfortunately, the police team acted in accordance with the dictates of Hassan Saeed, due to extraneous considerations and undue influence, money and otherwise. Hassan Saeed manipulated, with the connivance of police, the arrest and detention of the Judgment Creditor.

    Thus the business deal bona fide entered into, and scrupulously adhered to by the Judgment Creditor, led to very serious deprivation of his liberty, which consisted of a series of violations of Human Rights such as a forcible destruction of his property with the connivance of corrupt police officials, illegal arrest, torture of the worst order leading to his unconscious condition, perilously near death, incarceration in prison, and other physical and mental sufferings. It took about six months for the Judgment Creditor being brought before a Court of law of Abu Dhabi, UAE.

    6) A CONTENTION ABOUT HUMAN RIGHTS VIOLATION ARISING FROM THE ARREST.

    It is respectfully submitted that this default in not producing the accused promptly before a competent judicial authority, by itself is a serious violation of the rights guaranteed to a victim under the fundamental principles of international law. The Judgment Creditor was not produced before a Court, i.e. within a day, or some of the weeks. It took a long period of six months thereafter, for the Judgment Creditor to have his first appearance in the Court.

    He was held incommunicado for about a month in different detention centres, often in solitary confinement, and finally taken to the central prison. During this long spell of illegal detention, he was treated in the most cruel manner, subjected to brutal torture and blackmail, causing him irreparable mental and physical injuries. The Judgment Creditor was exposed to such a gross violation of Human Rights which the competent authority could take serious notice of. Each day of such illegal incarceration is to be reckoned while devising the remedial measures.
    ————————————————————————————————————————————
    Article 9 (3) is particularly relevant and read:

    “Any one arrested or detained on a criminal charge shall be brought promptly before a Judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release”. [Link: International Covenant on Civil and Political Rights, 16 December 1966, United Nations].

    & the UAE had breached Articles 9 of the United Nations Universal Declaration of Human Rights (1948) that condemns arbitrary arrest: ‘No one shall be subjected to arbitrary arrest, detention or exile. [Link: Universal Declaration of Human Rights]
    ————————————————————————————————————————————
    7) THE LEGAL COURT OF FIRST INSTANCE, ABU DHABI, UAE.

    The Human Rights Violations, the assault, arbitrary detention etc as narrated above were scrutinized by the Court. The Court had the opportunity to have evidence before it from witnesses belonging to different nationalities.

    The witnesses of foreign nationals (other than Indian) were in a position to give evidences, despite the fear of a possible harassment by Abu Dhabi Police and public prosecution. This ensured the independent quality of the evidence.

    The arrest and detention were against the basic principles of law. The arrogant policemen of Abu Dhabi, however, committed the atrocities in full view of the public. This proved to be their undoing.

    8) THE REACTION OF THE COURT.

    The Court expressed its shock while noticing that a victim who sought for police help from trespassers was arrested and detained by the police!

    9) THE JUDGMENT AND FINDINGS OF THE COURT.

    The Judgment of the ‘Legal Court of First Instance’ was pronounced on 10-04-1996.

    The Judgment Creditor and his brother who were charged with offences by the Abu Dhabi Police, were acquitted. The Court directed the Authorities, to prosecute the policeman involved in the illegal activities. It was found that Hassan Saeed was guilty of deception and assault. The Court criticized the Public Prosecution for concealing the assault of the policeman on the Judgment Creditor, and its tampering of evidence. Some of the material findings of the Court are:-

    i) The policeman and Hassan Saeed had committed the offences of trespass and assault.

    ii) The Judgment Creditor had only exercised his legal right, and he and his brother were attacked by the policeman and Hassan Saeed by taking the law into their hand.

    iii) The police, which was expected to help the victims, unjustifiably protected the trespassers who were the law breakers.

    iv) The Criminal Court observed that, the Interim Judgment of the Abu Dhabi Civil Court, ruled that the Judgment Creditor was the really aggrieved person and had deserved help.

    v) The conduct of the police clearly proved the malicious motives in initiating the criminal complaint against the Judgment Creditor.

    vi) Ultimately, the Court found that the policeman indulged in the illegal criminal act due to his greed, and that the police framed false charges against the Judgment Creditor to save their face.

    10) DIRECTIONS OF COURT – AN ENQUIRY INTO THE CONDUCT OF POLICE.

    The Court took a serious view of the entire events. It ordered an enquiry into the conduct of the police. The records were forwarded to the Public Prosecution for facilitating the investigation.

    The order of the Court, regrettably enough, was ignored by the UAE authority. No investigation was conducted by the prosecution. The irresistible inference is about an active Police-partisanship to help the law-breakers, who wanted to make wrongful gains, utilizing their influence, and access to the ruling power.

    The State has to bear the responsibility for such illegal actions indulged in by servants and officers and for helping anti-social elements with the full connivance of its policemen and other officials.

    The claim of the Judgment Creditor is based on solid judicial verdict of a Court of the very country in which the illegal actions took place. [Link: The Judgment of the 'Court of First Instance - Final Decree' ]

    11) SERIOUS VIOLATION OF HUMAN RIGHTS GUARANTEED BY THE CHARTER OF THE U.N.

    The Judgment Creditor was NOT released from prison in spite of his acquittal by the Criminal Court of First Instance, in total violation of the order of a judicial authority.

    At the same time, there was an alleged omission to proceed against the perpetrators of the crime, in spite of the directions of a judicial authority. This too is a serious violation of Human Rights guaranteed by the law, both the domestic law and the charter of United Nations.

    12) CONTINUATION OF LEGAL PROCEEDINGS IN THE APEX COURT.

    Ultimately, the prosecution filed an appeal in the Supreme Court of Abu Dhabi. The case was posted for hearing on 18-04-1996.

    13) APEX COURT ORDER GRANTING BAIL TO THE ‘JUDGMENT CREDITOR’.

    The Court granted bail to the Judgment Creditor on the day the prosecution filing an appeal. However, despite the bail and sureties the Judgment Creditor was not released from the prison.

    14) INTERVENING EVENTS CONFIRMING VIOLATION OF HUMAN RIGHTS AND ADMISSION OF POLICE ABOUT SUCH VIOLATIONS.

    In the meantime, policeman Ahmed Abdulla Abdul Kadir filed a declaration dated 17-03-1996, attested by a Notary, where-under he dropped the contentions in his complaint. Hassan Saeed followed the suit and admitted his guilt. The two other policemen submitted that they were misguided by Ahmed Abdulla Abdul Kadir in committing arrest and torture against the Judgment Creditor with a view to extort money.

    The Hon’ble Supreme Court advised the Judgment Creditor to sue against the perpetrators of the crime for damages and malicious actions.

    15) JUDGMENT OF UAE SUPREME COURT WHICH AFFIRMED THE LANDMARK RULING OF LOWER COURT.

    The final Judgment of the Supreme Court was rendered on 19-05-1996. The Hon’ble Supreme Court declared that the Judgment Creditor was totally innocent of the charges. The case hoisted against the Judgment Creditor was wholly false, baseless and fabricated by the police for personal gains. The Court observed further that all the pieces of evidence proved propriety in the acts and conduct of the Judgment Creditor.

    The conduct of the Prosecutor was strongly condemned. Referring to the principles of Islamic Law, the Supreme Court of Abu Dhabi observed that the law had honoured the man who protected his freedom, his honour, his property and his soul. A person dying while protecting that freedom is considered a ‘martyr’.

    With regard to the facts of the case, Supreme Court observed that it was proved that the policemen and other officials sought to arrest the Judgment Creditor without any right and that they curtailed his freedom.

    [Link: The Judgment of the 'Apex Court of Abu Dhabi, UAE]

    16) UAE GOVERNMENT CONTINUED VIOLATION OF COURT ORDERS AND PERPETRATED VIOLATION OF HUMAN RIGHTS.

    The defiant Executive, however, continued the violation of Human Rights. Despite the acquittal by the Trial Court, the grant of bail by the Supreme Court and dropping the charges by his complainant, and finally, the Supreme Court’s declaration precisely in line with the Lower Courts that the Judgment Creditor was totally innocent of the charges, the ongoing arbitrary detention of Judgment Creditor and his brother continued indefinitely.

    17) CONTENTION AGAINST THE NON ENFORCEMENT OF UAE COURT’S DECISIONS.

