Tag: haighinternationaljustice

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.

 

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.

SINGAPOREAN MAN AND TRANS WOMAN SENTENCED TO A YEAR IN JAIL EACH FOR ‘WEARING WOMEN’S CLOTHES IN PUBLIC’ IN ABU DHABI

A pair of Singaporean citizens have been arrested, charged and sentenced to one year in jail in Abu Dhabi for “wearing women’s clothes in public”, according to various media reports.

David Haigh managing partner of Haigh International Justice and founder and CEO of not-for-profit organization Detained International first reported about the case, in which 26-year-old Muhammad Fadli Bin Abdul Rahman and 37-year-old Nur Qistina Fitriah Ibrahim were arrested on Aug 9, a day after they landed in the United Arab Emirates capital. Eleven days later, they were sentenced, despite having no legal representation.

An official court document stated that the two were caught “cross-dressing”, and for behaving indecently. Qistina is in the process of transitioning into a woman and had changed her name, but her gender is still stated as “male” on her passport. Cross-dressing, transgenderism, and homosexuality are crimes in the UAE — if Qistina had been a post-op trans woman, the authorities would likely have had no rationale for the arrest. It is believed that the two Singaporeans were unaware of the strict laws regarding the “impersonation” of women. Both had been in the country to work on a photo shoot — Fadli is a freelance fashion photographer. The two were nabbed at a shopping mall.

According to a Straits Time report, Qistina had actually gone on holiday in the UAE four times before and came home safely each time. As for Fadli, his brother mentioned that he had sent a selfie of himself wearing a “normal white shirt” just before he was arrested.

Singapore’s Ministry of Foreign Affairs (MFA) had informed their families about the arrests last week and were only told about the prison sentence on Sunday. Foreign Minister Vivian Balakrishnan has personally assured the families that they’re assisting the Singaporean duo as best as they can.

What’s even more outrageous is the fact that the two were not represented by lawyers in court. They can, however, file an appeal 15 days after the judgment, which will be on Sept 4.

 David Haigh of UAE legal advisory firm Haigh International Justice called for a clearer definition and application of the law — strict regulations and punishments exist despite the overt existence of gay and transgender communities and venues throughout the region.

“I call upon the UAE authorities to immediately release our clients and return them to their home,” he said.

CoconutsSingapore. “Singaporean Man and Trans Woman Sentenced to a Year in Jail Each for ‘Wearing Women’s Clothes in Public’ | Coconuts Singapore.” Coconuts, 24 Aug. 2017, coconuts.co/Singapore/news/Singaporean-man-trans-woman-sentenced-year-jail-wearing-women’s-clothes-public/.