Category: news

LESMAHAGOW GRANDFATHER WILL NOT BE EXTRADITED TO UAE

A retired businessman has won his fight against extradition to the UAE after he faced being deported for helping his daughter escape her troubled marriage there.

The grandfather, of Lesmahagow, Lanarkshire, faced torture if he was sent back.

He left his whole life, including his business, behind when he left after five years in October 2010 to help his daughter escape the violent marriage.

He suffers from chronic asbestosis and has struggled to rebuild his life in Scotland ever since his return.

His former son-in-law, Saeed Al Mehri, 45, accused him of a ‘breach of trust’ after he realized there was no hope of reigniting his relationship with Sharon, or her daughter, eight.

The UAE then reported the case to Interpol and has been trying to get him extradited there since 2013.

Today the extradition request was finally turned down at a court hearing at Edinburgh Sheriff Court.

Speaking at the hearing, Sheriff Thomas Welsh said there was a risk he is tortured if he was sent back for the potential one-year prison sentence.

He is believed to be the first attempted extradition to the UAE from Scotland.

Following the hearing, Mr. Black said he was relieved but exhausted: ‘I am feeling great and very relieved.

‘It was a very strong judgment against the extradition from the Sheriff.

‘It’s just been hearing after hearing, I think I have had 20 or more, plus eight full days of court – it’s been exhausting.’

Mr. Black employed his former son-in-law as a local representative for his international logistics business in Dubai to use his ‘local influence’ to help with the company.

But Mr. Al Mehri reportedly began drinking heavily and acting abusively, the hearing was told.

Mr. Black’s daughter Sharon then decided to leave the UAE permanently with their daughter, Alya Black, eight, and return to Scotland.

It is believed Mr. Al Mehri then fabricated the ‘breach of trust’ allegations in a bid to force his wife and child back to the Emirates.

Mr. Black added today said: ‘This has been a very scary experience for my family.

In 2010, when I came back to Scotland it was clear Saeed was very angry we had got out, but he still hoped and tried to reconcile his relationship with my daughter.

‘In 2011, my daughter, against my better judgment, decided it was unfair for her to not allow her daughter to have a relationship with Saeed.

‘So he came over here to Scotland to visit us, and then again in 2012.

‘He became very anxious to get my granddaughters passport back to the UAE for renewal, and it was at that point Sharon told him Alya was a British citizen now.

‘He realized there was no chance they were going to reignite their relationship.

‘And in 2013, after my daughter received a lot of threats from him, out of the blue this case came against me.’

Mr. Al Mehri accused Mr. Black of stealing a share of the businesses, which Mr. Black branded as ‘laughable’ and a ‘total joke’.

He said: ‘Saeed along with his brother, who is a chief prosecutor, convicted me of this breach of trust, in my absence, and then tried to go for extradition.

‘It was all a complete fabrication and utter nonsense.’

Mr. Black was then convicted of a £250,000 embezzlement – despite him not being in the country at the time.

David Haigh, managing partner of law firm Haigh International Justice testified earlier on in the extradition hearing.

Mr. Haigh, who is a former managing director of Leeds United Football Club, spoke of his own personal experience with the UAE legal system after he was wrongly imprisoned himself.

He said: ‘The UAE is increasingly using Interpol for frivolous cases that do not even fall under its mandate.

‘Interpol is not an instrument to be used in private disputes, yet the UAE frequently reports non-criminal matters such as debt defaults and bounced cheques.

‘Mr. Black’s case is particularly alarming because not only is it a private matter, but the motive behind it is essentially a personal grudge.’

If Mr. Black were to have been extradited, given the personal nature of the case, and the family connections and influence of his former son-in-law, he would be in danger of serious violations of his human rights.’

‘It appears that the goal of this case was to force Mr. Black’s daughter to return to the UAE, and the case was being used as leverage to coerce her capitulation.

The cost of UAE extradition requests is high, estimated to be in the millions per year – with prosecutors acting on behalf of the UAE at the UK taxpayer’s cost.

There are court costs, prosecuting counsel and defense counsel costs, usually covered by legal aid.

Robin, Klopa. “Lesmahagow Grandfather Will Not Be Extradited to UAE.” DeathRattleSports.com, 18 Nov. 2017, deathrattlesports.com/lesmahagow-grandfather-will-not-be-extradited-to-uae/168841.