    The eminent Jurists Panel of Apex Court cross-examined all aspects of the case and found that the accused was innocent; rather ‘a martyr’. This judgment of the very country in which the police and the Executive Officers perpetrated violation of Human Rights against the Judgment Creditor, held that the Police was answerable for their criminal action.

    The ‘Debtor’, the Government of Abu Dhabi, UAE, is responsible for such a grave violation of Human Rights and reparation is legitimately to be reckoned for every day of the deprivation of liberty and violation of Human Rights by the officers and servants of the UAE.

    18) AGGRAVATED VIOLATION OF HUMAN RIGHTS BY [FRAUD] DEPORTATION RESULTING IN LOSS OF HIS DIGNITY, RESPECT AND ENTIRE PROPERTY.

    Strangely enough, and shocking, the judicial conscience, and giving a jolt to the basic concept of Human Rights, the Judgment Creditor was deported on 28- 09-1996 to India with false and fabricated records without any asset, dignity and respect whatsoever. [Link: The ‘Executive Order of Deportation’ – an ‘extremely fraudulent misrepresentation’, dated 28-09-1996 Abu Dhabi, UAE]

    Yet another gross violation of Human Rights was the dare devil action of the Executive of deporting the Judgment Creditor from the country as if the Judgment Creditor was convicted for a crime by the ‘Court of Law’, ignoring the concurrent judicial declaration of the Courts in UAE, the Court of First Instance and the Supreme Court. While so deporting the Judgment Creditor, the Executive Branch was well aware that ‘the reason shown in the deportation order was against the truth.

    The deportation order was prepared with the false and fabricated statement, with an intention to save face and simultaneously to avoid paying any reparations. The fraud committed by the Executive Branch of Abu Dhabi has caused grave injury to the Judgment Creditor, that has left him in the worst position than he was in before the fraud.

    The U.S. Supreme Court has quoted that, “There can be no doubt that the continuation of a malicious prosecution beyond the initial act of instigation may inflict additional damage upon the victim”.

    The competent authority could be justified to pass further orders appropriately dealing with the concerned officers and compensating the Judgment Creditor by awarding compensation which will take in the value of his businesses, freedom or dignity and the assets, lost by him due to the criminal actions of the administration and other officials of the UAE, along with other heads of damages permissible under law.
    ————————————————————————————————————————————
    The U.S. Supreme Court has quoted that, “There can be no doubt that the continuation of a malicious prosecution beyond the initial act of instigation may inflict additional damage upon the victim”; [Ray Wong v. Earle C. Anthony, Inc. (1926) 199 Cal. 15 [247 P. 894]. ‘The term ‘prosecution’ is sufficiently comprehensive to include every step in an action from its commencement to its final determination…’ (Lujan v. Gordon, 70 Cal.App.3d 260.)
    ————————————————————————————————————————————
    19) CONTENTIONS REGARDING THE CONDUCT OF UAE GOVERNMENT.

    It may be recalled that the UAE government was blamed of having been instrumental in defrauding or cheating the Judgment Creditor to avoid honoring its moral obligations and assigned responsibilities. The Judgment Creditor was subjected to total deprivation of his liberty, his business establishments, loss of his accumulated savings and properties, and a great suffering in his dignity as a human individual. Each deprivation by itself justifies the strongest action by the competent authority, in the light of the solid evidence placed before it.

    Deprivation of the entire property and life savings constitute a grave violation of Human Rights and the very Right to Life. There are multiple infractions of Human Rights, which constitute a more serious case calling for strongest action on the part of the competent authority. The right to livelihood cannot be subjected to individual fancies of the person in authority.

    20) ATTRIBUTION OF CONDUCT TO THE STATE.

    The ‘Debtor, the Government of Abu Dhabi, UAE‘ will stand as the fiscally responsible party until the Court Judgment is satisfied. His responsibility to do so will pass on to his successor-in-office; the successor regime is obliged to compensate the victim of state wrongs.

    Under international law, the state is responsible for all actions or omissions of its officials and organs. This is the function of the basic rules of international law concerning the responsibility of States for their internationally wrongful acts and the legal consequences which flow therefrom. The ‘successor governments’ also remain bound by the acts incurred by the ‘predecessor governments’.

    A three-judge Supreme Court bench in India has observed recently that Decree Holders must enjoy the fruits of the decree obtained by them in an expeditious manner – “It is necessary to remember that success in a suit means nothing to a party unless he gets the relief”. [Reference to the links below].
    ————————————————————————————————————————————
    ‘HERE WE TAKE A LOOK AT WHAT’S THE LEGAL POINTS OF INTEREST’:

    * The Constitution of the UAE and the ‘Arab Charter on Human Rights’ envisages many protective measures under the law. The Article 26, of the Constitution of the UAE it reads:

    ‘Personal liberty is guaranteed to all citizens. No person may be arrested, searched, detained or imprisoned except in accordance with the provisions of law. No person shall be subjected to torture or to degrading treatment’.

    But what the UAE government practice is exactly the opposite of what they preach; making the UAE Constitution itself becomes a solemn mockery! [Link: http://reparationlaw.com/caselaw/constitution-of-the-u-a-e/ ]

    * The Arab Charter on Human Rights, adopted on 15 September 1994 by the League of Arab States, where the UAE is a party. [Link: http://www.refworld.org/docid/3ae6b38540.html ]

    *Wife of the late King of Saudi Arabia has won the right to sue his son, Saudi prince for breaching a contract [Link:“The Doctrine of State Immunity” ]

    * “Decree Holders Entitled to Enjoy Fruits of the Decree Expeditiously” – Says Supreme Court of India ! [Link: ‘Supreme Court Judgment’ ]

    * “How does fraud affect a victim? ‘The impact of fraud on victims’ – Supreme Court of India [Link: ‘Supreme Court Judgment’ ]
    ————————————————————————————————————————————

    21) DOCUMENTED EVIDENCE OF TORTURE – HOSPITALIZATION AFTER REACHING IN INDIA.

    The Judgment Creditor was admitted in ‘Hinduja hospital’ Mumbai, by the very next day of his release from UAE Prison. There he was treated by different doctors at different specialties including psychiatrists. The Judgment Creditor had a greater degree of psychological stress and physical harm as a consequence of brutal methods used by the Abu Dhabi police under detention. He was advised Post-traumatic stress disorder (PTSD) treatments, Diabetic treatments etc., due to the Pancreas disorder symptoms.

    22) PURSUIT OF LEGAL REMEDIES IN INDIA.

    The Judgment Creditor fought for justice by invoking all legal flora, including the High Court of Delhi and the Supreme Court of India. The various legal proceedings, costly and time-consuming, are chronicled in [Links] Part A & Part B of the Annexures. They cover events commencing from filing the Writ Petition before the Hon’ble Supreme Court in 1996. The Supreme Court found merit in the case suggested that the Delhi High Court could be approached in the matter under Article 226.

    The Delhi High Court by its judgment dated 20-11-1997, directed the Government of India to settle the issue within two months of the date of the judgment. [Link: In the High Court of Delhi, Appellate Civil Jurisdiction]

    There was continuous and contumacious delay on the part of the Government of India. No order was passed as directed by the Delhi High Court. This necessitated the Judgment Creditor to approach the Delhi High Court again in 2003. There was an interim order on 28-1-2004 that the Government should intimate the Court of the steps taken to protect the rights of the Judgment Creditor.

    The second Judgment of Delhi High Court was rendered on 19-9-2007. It recorded a letter of the Ministry of External Affairs dated 29-7-1998 reading:-

    “We are taking up the matter with our Embassy in Abu Dhabi once again, requesting them to pursue the case at appropriate level”. [Link: Second Judgment of the Delhi High Court - 2007]

    The Government of India, did not take any action on the order of Delhi High Court, as well as repeated representations and communications from the Judgment Creditor, despite the fact that the most cruel violation of Human Rights and deprivation of freedom or property of the Judgment Creditor had been repeatedly established by judicial verdicts in a foreign country.

    23) FURTHER REPRESENTATIONS FOR DIPLOMATIC ACTION BASED ON VIENNA CONVENTIONS.

