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JABIR'S CASE - JUSTICE ON TRIAL (UPDATES)
The Editor, UAE Human Rights (May 15, 2009)

                  
                   
UAE Violations of Human Rights

In recent times, violation of Human Rights in UAE came to the fore and with force with the revelation of the
torture events flashed by mainstream media. Those events have now received world wide attention. ABC News and other agencies have picked up the topic for further probe.

There are very many cases involving violation of Human Rights in the UAE but which are not noticeable easily to the outside world. A high handed action of the UAE officials is to be added to the list of such violations of Human Rights.

There is yet another basic principle about the Police executive totally replacing judicial declaration. The well-cherished segregation of powers between Judiciary and Executive is subverted in the process. The 15 years old sufferings of Mr. Jabir will be unfolded in the papers which form the accompaniments.

His unabated agony could be helpfully evaluated and quickly remedied by the progressive forces which champions Human Rights.

Jabir, an Indian businessman was subjected to the most horrific torture and humiliation by UAE (Abu Dhabi) police who outperformed their terrible masters. Jabir spent longer days and weeks at what they called underground torture chambers in Asma police station and almost a year at Al Wathba central prison in Abu Dhabi.

It was the most drastic forms of traumatic experience in his life. Jabir was residing in Abu Dhabi over 18 years and owned several establishments of which could be estimated at about 100 million US Dollars. He was framed under false criminal charges of ‘Assaulting Policemen and UAE National’.

The Court listened to the evidences of eye-witnesses from different nationalities who did not care the threat of local police and public prosecution and dared to explain the facts, were unusual occurrences in UAE. Finally, his innocence was proved and both the Trial Court and Supreme Court of that country acquitted Jabir of all the charges leveled against him further, the court ordered an enquiry about the brutual conduct of UAE police.

In the wake of the concurrent judicial findings of the Court, all the assets illegally taken away should have been restored to the victim; he should have been restored to his former status and position and adequately compensated for the mental agony and suffering and pecuniary losses suffered by him.

Unfortunately, the police officials acted in total defiance of the findings and sentiments expressed by the judicial establishments of the country. On 28-9-1996, they resorted to the high handed action of deporting Jabir back to India in total negation of principles of law.

Jabir endeavoured to seek justice against the high-handed action of the Police officials and the Government of UAE under which they were functioning. No relief whatever has been obtained despite all the efforts taken for obtaining justice. The gruesome details are narrated at Jabir’s Testimonials.

The facts are evident and born out by the records attached herein. They are all based on “facts, facts and facts”. They may be examined, and relief may be rushed to him for the clearly established violation of Human Rights in UAE.

                       Jabir's Case (Updates)

When a dispute arose in a building contract, Jabir (Hereinafter mentioned as the petitioner) instituted a Civil Suit against the local, Hassan Saeed. Though the petitioner had acted only as a law abiding citizen, and in accordance with legal advice secured in that behalf, and had only sought relief from a Court of Justice, Hassan Saeed, (who happened to be an associate of a royal family member) took it as an affront and executed illegal and violent activities against the petitioner defying, all legal provisions and principles of fair-play.

The Police Officials colluded with him, making a forcible entry into the petitioner’s place, the petitioner was threatened to withdraw the Civil Suit by abusing the force of the Police Officials as well. The petitioner could not yield to such illegal and unjust demands and therefore refused to accede.

In sharp contrast with countries abiding by the Rule of Law, those who live and work in that country do not have the protection of Law. Those who have access to the corridors of power can violate the Law with impurity. Due to various considerations, economic and political, the countries from where people migrate do not protect their citizens. It happened in the case of the petitioner.

Taking advantage of the situation prevailing in that country and securing the help of Police even by resort to all unfair means, Hassan Saeed and his men, with the assistance of the Police, ransacked the entire office and deprived the petitioner of all his valuable. The petitioner also went to the extreme step of getting the petitioner arrested. He was subjected to the greatest ordeals by being taken to the jail mercilessly tortured and illegally kept in prison, in total violation of all Human Rights.