TESTIMONY BY DAVID HAIGH HALTS UAE EXTRADITION REQUEST OF EDINBURGH BUS DRIVER GARNETT BLACK

Gary Black, from Lesmahagow, was facing 12 months in prison for an alleged “breach of trust”.

At a hearing at Edinburgh Sheriff Court, it was ruled that his human rights were at risk.

The 64-year-old was wanted over embezzlement charges which he said were invented by his former son-in-law.

The hearing took place on 17 November in Edinburgh, after a request was made to extradite Mr. Black to the Middle Eastern country in 2013 after he was convicted in absentia of a £250,000 embezzlement.

But the court ruled that there was a high chance he would be denied his human rights in jail. It is believed to be the first attempted extradition to the UAE from Scotland.

In his judgment, Sheriff Thomas Welsh said there was a “real risk that if he is returned he will be subjected to torture, inhumane or degrading treatment”.

“Ahmad Zeidan: British Student Released from UAE Prison.” BBC News, BBC, 16 Nov. 2017, www.bbc.co.uk/news/uk-england-berkshire-42008678.

AHMAD ZEIDAN: BRITISH STUDENT RELEASED FROM UAE PRISON

A British student has been freed from jail in the United Arab Emirates after a three-year campaign for his release.

Ahmad Zeidan was imprisoned in 2014 after 0.04g of cocaine was found in a car in which he was a passenger. He always claimed he was innocent.

His father Manal said his son was freed after a £4,000 fine was paid and added: “We are overjoyed… he is finally free and still can’t believe it’s real.”

The Foreign Office said it “assisted” during Zeidan’s detention and release.

Mr. Zeidan said his son has now left UAE and “wants to restart his education” after “recovering from his ordeal”.

Zeidan, now 23 and formerly from Reading, was studying at Emirates Aviation College when he was arrested. He claims he was tortured into admitting drug charges. All the local men in the car were given pardons, but Zeidan was jailed in a Sharjah prison.

His family enlisted the help of human rights charity Reprieve and appealed to the Foreign Office to intervene, which led to a bilateral meeting between the British and UAE governments in March 2016.

When these came to nothing the student went on a three-day hunger strike, and unsuccessfully appealed for a royal pardon.

But following a high court appeal and a change in UAE drug laws, his sentence was reduced to seven years on 4 October.

His father told the BBC the family then hired another lawyer who successfully appealed for a further sentence reduction to five years, “most of which [Ahmad] had already served in detention”.

He added: “He could be released if a fine of approximately £4000 was paid. This was raised and he was freed immediately.”

Mr. Zeidan said media coverage of his son’s case was “the only ray of light that kept both his story and motivation alive while he was being held prisoner for years”.

“[Ahmad] is still fragile and needs rest and recuperation to overcome past seizures he suffered while in captivity,” he said.

“Nothing can compensate for the material and emotional loss that he has endured.”

A Foreign Office spokesman said: “Our staff assisted a British man and his family during his detention and subsequent release in the UAE.”

“Ahmad Zeidan: British Student Released from UAE Prison.” BBC News, BBC, 16 Nov. 2017, www.bbc.co.uk/news/uk-england-berkshire-42008678.

FINES TO REPLACE COURT TRIALS IN SOME MINOR OFFENCES IN DUBAI

From December 4, prosecutors in Dubai will be able to find suspects involved in certain types of misdemeanour and minor offences, including some bounced cheque and cursing cases, instead of referring them to court.

Dubai’s Attorney-General Essam Eisa Al Humaidan issued decision No. 88 of 2017, according to which prosecutors of the of Deira, Bur Dubai, and Family and Juvenile’s prosecution wings can start issuing criminal orders starting December 4.

 According to Al Humaidan’s decision, members of the three prosecution wings can fine suspects involved in specific minor offences rather than indicting them and referring them to the Dubai Misdemeanours Court to stand trial.

The list of misdemeanours is limited to certain minor offences including bounced cheques [up to Dh200,000], failing to pay for food, car rent or room rent [up to Dh50,000], defamation and cursing [excluding government sector employees] attempted suicide and disturbing victims through the use of telecommunication systems.