    The International Conventions on Diplomatic and Consular Relations, outlines the rules of law for safeguarding the interests of NATIONALS of the sending States and the treatment of envoys between states. Both the States, India and the UAE are parties to the present Conventions. The functions of Diplomatic Missions according to the Vienna Convention is listed below.
    ————————————————————————————————————————————
    Article 5 & 36 of the ‘Vienna Convention on Consular Relations (VCCR) 1963’ specify the duties of consular officials’ when citizens of their country face difficulties in a foreign State.

    Representation to Government of India: [Link: ‘Indo-Gulf Reparation Mechanisms’ Timeline Highlighting Submissions & Responses]

    [Link: Article 5 & 36 of the ‘Vienna Convention on Consular Relations (VCCR) 1963’] – Done at Vienna, Austria on 24 April 1963. It consist, inter alia, in: (e) helping and assisting nationals, both individuals and bodies corporate, of the sending State.

    And also under the Article (3)(b) in the ‘Vienna Convention on Diplomatic Relations (VCDR) – Done at Vienna on 18 April 1961′; the functions of a diplomatic mission under VCDR consist in: (b) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law.

    How Far Must We Protect Our Citizens Abroad? Edwin Montefiore Borchard (1884-1951)
    ————————————————————————————————————————————

    24) INDIA HAD BREACHED ITS OBLIGATIONS UNDER THE INTERNATIONAL CONVENTIONS.

    The government of India is in clear breach of its international obligations under the Article (5)(e) Consular Functions of the Vienna Convention on Consular Relations (VCCR) 1963’ – Done at Vienna, Austria on 24 April 1963.

    The victim here a citizen of India who has been suffering all through ever since he was a victim of a violent extortion racket in Abu Dhabi police that targeted him. he was illegally arrested, brutally tortured, arbitrarily imprisoned and being held incommunicado and deported illegally from the UAE without any asset whatsoever to India.

    The Dignity and Rights of the ‘Judgment Creditor’ was not restored by the Executive authority of Abu Dhabi, as directed by both the Courts, the Court of First Instance and the Supreme Court, Abu Dhabi, UAE.

    The Government of India has not been able to get justice for the Judgment Creditor so far, except a cruel and deliberate betrayal over the past two decades”. Virtually, the Judgment Creditor was transferred from one cage to another, his freedom or dignity and his professional life continues to be denied indefinitely despite his running from pillar to post, to restore his dignity and respect and to recover his assets.

    Further about the UN Articles on Diplomatic Protection, it has been codified by the existing customary International Law on the protection of NATIONALS abroad or whose Property Rights have been unlawfully violated abroad by a foreign government. [Link to the Article is given below].
    ————————————————————————————————————————————
    The doctrine of ‘international responsibility’ [Link: The ‘Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power’ (Adopted by General Assembly resolution 40/34 of 29 November 1985)

    The Articles on Diplomatic Protection: In May 2006, the International Law Commission (ILC) has adopted the Articles on Diplomatic Protection, These articles largely codify existing customary international law on the protection of nationals abroad by means of diplomatic protection. [Link: Articles on Diplomatic Protection]

    Indian expatriates are exposed to the extreme degree of Human Rights Violations in the Arab Gulf. [Link: India's National Shame!]
    ————————————————————————————————————————————

    25) FURTHER FACETS OF VIOLATION OF HUMAN RIGHTS.

    The brutal torture of the Judgment Creditor at the Abu Dhabi prisons have caused him irreparable and serious physical ailments. As a result, at his advanced age, he is suffering now great strain, physically and mentally. the Judgment Creditor’s two children and wife who are also subjected to great sufferings as a result of the unjust deprivation of his entire property and their sustenance and facilities of life. The unabated agonies of the Judgment Creditor continues for over two decades. the Judgment Creditor’s younger brother who suffered great physical pain and mental anguish has also taken its toll on his life.

    26) THE UN WORKING GROUP ON ARBITRARY DETENTION (UNWGAD).

    In February 2016, the UN Working Group on Arbitrary Detention (UNWGAD) announced its decision finding that the detention of WikiLeaks founder Julian Assange is unlawful. The United Nations Working Group has ordered that the Swedish and British authorities to end Mr. Assange’s deprivation of liberty, respect his physical integrity and freedom of movement, and afford him the right to compensation.

    The UN Working Group on Arbitrary Detention (UNWGAD) had given inspiration to the suffering individuals in various parts of the world by its glorious Judgment in Assange’s case. A laudable principle was also declared. Various forms of deprivation of liberty “constitute a form of arbitrary detention”. [Link: The Judgment in Assange’s case]

    An illustrative precedent of UN Working Group in meting out justice to a person whose Human Rights had been violated are grave criminal acts and serious violation of Human Rights justifying the intervention of the UN Working Group.

    Assange lost in all legal proceedings including the appeal to the highest Court in United Kingdom. The UN Working Group, however, meted out justice to the deserving individuals, when fact established beyond doubts the violation of Human Rights.

    27) CONCLUSION.

    In the case of the Judgment Creditor, there has been integrated and connected activities on the part of the policemen and the officials of Abu Dhabi, UAE and the UAE Government itself in arresting without justifiable reasons; malicious and deliberate misuse of power, subjecting him to torture, violating the provisions of production of an accused in a Court of Law, prolonged arbitrary detention, disregarding the verdict of the judiciary on the innocence of the victim, and violating the basic principles of a civilized Government of honouring verdict of the judiciary, Executive abiding by such verdict.

    The Legal Court of First Instance of Abu Dhabi was declared that the conduct of the policemen clearly proved the malicious motives in initiating a criminal complaint against the Judgment Creditor. However, an order of enquiry passed by the Legal Court [Link] against the conduct of the Policemen was ignored by the UAE authority. The conduct of the Prosecutor too was condemned.

    The relevant portion of the Final Judgement [Link] of the Supreme Court of Abu Dhabi, praising the qualities of the Judgment Creditor and condemning the malicious actions of his ‘debtors’ is reproduced here for ready reference:-

    “All the pieces of evidence proved propriety in the acts and conduct of the Judgment Creditor. With regard to the facts of the case, the Supreme Court observed that the law had honoured the man who protected his freedom, his honour, his property and his soul. A a person dying while protecting that freedom is considered a martyr. And it was proved in this case that the policemen and other officials sought to arrest the ‘Judgment Creditor’ without any right and that they curtailed his freedom”.

    The illegal deportation of the Judgment Creditor by the Executive of Abu Dhabi, UAE, on fraudulent grounds has multiplied the devastating effects on the victim, such as:-

    His dignity and freedom remained lost arbitrarily as he was deported on a ‘fraudulent order’ [Link] issued by UAE Administration purposefully in order to avoid honouring its obligations. His entire assets and properties remained lost; as he was denied access to his three major business establishments [Link] and assets in Abu Dhabi, UAE, that caused ‘Multi-billion Dollars’ worth of damages;

    His dignity, respect and all his assets remains lost even after two decades of passing the ‘Historic Judgments of the Highest Court of Abu Dhabi, due to non-enforcement of Judgments. The anguish resultant from the deprivation of his freedom, dignity and property, as such the huge business assets, earned only through his untiring personal efforts causes mental depression which will virtually make the life only a vegetable existence.

    Thank You!

    Panikkaveetil K. Jabir,

    Founder-CEO, M/s. Overseas Indians’ Legal Cell.

