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The lawyer for a Quebec geologist who has been jailed in Dubai after allegedly uncovering fraud in a gold company says all the criminal cases against her client have been dropped. Radha Stirling says the cases against Andre Gauthier have been dismissed and both Sheikh Mohammed Al Maktoum, Dubai's ruler, and the country's attorney general have ordered he be let go. Nonetheless, Gauthier will likely have to remain in the country to answer the civil charges stemming from the same affair, which could take "months or years," Stirling said. "The last thing he wants to do is spend the next two years again in Dubai, on bail, waiting for these civil cases to be cancelled," she said in a phone interview from the United Kingdom. "He's an innocent person, this is taking up his life." The Gauthier family says Andre was a whistleblower who alerted authorities in the United Arab Emirates to irregular dealings in a gold-trading company, Gold AE. But they claim he became one of the scapegoats in the $30-million fraud after the real perpetrators left the country and the company's investors filed complaints against him, leading to his arrest in 2015. He was originally found guilty of 73 charges related to the fraud, according to Stirling's group, Detained in Dubai. Eleven were dismissed on appeal last December, however Gauthier remained jailed on what his lawyers called a "technicality," after the court claimed the other identical cases had not been appealed on time, Stirling said. Global Affairs Canada did not confirm whether the charges had been dropped, but said Ottawa was monitoring the case. "(Foreign Affairs) Minister Champagne is in touch with the Gauthier family and has raised the case directly with his counterpart," a spokeswoman wrote in an email. "The Minister, his office and officials from Global Affairs Canada continue to be in close touch with Mr. Gauthier's family and the Emirati government." Stirling said her client, who is in his 60s and originally comes from the Saguenay-Lac-St-Jean region north of Quebec City, is trying to keep his spirits up, despite the challenges he's facing. "He's been in prison for the past year," she said. "He's a survivor for sure, he maintains a good attitude for sure, but it gets a little bit trying when you know you have 80 cases against you." She said Gauthier is still jailed for now, but his legal team is investigating the process of releasing him. However, she said it's crucial the civil cases be dismissed on an expedited basis so he doesn't have to remain in Dubai, where he can't earn a living and faces the prospect of more daunting legal fees if he has to fight the cases one by one. "It is a problem with the judicial system, and it should be removed without him having to go through a lengthy process that will cost him a fortune," she said. She hopes the civil cases can be cancelled altogether, allowing Gauthier to reclaim his passport and join his family in Canada -- something that could theoretically be possible in a matter of weeks, she said. This report by The Canadian Press was first published June 10, 2020.

QUEBEC GEOLOGIST DETAINED IN DUBAI HAS BEEN ORDERED RELEASED, LAWYER SAYS

The lawyer for a Quebec geologist who has been jailed in Dubai after allegedly uncovering fraud in a gold company says all the criminal...