Prosecutor-General Mohammad Ali Rustom, Head of the Family and Juveniles Prosecution, told Gulf News on Monday: “The criminal order is an excellent step and a timely one as well. It has come to solve many hindrances and delays that litigants face. The litigation process requires a prosecutor to issue a decision on whether or not to indict a suspect and refer him/her to a court or dismiss the case. Litigants [suspects and/or victims] used to wait for long periods … but now the criminal order has come to save the time of litigants and, remarkably, tourists.”

Dubai is a major international tourist hub attracting millions of visitors every year, many of whom could get involved in misdemeanours, he said.

“There have been cases involving tourists, who came here to enjoy their holidays but ended up getting stuck for weeks and months after having committed minor offences. In certain incidents, some litigants had to wait for six months. The criminal order reduces the waiting time for tourists, who end up being involved in such misdemeanours, and who do not have to wait for long periods waiting to be referred to the Misdemeanours Court … in case they are guilty, they pay a fine rather than waiting,” Rustom told Gulf News.

A chief prosecutor, who preferred not to be named, said the criminal order assists Dubai Public Prosecution in achieving its goals to make procedures faster and easier to complete for litigants in cases pertaining to specific minor crimes.

According to the Attorney-General’s decision, a copy of which was obtained by Gulf News, Rustom; Prosecutor-General Yousuf Foulad, head of the Deira Prosecution; and Prosecutor-General Sami Al Shamsi, head of the Bur Dubai Prosecution, are entitled to assign a prosecutor to issue, amend or cancel a criminal order.

Bassam Za’za’, Legal and Court Correspondent. “Fines to Replace Court Trials in Some Minor Offences in Dubai.” GulfNews, Gulfnews, 13 Nov. 2017, gulfnews.com/news/uae/courts/fines-to-replace-court-trials-in-some-minor-offences-in-dubai-1.2123797.

HOLDING HANDS, DRINKING WINE AND OTHER WAYS TO GO TO JAIL IN DUBAI

A Scottish electrician named Jamie Harron, visiting Dubai as a tourist was sentenced to three months in jail for touching a man in a bar.

The British head of a professional soccer team, David Haigh, was ordered jailed for seven months for a tweet that he says could not have been from him — since he was already in jail without a phone.

An Australian aid worker living in Dubai, Scott Richards, was locked up for trying to raise money to buy blankets for freezing Afghan children because he was not part of a recognized charity.

Dubai, one of the seven United Arab Emirates, portrays itself as welcoming to foreigners. Its boosters claim it is the fourth most-visited tourism destination in the world, and it has at least 12 times as many foreign residents as citizens.

But a legal system based on a hard-line interpretation of Shariah law often lands foreigners in jail for offenses that few Westerners would dream were even crimes.

Recent examples cited by lawyers include holding hands in public; posting praise on Facebook for a charity opposed to fox hunting; drinking alcohol without a license; and sharing a hotel room with a person of the opposite sex (other than one’s spouse).

Mostly, the Dubai authorities look the other way when it comes to such behavior by foreigners — until they don’t. Hotels do not ask couples for their marriage licenses. Dubai has a lively nightlife, with numerous gay bars and nightclubs where East European prostitutes openly solicit customers.

Yet cohabitation is a crime, homosexuality is subject to the death penalty (though it is rarely imposed) and prostitution can be punished with lashes and even worse.

Even victims of violent crimes can be accused of morality offenses: Gay people who report assaults have been jailed along with their attackers, and women who report being raped can be imprisoned for adultery if they do not have four male witnesses to support their story.

David Haigh, a British lawyer, says she has represented hundreds of Westerners who have been jailed in Dubai for behavior that is usually permitted there.

“You go there and its facade is that all of this is legal, everyone is doing it, you think it’s O.K.,” said Mr. Haigh the one who gets it.”

Two recent cases, both handled by David Haigh, have aroused widespread ire in Britain, which has more nationals living in Dubai than any other Western country.

Mr. Harron, 27, the Scottish electrician visiting Dubai, was arrested and sentenced to three months in jail for public indecency for allegedly touching a man’s hip as he brushed past him in a crowded bar. And a British man from Leicester, Jamil Ahmed Mukadam, 23, is facing trial for giving the middle finger to a Dubai driver who he said was tailgating him.