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    The UAE officials are committed to honour the content of the obligation to execute the Court Judgments now available for sale to general public. The execution of the Judgment, it is inferred, is only delayed. “A victim of crime cannot be a “forgotten man” in the criminal justice system“. View the statements and documents …More Details

     

     

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

    Date: 2015.08.20 | Category: Abu Dhabi, Abu Dhabi Police-Looting, ADIA, Al-Jazeera, Authoritarianism, Boycott Etihad Airways, Boycott Etihad Flight, Brilliant Lawyers Wanted, Delhi High Court, Democracy, Dictators, Diplomatic Protection, Etihad Airways, Extortion Abu Dhabi, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India, India & UAE, Indian Diplomacy, Indo-Gulf Reparations, International Law, Investors duped, Investors sue UAE, Judgment Creditor, Judgment Creditor’s Case, Judgment Debtor, Justice V.R. Krishna Iyer, Legacy of Torture in UAE, Multi-billion Dollars Case, Overseas Indians’ Legal Cell, P.K. Jabir, Reparation Mechanisms, Sarah Leah Whitson, Saudi Arabia, Saudi-UAE Dictators, Sheikh Mohammed bin Zayed, Sheikh Saif, Sovereign Wealth Fund, UAE Constitution, UAE Judgments For Sale, United Arab Emirates, US Caselaw, White Paper, Willful Defaulters | Response: 0

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

    [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)

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    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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  • The War on Yemen: Where Oil and Geopolitics Mix

    Date: 2015.04.09 | Category: Freedom of Expression, Genocide in Yemen, Human Rights, Saudi-UAE Dictators, United Arab Emirates, US Caselaw, Violation of Sovereignty, War Crimes in Yemen, Willful Defaulters | Response: 0

    The War on Yemen: Where Oil and Geopolitics Mix
    Posted by: Mahdi Darius Nazemroaya   Publication: RT Op-Edge   April 09, 2015

    Everything about the war on Yemen is a smokescreen. Concealed behind the smoke is a tale of geopolitics and petro-politics that aims to control the Bab-el-Mandeb Strait and the Gulf of Aden.

    The House of Saud and a military coalition that consists mostly of anachronistic monarchies are claiming to bomb Yemen as a means of saving the Yemenite people and their transition to democracy. The irony should not be lost on observers that recognize that the Saudi-led coalition — consisting of the Kingdom of Morocco, UAE, Kuwait, Kingdom of Bahrain, Hashemite Kingdom of Jordan, Qatar, Pakistan, Egypt, Sudan, and Saudi Arabia itself — is comprised of an unhealthy mixture of backward family dictatorships and corrupt governments that essentially are the antithesis of democracy.

    Just as important to note, the Saudi-led war on Yemen is a criminal act. The military attack on Yemen was not authorized by the UN Security Council. Nor can the Kingdom of Saudi Arabia justify its bombing campaign under Article 51 of the Charter of the United Nations, because Yemen and Ansarullah (the Houthi movement) pose no threat of war to Riyadh and never had any intentions of igniting a war in the Arabian Peninsula. This is why the Kingdom’s war on Yemen is categorically a violation of the Charter of the UN and international law.

    The Houthis never wanted to aggravate Saudi Arabia let alone start a war against the Kingdom. Days before the Saudi-led war on Yemen, the Houthis had stealthily sent a delegation to Riyadh to establish an understanding with the Saudis and to calm them down.

    Instead of opposing the illegal war on Yemen, Washington and its allies, including Britain, have thrown their political support behind the bombing of Yemen by the malfeasant Royal Saudi Air Force, which has committed war crime by intentionally bombing civilian infrastructure, including refugee camps and children’s schools.

    It is no coincidence that most of the victims in Yemen are civilians. This is part of a Saudi strategy of establishing rapid military dominance, which is colloquially called “shock and awe.” Ring any bells? This is a strategy taken right out of Uncle Sam’s playbook that intends to demoralize resistance and scare the opponent into surrendering.

    Pentagon’s not-so-hidden bloody hands

    Not eager to reveal their roles in another illegal war on another sovereign country, the US and undoubtedly several of its NATO allies have decided to keep low profiles in the attack on Yemen. This is why Washington has opted to publicly present itself as only providing logistical and intelligence support to the Saudis for the war on Yemen.

    The war on Yemen, however, would not be possible without the US. Not only have countries like the US and Britain provided military hardware to Saudi Arabia, but they are providing it with bombs for the attack, refueling its warplanes, providing intelligence, and giving the Kingdom logistical support.

    Does this sound like non-involvement? Can the US really be considered a non-combatant in the war?

    History — and very recent history at that too — is repeating itself in Yemen.

    Observers should recall how Washington deceptively claimed that it did not want to go to war with the Libyan Arab Jamahiriya in 2011. The US publicly let the British and French take the lead in the NATO war on Tripoli while the Pentagon was actually the main force behind the war. US President Barack Obama called this a strategy of leading from behind.”

     The US strategy in Yemen is not too different from that of the  NATO war on Libya. It is another case of cloak and dagger where  the US does not want to be seen pulling the strings behind the  aggression and violation of international law.

    The Saudis would never have dared attack Yemen without  Washington’s green light or help. The Pentagon is even selecting  the bombing targets in Yemen for the Kingdom. “American  military planners are using live intelligence feeds from  surveillance flights over Yemen to help Saudi Arabia decide what  and where to bomb,” the Wall Street Journal casually   reported when the war began. National  Security Council spokeswoman Bernadette Meehan, even stated that  the US had established a  joint planning cell with Saudi Arabia to coordinate the  attack on Yemen.

      This is why it should not come as a surprise that Saudi Arabia  used Washington as the platform to announce the launching of its  war on Yemen. The Associated Press even noticed the weird podium  that the Kingdom had selected. “In an unusual tableau, Saudi  Arabia’s ambassador to the United States announced the rare  military operation by his country at a Washington news conference  about a   half-hour after the bombing began,” the Associated Press  reported on March 25.

    Double standards: Remember EuroMaidan in Ukraine?

      One ugly double-standard after another ugly double-standard  sticks out. While the House of Saud argued that it has intervened  militarily in Yemen to restore Abd-Rabbuh Manṣour Al-Hadi, who  Riyadh claims is the legitimate president of Yemen, it has pushed  for a war on Syria and worked with the US to topple Bashar  Assad’s government.

      Washington’s reaction is even more lopsided. When EuroMaidan was  underway in Kiev and Ukrainian President Viktor Yanukovich was  forced to flee in 2014, the US and its allies claimed that  Yanukovich had lost all legitimacy because he fled Ukraine. Even  as recently as February 2015, US officials have maintained this  argument. “Well, let’s all refresh ourselves on the facts  here. President — former President Yanukovich abdicated his  responsibilities by fleeing Kiev during a political crisis,”   the US Department of State’s spokesperson, Jennifer Psaki,   told reporters during a press briefing.

      Well Mr. Al-Hadi also fled his country. Nevertheless, the same  measuring stick that was used in Ukraine is not applied to assess  Al-Hadi’s legitimacy. Unlike its position on Ukraine, Washington  claims that Al-Hadi is still the legitimate leader of Yemen.

      The US is even willing to put aside its differences and work with  Sudan, which the US Department of  State claims is a state sponsor of terrorism, to bomb Yemen  into accepting Al-Hadi back.

      The basis for all of these contradictory positions is really a  marker of US interests and Machiavellianism. It has nothing to do  with legitimacy, democracy, or human rights.

      Al-Hadi’s (il)legitimacy

      While there some parallels between the two, there are key  differences between Ukraine and Yemen. These key differences set  Yanukovich and Al-Hadi apart and are what made Yanukovich  legitimate and Al-Hadi illegitimate.

      Firstly, unlike President Yanukovich, Al-Hadi resigned from  office. For arguments sake, however, we will not dwell on this.  There are much more important points for evaluating Al-Hadi’s  legitimacy.

      Unlike Yanukovich, Al-Hadi’s term had actually expired. While  President Yanukovich was elected into office by the Ukrainian  people for his term, President Al-Hadi’s term was extended  through an administrative process. To quote Reuters: “Yemen’s political factions  extended the president’s term by a year” on January 21,  2014. Al-Hadi was only kept in office to execute reforms, and  this is the criterion for his legitimacy.

      Under the above context, it has to be remembered that Al-Hadi was  selected as a transitional figure. He became the president of  Yemen to usher democracy and his term was extended in 2014 for  this purpose. Instead, Al-Hadi dragged his feet on the democratic  reforms — the fundamental basis for his legitimacy — that he was  supposed to institute in Yemen. He was not fulfilling his mandate  to share power and to enfranchise Yemen’s different political  factions.

      President Al-Hadi actually tried to concentrate power into his  own hands while working to weaken Yemen’s other factions,  including the Houthis, through gerrymandering by redrawing  Yemen’s administrative regions.

    Petro-politics & Bab-el-Mandeb Strait: Another war for  control of oil?

      The geopolitical significance of Yemen has weighed heavily in the  equation. This war is as much about oil as it is about Saudi  suzerainty and the House of Saud’s objectives to make Yemen a  vassal state. Alongside Djibouti, Yemen forms part of an  important maritime chokepoint, called the Bab-el-Mandeb Strait  (also known as the Gateway of Tears/Anguish), which connects the  Indian Ocean’s Gulf of Aden and the Red Sea.