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Summary: Pilots and cabin crew faced employment culling with hundreds let go after coronavirus lockdown. Airline staff face imprisonment and Interpol Red Notices over credit cards, loans and mortgages accrued during their service in the UAE. “It’s like a repeat of 2009, only worse”, said Radha Stirling, CEO of Detained in Dubai. “Last time the economy took a huge hit, pilots and cabin crew were amongst those most affected. Airline staff are actively targeted by big banks in the UAE for easy credit and mortgages, but for many, accepting these offers quickly backfired and turned into a nightmare. “Dubai’s economy is fragile. Any world crisis is going to impact air travel and staff will be laid off promptly, especially in a country where tourism is a major economic contributor. The banks are aware of this, they’ve seen it time and time again, but they themselves get bailed out when they over expose themselves so there’s little incentive for them to be careful.” “To customers, they claim the loans are covered by insurance so it appears quite risk free. If they are made redundant, the bank’s insurance will cover the debt. Why not take out a loan then? Why not take out a mortgage? It seems like a good idea and especially if they end up with a place in the sun! “After the world economic crisis, customers were awoken to the brutal reality that the banks did not care if they were apparently covered by insurance or not. When a customer was laid off by their employer and subsequently pleaded with the bank for an empathetic payment break, they were met with hostile debt collection agencies like Tahseel, who were more than happy to push the defaults all the way to imprisonment which, in fact, is a swift process of only three months. Their thinking is that the threat of jail will sufficiently frighten any relatives who may be able to help the debtor prevent imprisonment. “Of course, the threat of imprisonment only works when the customer remains in the country. 2009 saw a mass exodus of expats, dumping their cars at airports and even abandoning their apartments and villas. The future was uncertain, there was going to be no work and they couldn’t pay their obligations. Whether they left because they were going to become homeless, or whether it was because they knew they could be jailed, the effect on the banks was mass defaults. “Those who remained in the country, gambled that they would find alternative employment before entering into default. It was a huge gamble and the economic impact of the cornonavirus lockdown has been predicted already to surpass the turmoil of 2009. Those who do choose to remain in the country, risk being travel banned over their financial obligations. Hundreds of expats have been travel banned in the UAE over bank debts and the problem is, their passports are confiscated, their visas expire and they have no legal permission to work. How is anyone going to repay a bank debt in this situation? They’re not! That’s why we have people like Jonathan Castle and Morag Koussa who have been stuck there for years upon years, separated from their families and at risk of homelessness. “The UAE needs to reassess their approach to financial default. While I understand that loose credit regulations leave the banks open to deliberate fraud, most people are genuine with their intent. Keeping them, effectively prisoners in the country, is detrimental to its growth. It forces expats to abandon ship at the first sign of an economic downturn and the threat of jail means they can’t return if they are offered a new job later. It leaves Dubai counting on fresh blood to keep the wheels in motion, a bit like a Ponzi scheme. Eventually it runs out of steam. “Expats don’t really feel longevity in Dubai, not when their security can be so easily ripped from beneath them at the click of a finger. This is something the UAE needs to work on if they want to attract leading talent on a longer term basis. “Airline staff have already been laid off, with many more expecting to be next in line. Just in the past few days, I’ve received calls and emails from cabin crew nervous about what will happen next. They know they won’t be able to meet their financial obligations and face being out of employment indefinitely and are seeking advice on whether they will be listed on Interpol’s database as a fugitive. The answer is likely yes. “Most business sectors are suffering from the worldwide coronavirus frenzy and prolonged lockdown and when they leave the UAE, and leave their mortgages, loans and credit cards, the banks will resort to secondary enforcement tactics. They’ve missed out on firing their primary weapon, that of jail, so will resort to their backup arsenal, harassment and the dreaded Interpol Red Notice; for pilots, this is a nightmare! “Over the past decade, we have worked on unbelievable cases of criminal harassment from the banks and their agents. The extent that they are willing to go to is unfathomable to most, often even from branches of major international banks that would never be able to get away with this behaviour from their Western branches. The banks have either themselves, or through debt collection agencies, systematically harassed customers, their families and their new employers, often causing their termination, something one might consider counter-productive to recovering any monies owed. Nevertheless, they do not want a reputation for weakness to be perpetuated over the world. “On occasion, banks have flown staff out to turn up in person and try to meet with a customer. Emirates NBD I recall, flew a manager to meet with an Emirates captain at an airport in Germany to discuss his mortgage. They wouldn’t negotiate a reduction in his payments and preferred to report him to Interpol’s database. Fortunately for him, he was not flying internationally at the time but was stunned when later, he became a simulator instructor in Madrid and one day, found himself in a Spanish police station wondering why on earth the policía were treating him like an international fugitive. Over a mortgage? Really? “In Italy, an Emirates flight attendant was arrested on the basis of an Interpol Red Notice in Rome. She was detained for several days and processed for extradition, as though she were a mafia boss. Unbelievably, it was for a small credit card debt. She was placed under house arrest in a hotel, paid for by her, while she endured a lengthy trial. Ultimately, the extradition request was denied. But did the banks really want her returned to Dubai? No, they wanted to harass her and use the Interpol arrest warrant to pressure her into payments she simply couldn’t afford. If she couldn’t afford it then, she certainly couldn’t afford it after being slammed with legal and hotel bills. She is now awaiting to be removed from Interpol’s database and ridiculously, was just last week, surrounded by eight Italian polizia at a hotel restaurant because the notice’s removal is still being processed. She was mortified, embarrassed and rightfully angry at the bank. We are now looking at legal action against the bank. It is time they are made accountable. “Interpol can take up to nine months or more to remove notices, and there are no checks and balances when a red notice is issued from the UAE. To fit in with their reporting rules, banks will change the category from “debt” to “fraud” to ensure their notice is listed. They are effectively using Interpol as their own free debt collection and harassment agent. We have made Interpol aware of abusive practices, but they are heavily funded by countries like the UAE and Qatar and currently have no disciplinary procedures in place for abusive member states. “I fully expect to see a repeat of the devastation caused in 2009 and have cautioned expats to vacate the country rather than risking being jailed or travel banned. It is important to be proactive in addressing debt but, keep in mind, that the banks can be sneaky and once in default, they are no longer your friend. Once employment is terminated, bank customers should leave very quickly, before the employer notifies the bank. The mere notification of employment termination has caused banks to unfairly and suddenly call in loans or issue travel bans. “Businesspeople are also advised that banks are prone to unfairly calling in loans, simply because they need to increase their cash reserves. This can cause businesses to default and travel bans be issued for the Directors. Finally, those who stayed behind in 2009 in hope of salvaging their businesses or mitigating their exposure to banks, put themselves at risk of imprisonment for bounced cheques or defaults. There was no consideration for their goodwill and intents taken into account when they were sent to jail. Be diligent, foresee the risks and resolve business and finance issues from the safety of your own country.” Detained in Dubai was founded in 2008, helping and advising people in financial and commercial matters, litigation, Interpol and extradition.