The violation of Human Rights continued unabated, as is the general situation in that country. Only after four months of the arrest and detention, a false case was registered against the petitioner. Untold sufferings were inflicted on the petitioner as an under-trial prisoner. (The facts are evident and born out by the records attached herein at: My Prison Life).

The petitioner’s innocence was, however, established when despite the severe constraints of the petitioner, the Trial Court acquitted the petitioner of all the charges leveled against him and even ordered an enquiry about the conduct of the police officials.

The police authorities took up the matter in appeal. The Appellate Court also upheld the finding of the Trial Court and commended adversely and strongly against the illegal and high-handed acts of the officials.

In the wake of the concurrent judicial findings of the Court, all the assets illegally taken away should have been restored to the petitioner; he should have been restored to his former status and position and adequately compensated for the mental agony and suffering and pecuniary losses suffered by him.

Unfortunately, the police officials acted in total defiance of the findings and sentiments expressed by the judicial establishments of the country. On 28-9-1986, they resorted to the high handed action of deporting the petitioner to India in total negation of Human Rights and principles of law. In the passport, they made an endorsement of ‘NO ENTRY’.

The petitioner was not intimated about any grounds justifying such an endorsement. He was not given an opportunity to make any representation against making such an endorsement which would deprive him of his life and liberty as safeguarded under the Law.

The petitioner have been unsuccessful in getting a sanction to pursue remedies in India against the offending State of UAE (which is responsible vicariously for the crimes, torts and other illegal actions of its officials) due to a technical plea of the cause of action having arisen in UAE.

The Government of India, despite a Court directive of High Court of Delhi, did not take any effective action in the matter. Human Rights violation are unfortunately condoned and acquiesced in by the Government of India for other reasons. No justification can exist for ignoring violation of Human Rights – The Supreme Court of India has declared.

In this context the observation of Hillary Clinton on strength and money as essentials linked with Human Rights could be usefully extracted. They read:“Strength, Money, and Knowledge – we cannot do anything without them”.
 

                      View Case Summary Here:   Summary
                     
View Full Version Here:       Testimonials
                            View the Asset Details:       Asset Details
 


Responses from Authorities and personalities in the matter of
Mr. Jabir P.K.


Responses from our Website viewers   


   HUMAN TRAFFICKING       CAMEL KIDS       PRESS REPORTS       RESPONSES       


What others say...

"Law enforcement officials become criminals when they inflict or tolerate torture," said Whitson. "The UAE government needs to act now if it is to restore public confidence in the country's criminal justice system and to show that the rule of law, and not impunity for its violators, is the policy of the country." .... Sarah Leah Whitson.
 

Sarah Leah Whitson, Middle East director at Human Rights Watch
(UAE: Prosecute Torture by Royal Family Member)


"Can you imagine doing business in a society where your staff are at risk of being arrested, detained or exiled for no apparent reason? It is not rare, there have been numerous examples of late of business people being detained. Will expatriate staff be willing to stay? Can you afford to lose the investment in recruiting, training and developing individual local staff?".... Mary Robinson. 

Former United Nations High Commissioner for Human Rights 
(The Business Case for Human Rights)


'Possibly it is time to have a serious thought about certain countries having economic  or material leverage, but totally flouting some of the basic rights'.

Article: Human Rights - Expanding Horizons
By Justice K. Sukumaran


Ex-inmates of the Al Wathba Central prison have some startling stories to relate. They say that the Jail in Abu-Dhabi has 10 clandestine blocks where nearly 2,000 people from the Third World countries are being held like medieval slaves, mostly for crimes they had never committed....  

Prisoners of the Desert
  Published by THE SUNDAY PIONEER


The rule of law should be the foundation of all institutions; legal codes and administrative procedures should protect civil rights for all...

The Misery or Arab World !

The UNDP (United Nations Development Program) document


The UAE was one of the 19 countries in the world that the United States blacklisted for human trafficking. Boys from Pakistan, India, Bangladesh, and Sri Lanka have been trafficked to the United Arab Emirates to work as camel jockeys. Children as young as four have been trafficked and used as camel jockeys.

The Horrific Practice of Human Trafficking!




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