      It is no exaggerations to call the Mandeb Strait one of the  world’s arteries. As a maritime chokepoint, the strait is just as  important as Egypt’s Suez Canal — which connects the  Mediterranean to the Red Sea — and the Strait of Hormuz in the  Persian Gulf, because Bab-el-Mandeb overlooks one of the most  strategic and important global corridors for the transportation  of energy and international commerce.

      Preventing US and Saudi rivals from gaining a strategic foothold  over the Mandeb Strait and the Gulf of Aden is a major objective  of the war on Yemen. The US and the House of Saud see control  over the Mandeb Strait and the Gulf of Aden as strategically  important in the scenario of a conflict with Iran where Tehran  closes the Strait of Hormuz to oil shipments and international  shipping. As the New York Times points out, “Nearly all Saudi commerce is  via sea, and direct access to the Arabian Sea would diminish  dependence on the Persian Gulf — and fears of Iran’s ability to  cut off the Strait of Hormuz.” Plan B in such a scenario for  the Kingdom includes   using Aden and other Yemeni ports.

      Support for the balkanization of Yemen chimes with this and ideas  about dividing Yemen have been floating around since the Arab  Spring. In 2013, the New York Times had this to propose about a  Saudi takeover and annexation of southern Yemen: “Arabs are  abuzz about part of South Yemen’s eventually merging with Saudi  Arabia. Most southerners are Sunni, as is most of Saudi Arabia;  many have family in the kingdom. The poorest Arabs, Yemenis could  benefit from Saudi riches. In turn, Saudis would gain access to  the Arabian Sea for trade, diminishing dependence on the Persian  Gulf and fear of Iran’s virtual control over the Strait of  Hormuz.”

    Houthi control over Yemen, however, complicates and obscures US  and Saudi plans.

      Mandeb Strait and control of strategic chokepoints

      As Hezbollah Secretary-General Hassan Nasrallah has rightly  pointed out, the Houthis and the Yemeni military are capable   of  closing the Mandeb Strait. One of the reasons that Saudi  Ambassador to Washington Adel Al-Jubeir stressed that the Houthis  should not have control over ballistic missiles, heavy military  hardware, and Yemeni bases is because the US and Saudi Arabia  want to neutralize the potential of Yemen to close the Mandeb  Strait, especially if Yemen should coordinate with Tehran as an  Iranian ally in the future. In this regard, the Saudis have  attacked Yemen’s missile depots. The aim of the air strikes  include not only preventing Yemen’s missile arsenal from being  used to retaliate against any exertions of Saudi force, but to  also prevent them from being on hand to a Yemen government  aligned to Tehran or other US rivals.

      Moreover, it has to be remembered that control over Yemen is not  only important for mitigating the effects from a scenario where  the Strait of Hormuz are closed by Tehran. Control over Mandeb  Strait is also important for tightening the noose around the  Iranians and in the scenario of a war with Iran. The same can be  argued about a US strategy in the Indian Ocean against the  Chinese.

      Back in 2011, when Russia’s Deputy Prime Minister Dmitry Rogozin  was serving in Brussels as Moscow’s envoy to NATO, he noted that  Washington was not only planning on taking over Syria as a  beachhead for a war with Iran, but that the US and its allies  would later try to control Yemen as the next step in preparing  the grounds  for an attack on Iran. At the time, RIA Novosti (now renamed  Sputnik) reported that “Rogozin agreed with the  opinion expressed by some experts that Syria and later Yemen  could be NATO’s last steps on the way to launch an attack on  Iran.”

    Why did Netanyahu warn US Congress about Yemen?

      Reports that Israel is a not-so-secret member of the Saudi-led  coalition that is bombing Yemen need to be read, understood,  analyzed in the above context about the Mandeb Strait too.  Netanyahu’s unspoken concern is that Yemen could cut off Israel’s  access to the Indian Ocean and, more specifically, its ability to  easily deploy its Dolphin class submarines to the Iranian coast  in the Persian Gulf.

    Who is threatening who? According to the Sunday Times and Israeli  sources,   three nuclear-armed Israeli submarines are deployed near  Iran’s shores at all times waiting on standby for orders from Tel  Aviv to bomb Iran. In part, this is why Israeli Prime Minister  Benjamin Netanyahu was ringing the alarm bells about Yemen  and the Mandeb Strait in the Washington Beltway when he went  to speak on Capitol Hill on March 4.

      Israel is concerned about Yemen because an independent Yemeni  government could inhibit Israel’s nuclear-armed submarines from  easily deploying from the Red Sea to the Persian Gulf to menace  Iran with the threat of an attack.

      Iran and the Houthis

      Just like the case with Ukraine, all the problems in Yemen are  also being blamed on a nearby country. While Russia has been  blamed as the scapegoat for the plethora of problems in Ukraine,  Iran has been blamed for the Saudi war on Yemen.

      The Saudis are falsely depicting the Houthis as Iranian proxies  or allies, because the movement is composed of Zaidi (Fiver)  Shiites. The Houthis, however, are independent from Tehran and  have agency as political actors; they are not Iranian proxies  whatsoever. A common faith has not brought the Houthis and the  Iranians, who are predominately Jaffari (Twelver) Shiites,  together. Politics is what has brought the two together.

      The sectarian language that falsely depicts Yemen as a  battleground between Shia Muslims and Sunni Muslims is ill  informed or intended to mislead people by design about the actual  politics and history of Yemen. This type of sectarian language  was never used when the House of Saud supported King Mohammed  Al-Badr’s Zaidi imamate against the republicans or Ali Abdullah  Saleh, who himself is a Zaidi Shiite, against the Houthis.

      Hezbollah Secretary-General Hassan Nasrallah is very accurate  when he points out that different regional players are turning to  Tehran for help, because either Saudi Arabia will not help them  or is pushing them in the direction of Iran through its foolish  policies. This has been precisely the case for the Houthis. If it  was not for the flawed policies of the US and Saudi Arabia, the  Houthis would never have turned to Iran in the first place.

      The Houthis also sent delegations to Moscow and Beijing to  overcome US and Saudi efforts to isolate and weaken them  internationally.

      Will Yemen become Saudi Arabia’s Vietnam?

      Historically, foreign intervention in Yemen has largely proven to  be a disaster. Yemeni terrain is rugged and the elevated interior  topography is perfect for guerilla warfare. Gamal Abdel Nasser’s  Egypt lost many soldiers in North Yemen during its civil war,  which was a major liability for Cairo.

      When Ibn Saud was conquering Arabia, he was stopped in Yemen by  King Yahya.

      In more recent history times, when Saudi Arabia invaded Yemen to  fight the Houthis in 2009 and 2010, it was effectively defeated  again in Yemen. The Houthis even ended up capturing towns inside  Saudi Arabia.

      Ground operations will not be a walk in the park for Saudi  Arabia. Any invasion and occupation of Yemen will prove to be a  disaster for the Kingdom. There are also complex tribal links  between southern Saudi Arabia and Yemen. In the chaos a Pandora’s  Box could be ignited that would result in rebellions inside the  Kingdom itself.

      The House of Saud seems to be cognizant of the dangers. This may  be why it is pushing Pakistan and Egypt to send their troops.

      Someone should tell the House of Saud that according to the  Chinese general Sun Tzu, “The best war is the one that never  has to be fought.”

    Source: ‘War on Yemen: Where oil and geopolitics mix’ was originally published by RT on April 9, 2015.