Emirates Airline layoffs leave pilots & cabin crew at risk of imprisonment or Interpol Red Notic

Summary: Pilots and cabin crew faced employment culling with hundreds let go after coronavirus lockdown. Airline staff face...

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A number of things have become clear over the past several days regarding the disappearance of Sheikha Latifa Al Maktoum. First of all, it is clear that she was who she said she was. Not only was this confirmed by endless individuals who know Latifa and were concerned about her safety; but also by the very fact that she was apparently apprehended BY the UAE in an extrajudicial raid on the yacht on which she was fleeing the country. Furthermore, she was traveling with her friend, Finnish citizen Tina Jauhiaien, who is known to have been a friend of the Sheikha for almost a decade; which was confirmed by Tina’s family and evidenced by records of correspondence via text messaging and photographs of the two together. There is no room for doubt regarding Latifa’s identity. This brings us to the next point that has been made clear; the yacht of Herve Jaubert, the American flagged Nostromo, was in fact illegally intercepted in international waters, boarded, and commandeered either by the UAE, by the Indian Coast Guard, or possibly by a Private Military Company hired by the UAE. The vessel was taken by force to a military base in Fujairah, and everyone on board was held captive until the subsequent release of Jaubert and Tina Jauhiaien; which also means that Latifa herself is almost certainly still being held against her will by the very government she was attempting to flee. There was absolutely no legal basis for stopping Nostromo, and no justification for holding its crew and passengers in custody. The release of the ship’s captain, Herve Jaubert, the release of Jauhiaien, and presumably the ship’s crew, clearly illustrate that even the UAE did not regard them as fugitives or otherwise guilty of any criminal activity that would potentially warrant the raid and seizure of the boat. As a ship sailing under the US flag, Jaubert’s yacht falls under American jurisdiction, and any act of aggression against it constitutes an act of aggression against the United States itself. This is a tremendously belligerent act, clearly committed for the sole purpose of apprehending Latifa Al Maktoum, in defiance of the UAE’s treaty obligations, in defiance of International Law, and in defiance of Maritime Law; committed by a supposed ally of the United States. This action requires a thorough investigation and a public explanation by the UAE. The action also appears to support the notion that Sheikha Latifa was neither lying nor embellishing when she made several serious allegations against her father, Sheikh Mohamed bin Rashid Al Maktoum, in a video she recorded prior to her escape from Dubai. Latifa said that she had no freedom in the UAE; she said that her sister, and that she herself, had been detained and tortured, forcibly drugged, on the orders of her father, for years at a time. Were these accusations baseless, Latifa would not have had to “escape” the UAE, but would have been free to travel as she pleased. And were these accusations baseless, the UAE would not have given priority to capturing Latifa to such an extent that they were willing to defy International Law to accomplish it. Obviously, the capturing and silencing of Sheikha Latifa mattered enough to the UAE that they did not hesitate to board and commandeer an American vessel, illegally detain a US citizen, a Finnish citizen and three Filipino citizens, if it was required in order to get Latifa in custody. This would hardly be the case if the Sheikha was not subject to restrictions on her movement, nor if she had no verifiable allegations against her father which could potentially see him criminally charged. Finally, it is abundantly clear that Herve Jaubert and Tina Jauhiaien were only granted release from UAE custody due to the attention this matter has drawn from the international media, including social media. The campaign by Detained in Dubai to raise alarm over the disappearances of Sheikha Latifa, Jaubert and Jauhiaien, undoubtedly caused the UAE to free Herve and Tina. Had there been no media attention, and had no one ever known what had occurred, it is likely that the American and Finn would still be held incommunicado, just as Latifa is now. There was a total media blackout in the UAE regarding this story, and even clumsy attempts to discredit the news when the Dubai Media Office republished old stories pertaining to a different Sheikha Latifa; apparently trying to imply that the missing Latifa had never left the UAE. Following the seizure of the Nostromo, and the subsequent release of Jaubert and Jauhiaien, the Emirates’ government controlled media launched an attack on Detained in Dubai in apparent retaliation for bringing attention to the story in the first place. Fortunately, the Dubai censors do not hold sway over the global press, and Detained in Dubai was successful in bringing the story of Latifa’s disappearance to the world stage. This series of events should make every western nation question the modern and liberal credentials of the United Arab Emirates, and indeed, question that country’s integrity as an ally. Detained in Dubai is proceeding with its efforts on behalf of Sheikha Latifa, who at this moment may well be experiencing a repeat of what she and her elder sister allegedly suffered after their previous escape attempts. Sheikha Latifa must be free to leave the UAE, free to seek asylum in the US or elsewhere, and free to tell her story, not only to the media, but to a court of law.