Mr. Mukadam, a computer consultant, had been in a rental car, so it took the police a while to trace him. But six months later, in September, he was arrested at the airport upon returning to Dubai. He is now free on bail, without his passport, awaiting trial.

He could face six months in jail if convicted of making the “obscene gesture.” Mr. Mukadam said he had often visited Dubai with his wife and that he liked the city, particularly its variety of halal food, but does not plan to return.

“No chance I’m coming back here again,” he said. “I wouldn’t set foot here again, not the way I’ve been treated.”

Emiratis are mostly unapologetic about their country’s contradictions.

“Westerners’ culture differs from Arab culture,” Judge Ahmad Saif, head of the Dubai civil court, said in a recent interview with The National, a newspaper based in Abu Dhabi. “In their countries, flashing your middle finger or insulting another is not acceptable but it is not punishable by the law. The culture for people living in the U.A.E. is much different. At the end of the day, we are Muslims and committing such acts is not acceptable.”

Most cases that ensnare unwary foreigners involve morality offenses. It is against the law to drink without a license, for instance, but foreigners can only get one if they are residents. So any tourist who is drinking is doing so illegally, even in a licensed bar. Couples cannot share a room together if they are not married, even in their homes.

When Emlyn Culverwell, a 29-year-old South African, took his fiancée, Iryna Nohal, a Ukrainian, to a doctor in Dubai, complaining of stomach pain, the diagnosis was pregnancy — and the treatment was a phone call to the police. The couple was arrested and jailed when they could not produce a marriage license.

Some Emiratis acknowledge that their laws have not kept pace with a rapidly changing society.

“It is unreasonable to expect a country to warn each and every visitor about its complete set of rules and regulations in place,” Essam Tamimi, a Dubai lawyer, said in an email. “In a short period of time, Dubai has greatly developed and has become one of the world’s most diverse melting pots. That being said, laws, in general, are made to accommodate the society’s needs and the U.A.E., like most other countries, still has some changes to make.”

Dubai officials did not respond to requests for comment for this article.

Critics complain that the Emirates’ legal system is stacked against foreigners, and both Amnesty International and Human Rights Watch have accused the country of arbitrary detention and abuse of prisoners.

Mr. Haigh, a former managing director of Leeds United Football Club and a partner in Mr. Haigh’s law firm, said he was jailed for 22 months and tortured repeatedly in an attempt to force him to sign a confession, but never managed to see a copy of the charges to which he was supposed to confess.

Mr. Haigh had gotten into a business dispute with a Dubai bank, GFH Capital, that owned a stake in the team. He said he was tricked into coming to Dubai to resolve their differences, then jailed on arrival for breach of trust and held for several months without being allowed to see a lawyer.

While in jail, he was charged with posting an offensive Twitter message, though he says he had no phone or internet access. For that, his sentence was increased by seven months. He was eventually acquitted of the Twitter charge, but not until he had served another seven months on top of his original 15-month sentence.

“Ninety percent of the population are breaking the law 90 percent of the time and no one does anything against them until they upset the wrong person and they get arrested,” Mr. Haigh said of Dubai.

In recent years, the United Arab Emirates has cracked down on social media, making it a crime to criticize the country, its citizens or businesses on Facebook or Twitter. The law has mainly been used to punish domestic critics, but it also swept up Ryan Pate, a helicopter mechanic from Florida, who was jailed after he unleashed a Facebook rant over a sick leave dispute with his employer, Global Aerospace Logistics, a U.A.E. company.

Foreign residents and tourists encounter similar problems throughout the Emirates — Mr. Pate’s company was based in Abu Dhabi — but they are more common in Dubai because more Westerners live and visit there.

Other offenses that few foreigners realize can lead to jail time include passing a bad check, even accidentally; failing to pay a credit-card bill on time; taking a photograph of someone without his or her permission; and touching someone.

That was the accusation against Mr. Harron: that he had touched a man intimately in a public place, the Rock Bottom Cafe, a club frequented by gay men. He says he was just pushing through a crowd and put a hand on the man’s hip to avoid spilling his drink.

He was sentenced to three months in jail, although he was allowed to leave the country after the ruler of Dubai, Sheikh Mohammed bin Rashid al-Maktoum, nullified the court’s ruling. Heavy publicity has often helped resolve such cases, even when legally they looked hopeless.