    SPONSORED BY THE ‘JUDGMENT CREDITOR’

    Ever heard of a victim celebrating the 20th anniversary of the gravest disaster in his life? It’s the tragic drama of the Judgment Creditor, in real life. The victim is forced to celebrate his twentieth anniversary of looting and torture by the Abu Dhabi police due to Non-execution of its Landmark Judgments. He is not celebrating it with cheers, but with agonizing memories of the nightmare …COMING SOON! ‘Abu Dhabi: Shop burgled by policeman in civil-dress, US$ .4m worth money and valuables looted’

     

    UAE’s State-sponsored Terrorism & Funding for Coup in the Middle East

    Reports on ‘Human Rights in the UAE’

    Promoting Human Rights Values in the Digital Age. Let’s Join

  • 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

     

  • Etihad flight diverted by reported bathroom arsonist

    Date: 2014.02.19 | Category: Abu Dhabi, Abu Dhabi Coup Funding, ADIA, Al-Jazeera, April, Bahrain, Boycott Etihad Flight, Dictators, Egypt Coup Funding, Etihad Airways, Fraudulent Statements, Freedom of Expression, Human Rights, Human Rights Watch, India & UAE, International Law, Investors sue UAE, Other, Overseas Indians’ Legal Cell, punishment, Saudi Arabia, Sheikh Saif, Sovereign Wealth Fund, UAE Judgments For Sale, United Arab Emirates, US Caselaw | Response: 0

    etihad-airways-plane-arsonist-attack-abu-dhabiEtihad flight diverted by reported bathroom arsonist
    February 19, 2014 By Frances Cha, CNN

    A reported arsonist on board an Etihad Airways flight is being blamed for an emergency landing.

    According to Etihad Airways, flight EY461 from Melbourne to Abu Dhabi had to make an emergency stop in Jakarta on Monday after smoke was detected in bathrooms mid-flight.

    “It was very smoky, and it felt like the aircraft had filled with smoke,” said passenger Sarah Jefferey, as reported by the Sydney Morning Herald.

    “When smoke was detected in two of the toilets … the captain decided to divert the aircraft as a precautionary measure and land in Jakarta in order to allow the authorities to assist him to conduct a security assessment of the situation,” said the airline in a statement.

    After a search of the aircraft, passengers and carry-on luggage, the flight took off from Jakarta, continuing to Abu Dhabi.

    Etihad Airways, the national carrier of the United Arab Emirates, didn’t say whether any passengers were removed from the flight in Jakarta.

    According to an updated statement from the airline, 12 passengers are being held by Abu Dhabi security authorities.

    No arrests have been made.

    More smoke

    Despite strict controls over passenger movements instituted by the pilot, that wasn’t the end of the smoking bathrooms.

    Yet another toilet smoke alarm went off two hours before arrival in Abu Dhabi.

    At this point, flight attendants ceased normal service to take up watch at each restroom and to monitor passenger access, said the airline.

    The plane landed in Abu Dhabi four hours behind schedule.

    No injuries were reported.

    First person account

    While Etihad Airways’ official statement made no mention of an arsonist — simply noting that smoke had been detected on board — several passengers say they were told upon landing in Jakarta that someone had started fires on the plane.

    Passenger Graham Foote, a singer traveling to Abu Dhabi for a performance, told CNN he became aware of the issue when cabin lights suddenly came on five hours into the flight.

    “I looked at the inflight map and discovered that we were 90 minutes out from our destination, which seemed unusual given it’s a 13-hour flight,” said Foote.

    “The captain then came over the intercom and announced that there had been a security breach and that we were diverting to Jakarta.”

    Other passengers say the reason for the diversion was explained to them only after landing in Jakarta.

    “Upon arrival in Jakarta, we were told that a passenger had attempted to light two fires on the aircraft,” said Foote.

    When more smoke began coming from the bathroom following the Jakarta takeoff, all semblance of normal service — including food and drink service — was abandoned.

    “Approximately two hours (away) from Abu Dhabi, we were informed that the arsonist had made another attempt and that all service was to be suspended,” said Foote.

    “The cabin staff also further restricted bathroom access at this point, checking the trash and toilet after every passenger had been inside.”

    Suspects

    While the Sydney Morning Herald reports that a female passenger is a suspect, Foote said that two men “of Middle Eastern origin” seemed to be the subjects of investigation and were detained by police upon arrival in Abu Dhabi.

    “One of the guys had a very nervous demeanor and intermittently changed seats throughout the flight from directly in front of me to another vacant seat with his travel companion,” said Foote.

    “During the first flight, when he entered the bathroom about seven staff members were congregated around the area, two of whom held fire extinguishers.”

    Upon landing at Abu Dhabi Airport, all passengers and crew were interviewed by authorities.

    Etihad Airways has not commented on suspects, stating only that the event is still under investigation.

    Abu Dhabi police are also investigating the incident.

    Passengers have lauded the airline’s crew for rising to the occasion.

    Passenger Paul Ross wrote to CNN praising the airplane crew’s response.

    “The crew on this flight should be highly commended,” wrote Ross.

    “They dealt with these incidents with complete professionalism. They ensured there was no panic and kept passengers on the plane calm and settled.”

    Foote called the crew’s response “extraordinary.”

    As for his own state of mind during the episode, Foote said that the flight felt “so surreal it didn’t really feel dangerous.”

    “Like most passengers on board, my biggest reaction was frustration at the delay and anger toward the person or persons who were attempting to light the fire.”

    Similar reports on Arsonist onboard Etihad Airways Flight

    “Boycott Etihad Flight” – Recommended reading lists compiled by ‘Boycott UAE’
    [Links on UAE's state-sponsored terrorism. Terror practiced by the Regime of Abu Dhabi, United Arab Emirates, against its own people, foreign nationals and its neighboring countries]

    UAE Funding for Coup in the Middle East

    Reports on ‘Human Rights in the UAE’

    How to buy ‘Landmark Judgments’ of Abu Dhabi Court?
    [A unique investment to all Indians who are proud to be an Indian!]

    Outright sale of the judgment [Unexecuted] is not envisioned. Funds are proposed to be raised by distribution of shares. One can invest a sum as small as $USD 1,000.00 in a valid Legal Judgment. “A Portfolio of UAE Judgments for Sale” The UAE Judgment have been guaranteed three times more value of investment along with 4.5% yearly bonus. In some cases, the earnings will go up Ten Times (ie. $1,000 x 10 = $USD 10,000.00) worth their investment. ..Read Terms & Conditions

    ‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’. The Executive of the State was duty bound to adhere to the orders of the Judiciary of the land. Flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. “Reputation of Abu Dhabi, United Arab Emirates!”

    Principal Sources
    “Boycott Etihad Flight” – Recommended reading lists compiled by ‘Boycott UAE’

  • Human Rights Watch World Report 2014: United Arab Emirates

    Date: 2014.01.28 | Category: Abu Dhabi, Abu Dhabi Coup Funding, Al-Jazeera, Bahrain, Democracy, Dictators, Freedom of Expression, Human Rights, Human Rights Watch, International Law, Judgment Creditor, Legacy of Torture in UAE, P.K. Jabir, Sarah Leah Whitson, UAE Judgments For Sale, United Arab Emirates, US Caselaw | Response: 0

    human-rights-watch-world-report-2014Human Rights Watch World Report 2014: United Arab Emirates
    January 28, 2014 Human Rights Watch

    The United Arab Emirates (UAE) continues to crack down on freedom of expression and association. The authorities are arbitrarily detaining scores of individuals they suspect of links to domestic and international Islamist groups. A court convicted 69 dissidents in July after a manifestly unfair trial, in which evidence emerged of systematic torture at state security facilities. The UAE made no reforms to a system that facilitates the forced labor of migrant workers. Plans to ameliorate conditions for female domestic workers fall short of the standards outlined in the convention on domestic workers that the International Labour Organization (ILO) adopted in 2012.

    Torture and Fair Trial

    In July, the Federal Supreme Court sentenced 69 Emirati dissidents to prison terms of up to 10 years on charges of aiming to overthrow the government after a mass trial of a total of 94 defendants marred by violations of fair trial standards, including credible allegations that the defendants endured torture in pretrial detention. The court acquitted 25 of the defendants.

    Authorities held at least 64 of the detainees at undisclosed locations for up to a year before the trial began in March, and many of the detainees had no access to legal assistance until late February. Prior to the opening of the trial, security officials denied international observers entry to the UAE. Authorities prevented other observers who had been admitted to the country from entering the court, despite the fact that they had complied with the stipulated procedures.

    At the first trial hearing, some of the defendants told the judge they had been seriously ill-treated during their months in detention. In June, rights groups received 22 statements written by some of the 94 people on trial that corroborated these claims. All but six of those who wrote statements said that officials subjected them to temperature extremes and interrogated them while they were blindfolded. Two said their interrogators threatened them with electrocution.