Illegal seizure of the US flagged yacht carrying Sheikha Latifa on bid for asylum must be answered

A number of things have become clear over the past several days regarding the disappearance of Sheikha Latifa Al Maktoum. First of all,...

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According to salary information released through WikiLeaks, journalists in the UAE are paid wages associated more with the Public Relations industry than with newspapers; and that makes sense. When you consider that the UAE ranks 119th out of 180 countries in an index of press freedom, according to Reporters Without Borders, it would seem that the primary function of media in the UAE is indeed, to serve as a government-sponsored propaganda operation. It is inconceivable; for instance, that a free press anywhere in the world would remain utterly silent about the disappearance of a member of the ruling family of the country; as the UAE media has done during recent weeks with regard to Sheikha Latifa Al Maktoum. Latifa’s harrowing video made before her “escape” from Dubai, leveling serious allegations against her father, Sheikh Mohamed bin Rashid Al Maktoum, ruler of Dubai and prime minister of the UAE; was published online and reported across the globe. Latifa subsequently went missing under suspicious and alarming circumstances, and this was also reported internationally. The UAE media not only did not report the story, they published old news pieces about a different Sheikha Latifa in an apparent attempt to deflect public attention from the events. Freedom House, one of the oldest monitors in the world of press freedom, states in their most recent report on the UAE, “censorship remained a central aspect of the government’s media policies… the Middle East Eye reported that authorities had blocked access to its website, which provides regional news coverage, including critical reporting on the UAE’s domestic and foreign policies.” Detained in Dubai’s website has been blocked by the UAE for years; preventing expats in the country from seeking legal assistance if they encounter difficulties or suffer unfair treatment, simply because the government does not want even accurate information published that may tarnish the country’s carefully constructed image as a modern, open society. Reporters who work in the UAE have confided to Detained in Dubai, on condition of anonymity, that they are severely restricted in what and how they report the news. "News is not something any UAE media has a say in. They can suggest stories to the Dubai Government Media Office and ask for approval. If it is approved, every word of the story will be censored to remove any hint of criticism about the UAE, its rulers or institutions’, said one journalist for a local UAE newspaper.” Radha Stirling, CEO of Detained in Dubai, says, “We see an increase in censorship and government control over the media over the past few years, not a decrease. The UAE Cybercrime laws, for example, seem designed specifically to crackdown on any news or commentary deemed to be negative to the UAE’s image. The complete blackout on coverage of Sheikha Latifa just underlines the degree to which the UAE media is under the complete control of the government. We anticipate that, following Detained in Dubai’s efforts to raise awareness of this story, reporters in the UAE, who work essentially as PR agents, will mount an effort to publish defamatory articles about our organisation. We have already learned that some reporters are manufacturing anti ‘Detained in Dubai’ and ‘Stirling Haigh’ stories in retaliation to our public assistance of six human beings who went missing. But the very fact that they can perform investigative journalism against us, but not in the matter of the daughter of the ruler of Dubai, who alleged that she had been tortured, and who went missing, and whose case was reported across the world; in and of itself evidences the fact that the media in UAE operate fundamentally as a propaganda wing of the government. UAE Cybercrime Laws were so vaguely drafted, perhaps deliberately so, that their application is unpredictable. In detail, the law even provides for prosecution of ‘crimes’ that occurred outside of the country, before its enactment. This means in essence, someone could be convicted for sharing a facebook post in another country, years before they ever visited the Emirates.” David Haigh said “The UAEs approach to freedom of speech and its cybercrime law breaches numerous international human rights and free speech laws. The UAE attempts to position itself as a free, liberal and tolerant society but the reality sees the UAE jailing its owns citizens, expats and tourists for even a tweet of 140 characters of criticism, or for taking a picture of a flooded road, or a fire. The ease at which the cybercrime law can be misused by the unscrupulous is clear. In my own case I was jailed for 5 months accused of breaching it, until I was ultimately acquitted two years ago this week. During that jailing my opponents, sought to file civil cases after civil case that I could not defend. Dubai was being used as a corporate jail – the world’s first corporate jail. The United Nations working group of the Universal Periodic Review (UPR) met on the earlier this year to review the human rights record of the United Arab Emirates (UAE). This review saw hundreds of countries including the USA, criticise the UAE for its lack of freedom of speech and lack of a free civil and political society. Those are the facts and no amount of UAE media spin can change them”. UAE authorities were notified of Sheikha Latifa's status as missing, days before it was publicly reported. Detained in Dubai sought information as to their safety or in the event the UAE was concerned for their safety, had offered to assist authorities. The UAE did not respond. Detained in Dubai was blocked by @DXB (Dubai Media Office) over its reporting of Sheikha Latifa's disappearance.