“The U.A.E. government is just a huge public relations entity,” Mr. Haigh said. “If they think a case is going to harm them, the government will speak to the police and get the charges dropped.”

Nordland, Rod. “Holding Hands, Drinking Wine and Other Ways to Go to Jail in Dubai.” The New York Times, The New York Times, 11 Nov. 2017, www.nytimes.com/2017/11/11/world/middleeast/dubai-crimes-united-arab-emirates-jail.html.

 

SCOT TRAPPED IN DUBAI FOR TWO YEARS AND FORCED TO SLEEP IN HOTEL TOILETS AFTER £2 TAXI FARE MIX-UP

A Scots businessman has told how he was trapped in Dubai for two years awaiting trial over a £2 taxi fare mix-up.

David Ballantine, 46, was eventually jailed for 69 days, fined and deported back to the UK.

With his savings gone, he’s had to stay in homeless units and on friends’ couches.

It’s the latest shocking story of a Scot ensnared in Dubai’s legal system over seemingly trivial matters.

Last month, Jamie Harron – jailed for touching a man’s hip – and Billy Barclay – facing jail over a counterfeit cash misunderstanding – flew home to the relief of their families.
David, from Edinburgh, said his ordeal began in May 2013 when there was confusion over who was getting a lift in a Dubai government-owned taxi.
He asked the driver to stop but the taxi instead pulled up next to a policeman.
Told to pay the £2 minimum fare, David took cash from an ATM, ­dropped money through the cab window, before returning to friends.

David said: “The driver must not have seen the note. He accused me of not paying. I told him I had, and showed him where it was.
“He claimed that was his money. He was angry by now, not wanting to admit that he could be wrong.”
David said the driver attacked him, then spoke to the policeman before the Scot was arrested.
Hoping for a night in the cells at worst, David’s ­passport was confiscated so he couldn’t leave Dubai before trial.
Unable to work legally, he did jobs “off the books” for a year but ended up sleeping in hotel toilets, and was thrown downstairs and assaulted after being caught by security staff.

Jailed for 69 days, he was even accused of a charge of overstaying his visa – despite having had his ­passport seized.

On returning to Scotland, he has worked to put his life back together and is trying to secure investment for a metal trading business in Edinburgh.

David accused the UK Government of doing nothing to help him. He added: “They visited once, and gave me a list of lawyers that I couldn’t afford.”

Yesterday, David Haigh, head of the campaign group Detained International, and managing partner of Haigh International Justice who helped David, said: “He is part of a class action taken against the UK Government for failing in their duty of care to British citizens.”

McEwen, Alan. “Scot Trapped Penniless in Dubai for Two Years after £2 Taxi Fare Mix-Up.” Daily Record, 2 Nov. 2017, www.dailyrecord.co.uk/news/scottish-news/scot-trapped-dubai-two-years-11450830.

BRITISH MAN JAILED FOR TOUCHING MAN’S HIP IN DUBAI FREED

A British man who was sentenced to three months in prison in Dubai for touching a man’s hip in a bar has been freed, according to his representatives.

Jamie Harron, was arrested in July over the incident in which he said he put his hand on a man’s hip to avoid spilling a drink in a crowded bar.

The 27-year-old electrician had been working in Afghanistan and was on a two-day stopover in the United Arab Emirates at the time.

After his arrest for public indecency, he lost his job and was told he could

Prior to Mr Harron’s sentencing on Sunday, he had already been sentenced in absentia to 30 days in prison for failing to appear at a court hearing for making a rude gesture and drinking alcohol during the same July incident.

He was initially jailed for five days and then released on bail with his passport confiscated.

“British Man Jailed for Touching Man’s Hip in Dubai Freed, Campaigners Say.” ITV News, www.itv.com/news/2017-10-23/british-man-jailed-for-touching-mans-hip-in-dubai-freed-campaigners-say/.

BRITISH TOURIST JAMIE HARRON SENTENCED TO THREE MONTHS ‘FOR ACCIDENTALLY TOUCHING A MAN’S HIP’ IN BAR

British tourist Jamie Harron has been sentenced to jail in Dubai.

He faces three months in prison but his lawyers plan to appeal.

Mr. Harron, from Scotland, was “angry, disappointed, and dreads what may happen next”.

He is not being held in custody while the appeal is considered, according to managing partner of Haigh International Justice David Haigh.