    Other detainees in the UAE have also alleged that they endured ill-treatment that in some cases amounted to torture. Officials held Egyptian journalist Anas Fouda in custody for 35 days after state security officers detained him in July, and after his release, he said that officials kept him in solitary confinement, with extremes of temperature and harsh lighting that resulted in sleep deprivation. Saud Kulaib, an Emirati national, spent five months in incommunicado detention between December 29 and May 27. In addition to enduring solitary confinement,

    extremes of temperature, and sleep deprivation, he told family members and other inmates that officers beat him, sliced his hand open with a razor blade, threatened to pull out his fingernails, and told him that his wife was in detention and on hunger strike.

    Fourteen Egyptians are at time of writing in Al Wathba jail after spending up to seven months in incommunicado detention before their transfer there in June. They did not have access to a lawyer until September 22 and their family members claim they had been subjected to physical and psychological torture in detention.

    Freedom of Association and Expression

    Those convicted in the mass trial all have ties to an Emirati Islamist group, al-Islah, that has advocated political reform in the UAE. The judgment in the case indicates that the judge convicted them solely on the basis of their exercise of their rights to freedom of association and expression. The bulk of the evidence in the 243-page judgment focuses on the peaceful political activities of the accused and their ties to al-Islah, which the judgment asserts is a branch of the Muslim Brotherhood.

    The only evidence that suggests any intention to overthrow the government is a confession by one defendant, Ahmed al-Suweidi, whom authorities forcibly disappeared for five months after his arrest on March 26, 2012. In court, al-Suweidi denied all the charges. There is nothing in the judgment aside from al-Suweidi’s disputed confession that suggests those convicted were doing anything other than expressing opinions in the context of an organization whose goal was political reform.

    The authorities continue to arbitrarily detain individuals with suspected links to peaceful Islamist groups and to arrest and prosecute people for criticizing the government.

    In April, an Abu Dhabi court sentenced Abdulla al-Hadidi to 10 months in prison for publishing false details of a public trial session via the Internet. Al-Hadidi had attended four court sessions of the UAE’s mass trial and had posted comments about what he witnessed on social media sites.The court’s judgment invoked the UAE federal decree on cybercrime, passed in November 2012. The decree provides for prison sentences for a range of nonviolent political activities carried out on or via the Internet, from criticism of the UAE’s rulers to calling for unlicensed demonstrations. In July, the day after authorities arrested an Emirati national named Khalifa Rabia, a government-linked television channel aired a piece accusing him of “affiliation with secret cells” on the basis of an analysis of his Twitter account, which contained tweets in support of political detainees in the UAE. Rabia remained in detention at time of writing.

    Authorities have not yet filed charges against the 14 Egyptians detained between November 21, 2012 and January 7, 2013, but local media alleged that the detained men had formed a covert Muslim Brotherhood cell attempting to establish a foothold in the UAE. According to their lawyer, only three of them have ever been members of the Muslim Brotherhood in Egypt. The detainees include doctors, engineers, and university professors, all of whom have lived and worked in the UAE for many years. Eight of the detainees have been in the UAE for between 20 and 30 years.

    Migrant Workers

    According to 2011 government statistics, foreigners account for more than 88.5 percent of UAE residents, many of them low-paid migrant workers from South Asia. Despite years of criticism, the UAE has not addressed shortcomings in its legal and regulatory framework that facilitate the exploitation and forced labor of these workers.

    Recruiting agencies often charge workers fees of several thousand dollars and employers customarily confiscate the workers’ passports for the duration of their stay in the UAE. The authorities have taken no steps to stop either of these illegal practices. Nor have they taken steps to reform the kafala (sponsorship) system that ties a migrant worker’s legal residence to his or her employer, or “sponsor.” Migrant workers have no right to organize or bargain collectively, and face penalties for going on strike. In May, hundreds of workers at a site in Dubai went on strike demanding better pay and conditions. After the two-day strike, immigration officials issued at least 40 deportation orders.

    UAE labor law excludes domestic workers,almost exclusively migrant women,denying them basic protections such as limits to hours of work and a weekly day off. A flawed 2012 draft law for domestic workers has yet to be adopted and a regional unified contract for domestic workers, expected to be approved in 2014, falls well short of the minimum standards outlined in the Domestic Workers Convention that the ILO adopted in 2011.

    Women’s Rights

    In July, a Norwegian woman received a 16-month prison sentence for extramarital sex after she reported to the police that she had been raped. The police did not believe her claim that the sex was nonconsensual. The subsequent international outcry led to an official pardon and her release, but the case highlighted how women who report rape can be threatened with criminal charges instead, and as such exposed longstanding problems with procedures for victims of sexual violence.

    Federal Law No. 28 of 2005 regulates matters of personal status in the UAE and some of its provisions discriminate against women. The law states that UAE women have the right to work “without being held disobedient” and the right to complete their education, but it also requires that a male guardian concludes a woman’s marriage contract. Talaq, unilateral divorce, occurs by a declaration from the husband in the presence of a judge.

    Despite the existence of shelters and hotlines to help protect women, domestic violence remains a pervasive problem. The penal code gives men the legal right to discipline their wives and children, including through the use of physical violence. The Federal Supreme Court has upheld a husband’s right to “chastise” his wife and children with physical abuse.

    Key International Actors

    Influential allies such as the United States, France, and the United Kingdom, all of which are seeking multibillion-dollar fighter jet contracts with the UAE, have refrained from criticizing the UAE’s crackdown on political dissent.

     News & Resources:

    ‘World Report 2014 Human Rights Watch’s 24th annual review of human rights practices’
    ‘UAE: Human Rights Watch Official Refused Entry’
    ‘UN expert calls for probe of ‘torture’ in UAE prisons’
    ‘Solidarity with UAE Lawyers’
    ‘UAE Human Rights News’
    ‘UAE jails scores of people in coup trial’

    ‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’. The Executive of the State was duty bound to adhere to

    the orders of the Judiciary of the land. Flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. “Reputation of Abu Dhabi, United Arab Emirates!”

  • US court rejects Adia bid to overturn ruling to recover $4bn in damages from Citigroup

    Date: 2013.03.06 | Category: Abu Dhabi, Abu Dhabi Coup Funding, ADIA, Al-Jazeera, Arbitration, Citigroup, Dictators, Egypt Coup Funding, Human Rights, International Law, Investors duped, Investors sue UAE, Judgment Creditor, Legacy of Torture in UAE, Other, Overseas Indians’ Legal Cell, Sheikh Saif, Sovereign Wealth Fund, UAE Judgments For Sale, United Arab Emirates, US Caselaw | Response: 0

    US court rejects Adia bid to overturn ruling to recover $4bn in damages from Citigroup
    March 6, 2013 Reuters

    A Manhattan federal judge has rejected a bid by the Abu Dhabi Investment Authority (Adia) to overturn an arbitration panel’s ruling favouring Citigroup in a dispute over a US$7.5 billion (Dh27.5bn) investment by the fund in the bank.

    The US district judge George Daniels on Monday rejected arguments that the October 2011 ruling by an American Arbitration Association panel, which reviews international disputes, ignored applicable law and was “fundamentally unfair” by depriving the Abu Dhabi sovereign wealth fund of a chance to properly present its case.

    Adia had sought to rescind the November 2007 investment, or recover $4bn in damages over what it called Citigroup’s fraudulent representations to induce it to invest.

    David Elsberg, a partner at the US law firm Quinn Emanuel Urquhart and Sullivan, representing Adia, did not immediately respond to a request for comment.

    Shannon Bell, a Citigroup spokeswoman, said the bank was pleased with the decision

    The $7.5bn investment had given the Abu Dhabi fund a 4.9 per cent stake in Citigroup, enabling it to surpass Prince Al Waleed bin Talal of Saudi Arabia as the largest individual shareholder.

    Citigroup also accepted other investments around that time to shore up its capital base, in the wake of billions of dollars of writedowns linked to subprime mortgages.

    It nonetheless ultimately required a series of federal bailouts, which it has since repaid.

    Mr Daniels said the three-person arbitration panel neither was “guilty of misconduct” nor acted in “manifest disregard” of the law, citing standards of proof he said could justify throwing out an award under the Federal Arbitration Act.

    He noted that the panel had listened to 24 witnesses over 16 days and accepted 5,988 exhibits in reviewing the case against the third-largest US bank.

    Citigroup shares trade at a little over one-tenth of their level when Adia made its investment, after accounting for a reverse stock split.


