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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.
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”.
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