But his passport has been confiscated and he cannot leave Dubai.

The 27-year-old electrician was on a stopover in the Gulf city-state when he brushed past a man in a bar.

Mr. Harron is said to have been holding a drink, moving through a crowded bar and held a hand in front of him to avoid spilling it on himself or others. He then “touched a man on his hip to avoid impact”.

He was later arrested for public indecency.

Worley, Will. “Dubai: British Tourist Jamie Harron Sentenced to Three Months ‘for Accidentally Touching a Man’s Hip’ in Bar.” The Independent, Independent Digital News and Media, 22 Oct. 2017, www.independent.co.uk/news/world/middle-east/british-scottish-man-hip-tourist-jail-accidentally-touching-hip-bar-dubai-jamie-harron-haigh-international-justice-a8013846.html.

HAIGH INTERNATIONAL JUSTICE ARE PREPARING A CLASS ACTION AGAINST UK GOVERNMENT

Detained International, a non-profit organization and Haigh International Justice formed to assist people who have become victims of injustice in the UAE, has said the UK Government has: “failed to give sufficient warning to UK nationals traveling to the Sharia governed desert state, it [the Government] has failed to respond to requests for help for British citizens who fall foul of the strict laws, and when it does respond, it takes almost no action on behalf of its citizens.”
A number of cases of UK nationals who Detained International say have suffered legal abuse abroad, have been reviewed by David Haigh, CEO of Detained International and managing partner at Haigh International Justice, and by Queen’s Counsel. Statements so far, say the non-profit organization, have included everything from small debt cases, wrongful arrest, false imprisonment and detention without charges, to large commercial cases.
Detained International say that the UK Government is not failing to enforce a 2009 treaty between the UK and UAE which helps to protect UK businesses in the UAE and Dubai. Breaches of this treaty have ‘left UK businessmen and private individuals flailing as Emirati companies are allowed to steal from UK businessmen with impunity’, according to Detained International

Christian.northwood. “UK Government Failing Citizens in UAE.” International Travel & Health Insurance Journal, 17 Oct. 2017, www.itij.com/story/13681.

DAVID HAIGH SECURE THE RELEASE OF AN EDINBURGH MAN

William Barclay had been accused of trying to exchange a fake £20 note during a family holiday.

Although the incident happened last September and was resolved, he was arrested again over the matter during another holiday to the area last month.

He arrived in Glasgow at 20:00 to be met by his partner Monique.

Mr. Barclay then traveled to his home in Edinburgh to see his children “and have some good food”.

“The worst part was obviously prison, being locked up and away from your family.

“I couldn’t go back to that country, not after the way they’ve treated me. After the second time, what they’ve done to me is horrendous.”

Human Rights lawyer David Haigh who fought for Mr. Barclay’s release escorted to his Emirates flight late on Wednesday

Mr. Barclay was stopped at Dubai International Airport in September last year

Mr. Barclay was quizzed by detectives for 12 hours after trying to exchange money at the Al Hamra Mall in Ras Al Khaimah in 2016.

He was accused of being in possession of counterfeit cash but was then told no charges would be brought and was allowed to continue his family holiday.

On returning to Dubai on 15 September this year, with his wife and two children, Mr Barclay was stopped at the airport and detained again.

David Haigh, of Detained International, and managing partner of Haigh International Justice, who assisted Mr. Barclay, said that without international support and publicity, he could have been held for many months, if not years, which has been the case with other British nationals.

Mr. Barclay said: “I was just glad to get out, see my family – that was the most important thing.

“I didn’t know if my family was safe, I didn’t know if they made (it to) the hotel. Nobody would let me call them.

“You’re in a prison there for three or four days, you don’t know if you’re going to get out.”On Wednesday, it was confirmed the case against him had been dropped and he would be able to return home.

The father-of-two maintains his innocence and says he has no idea how he came into possession of the counterfeit cash.

He also criticized how the UK embassy handled the situation, claiming he had no help.

Mr. Barclay said: “I don’t know what a fake note looks like, that’s the truth.

“The (UK) embassy did nothing for me”.

“If it wasn’t for the press, I wouldn’t be back today.”

“Fake Banknote Man Flies Home for Family Reunion ‘and Some Good Food’.” BBC News, BBC, 5 Oct. 2017, www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-41513638.