    Read details of the heinous crimes did by the UAE Ruling Family – from the history of Abu Dhabi, UAE

    Shaikh Zayed bin Sultan Al Nahyan, the founder of United Arab Emirates, the then UAE President and Emir of Abu Dhabi, was the person behind Bank of Commerce and Credit International (BCCI)

    Mindful, in particular, that a judgment debt is hanging over the Abu Dhabi Emirate, United Arab Emirates. The judgment is binding and enforceable by the court of Abu Dhabi from where the ruling came from. The Judgment debt of Abu Dhabi, can be eliminated or satisfied by the enforcement of judgments and legal remedies… “Publications – UAE Judgments For Sale!”


    How to buy ‘Landmark Judgments’ of UAE Court?

    Outright sale of a judgment is not envisioned. Funds are proposed to be raised by distribution of shares. One can invest a sum as small as $USD 1,000.00 in a valid Legal Judgment.

    A Portfolio of UAE Judgments for Sale! The UAE Judgment have been guaranteed three times more value of investment along with 4.5% yearly bonus. In some cases, the earnings will go up Ten Times (ie. $1,000 x 10 = $USD 10,000.00) worth their investment. ..Read Terms & Conditions

    ENFORCEMENT OF UAE JUDGMENTS:

    TRANSNATIONAL LITIGATION AND ARBITRATION

    Help us reach our goals by making a contribution to enforce the UAE Judgment(s)

    The petitioner, who is a UAE torture survivor of inside the regime’s brutal prison in Abu Dhabi, United Arab Emirates and most importantly a THREE times of ‘Judgment Creditor’ from the Legal Courts of Abu Dhabi, and still frustrated in the course of enforcing his judgments. He is now aimed to take his case to the next level of courts, the “International Court of Justice and Arbitral Tribunals”.

    We need your active support to expose the debtors who hide Judicial decisions, commit fraud and other henious acts to avoid honoring their obligations. …

    Please visit “Active involvement in the process of getting justice and its implications!?

    ‘Oh, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial’. The Executive of the State was duty bound to adhere to the orders of the Judiciary of the land. Flouting the orders of a judicial body is totally destructive of the Rules of Law and norms internationally upheld for safeguarding Human Rights. “Truth and Justice have been nakedly sacrificing for ‘Reputation’ of Abu Dhabi, United Arab Emirates!”

     

  • The Arabian Dream: Abu Dhabi’s Mercenaries

    Date: 2013.02.19 | Category: Abu Dhabi, Abu Dhabi’s Mercenaries, Al-Jazeera, Authoritarianism, Blackwater Mercenaries, Democracy, Dictators, Saudi Arabia, United Arab Emirates, US Caselaw | Response: 0

    Secret Army of UAE’s BlackWater Mercenaries

    Secret Army of Abu Dhabi’s BlackWater Mercenaries

    The Arabian Dream: Abu Dhabi’s Mercenaries
    February 19, 2013 Daily News Egypt

    “Late one night in November 2010, a plane carrying dozens of Colombian men touched down in this glittering seaside capital [Abu Dhabi]. Whisked through customs by an Emirati intelligence officer, the group boarded an unmarked bus and drove roughly 20 miles to a windswept military complex in the desert sand. The Colombians had entered the United Arab Emirates posing as construction workers. In fact, they were soldiers for a secret American-led mercenary army being built by Erik Prince, the billionaire founder of Blackwater Worldwide, with $529m from the oil-soaked sheikdom,” from the New York Times article “Secret Desert Force Set Up by Blackwater”, written and reported by Mark Mazzetti and Emily B. Hager in May 2011.

    For any expatriate who has spent time in the United Arab Emirates, the luxury lifestyle soon gives way to a seedy underworld, which is only a paradise for fugitives on the run The UAE, after all, is “an autocracy with the sheen of a progressive, modern state”, according to the New York Times’ reporters who exposed Erik Prince, the founder of Blackwater, and his secret army. But for the Colombians he recruited for the battalion intended to beef up the UAE’s military presence, Abu Dhabi is the “Arabian Dream” offering a better quality of life. Prince, who had already been a driving force in the boom in wartime contracting that began after the 11 September 2001, attacks was hired by the crown prince of Abu Dhabi, Sheikh Mohamed bin Zayed Al-Nahyan, to put together a squad of foreign troops for the UAE. He outsourced critical parts of the UAE’s defense to mercenaries from countries including Colombia and South Africa, in a plan said to have been drafted months before the so-called Arab Spring revolts that many experts believe are unlikely to spread to the UAE. But Iran was a particular concern.

    The mercenaries live in a training camp, located on an Emirati base called Zayed Military City: “It is hidden behind concrete walls laced with barbed wire. Photographs show rows of identical yellow temporary buildings, used for barracks and mess halls, and a motor pool, which houses Humvees and fuel trucks,” said the New York Times article. It does not sound like much, but for these imported soldiers, joining the operation was an opportunity to earn a lot of money and see a new part of the world. This week, Columbia’s daily newspaper El Tiempo, gained exclusive access to some of the Colombian paramilitaries who spoke of the “Arabian Dream” in the UAE. For the 1,400 Colombian troops in Abu Dhabi, the UAE offers “not just a medal, but a proper paycheck”, according to a translation of the Spanish article. “Why did we decide to leave? That’s what people ask us. The response is easy: Quality of life,” the troops told El Tiempo. One officer describes the stark difference in quality of life. In Columbia, he received a bonus of 800,000 pesos ($448.80). In Abu Dhabi, he has a salary of $3,000, receives free housing, food and healthcare. He has also learnt English, and in the evenings, he and his colleagues travel in buses into the city centre, where they can buy food and supplies.

    They get weekends off. The long weeks of combat, sleepless nights, patrolling and watching for landmines were left behind, the officers told El Tiempo. Reflex Responses, a company known as R2 and contracted by the UAE government to train and recruit the troops, spends roughly $9m per month maintaining the battalion, which includes expenditures for employee salaries, ammunition and wages for dozens of domestic workers who cook meals, wash clothes and clean the camp, according to the New York Times article. The Colombians “never wanted for anything”, said Calixto Rincón, a 13-year veteran of Colombia’s National Police force who is now back in Colombia after serving as a mercenary in the UAE.

    The UAE and American leaders even arranged to have a chef travel from Colombia to make traditional soups. Unsurprisingly, the secrecy of the project and the clash of cultures between the Catholic Colombians and the Muslim Emiratis made some things uncomfortable: “Here, you can’t look at the women like in Colombia, because you can end up in jail,” one officer told El Tiempo. “A wrong glance can create offense, which gets reported to the police.” Meanwhile another told the New York Times: “We didn’t have permission to even look through the door. We were only allowed outside for our morning jog, and all we could see was sand everywhere.” But even this grievance was addressed by the American trainers. One evening, the New York Times reporters wrote: “After months stationed in the desert, [the troops] boarded an unmarked bus and were driven to hotels in central Dubai. There, some R2 executives had arranged for them to spend the evening with prostitutes.”

    Source: Daily News Egypt By: Farah Halime
    http://www.dailynewsegypt.com/2013/02/19/the-arabian-dream-abu-dhabis-mercenaries/

    Related News: -
    Selling Arms to the UAE Is Illegitimate and Unwise

    http://www.huffingtonpost.co.uk/rori-donaghy/arms-trade-uae_b_2088729.html

    The rulers of the UAE should change course and engage with legitimate citizen calls for democratic reforms. http://www.opendemocracy.net/rori-donaghy/uae-cybercrimes-law-and-eu-principle

    In the UAE, the future for those who continue to speak out looks bleak http://www.theguardian.com/commentisfree/2012/jul/18/uae-emirates-battle

    UAE’s Secret Desert Force Set Up by Blackwater’s Founder
    http://www.uaeprison.com/blog/uaes-secret-desert-force-set-up-by-blackwater%e2%80%99s-founder/

    Blackwater massacre in Nissour Square in Baghdad
    http://www.monthlyblogs.com/2011/01/blackwater-massacre-in-nissour-square-in-baghdad/

    International Convention against the Recruitment, Use, Financing and Training of Mercenaries http://reparationlaw.com/caselaw/international-convention-against-the-recruitment-use-financing-and-training-of-mercenaries/

     

     

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