UAE Media, Censorship and Propaganda discussed after disappearance of Sheikha Latifa & internati

According to salary information released through WikiLeaks, journalists in the UAE are paid wages associated more with the Public...

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Statement of Radha Stirling , founder of London based NGO Detained in Dubai who have recently surpassed their ten year anniversary: "Middle Eastern travel, investment and expat hotspot Dubai has been intently campaigning for British nationals to come to the emirate. With major public relations investment, the United Arab Emirates has become a popular destination. But, despite its international image as the “Las Vegas” of the Middle East, when we sift through the propaganda and glossy brochures, we see a country that remains seriously risky for unsuspecting foreigners. According to recent analysis, The UAE remains, on a percentage scale, the most likely country for British nationals to be detained in. Recent high profile cases like that of Jamie Harron and Billy Barclay , have highlighted in the mainstream media, just how easy it is for citizens to experience the darker side of Dubai. A number of cases have also highlighted the mistreatment of women, some of whom have been arrested for “sex outside marriage” after reporting their own rapes (see: Roxanne Hillier , Alicia Gali ). Expats are being jailed when their employment is terminated because of small credit card debts, and businesspeople and investors have been wrongfully jailed as a means to steal their investments or to shift blame from local business partners' misappropriation of company assets (see: Marcus Lee , Mohammad Haddad etc.). While on the surface, the country has a constitution, legislation and rules of law, the reality is that these are not adhered to. British nationals have been detained without charge for durations in excess of one year and abused while in detention. Countless reports of torture, abuse and human rights violations have been reported and some victims have sued rulers in other jurisdictions while others like David Haigh, have applied to the United Nations for rulings on their own complaints of torture. Lee Bradley Brown , a British national, died in police custody with allegations of police brutality, with the UAE declining to cooperate with investigative requests from English courts. English and Scottish courts refuse to extradite citizens to the UAE on the basis of 'the real risk of human rights violations, torture and unfair trials'. London is called the 'eighth emirate' and the UK has substantial financial, trade, investment, economic and political alliances with the UAE but reports on the mistreatment of British nationals can no longer be ignored in favour of such ties. If the English courts have ruled that the UAE would fail to provide fair trials, would violate the human rights of British nationals and would torture citizens, the country can no longer be considered a safe place to visit, reside in or invest in. Very serious allegations have been made against the ruler of Dubai just in the past few days, by none other than his own daughter, and subsequently, that daughter fled the country, and has now disappeared after reporting gunshots off the coast of Goa (see: Dubai princess Sheikha Latifa and friend mysteriously go missing off Goa coast after posting chilling YouTube video ).There is a complaint at the UN and a call for an international investigation. All of this has ramifications on the political and economic future of Dubai, which has been led by Sheikh Mohammed for many years. The fallout of this story has the potential to deeply damage his position in the international community, and as the ruler of the emirate, unless proven to be false by an independent investigation. When you see members of the next generation of the ruling family fleeing the country, that does not bode well for the future." Video released after Sheikha Latifa's disappearance UAE Criminal and Civil Justice Specialists. Contact us: press@detainedindubai.org (t) 0207 060 6900

Safety of Visiting Dubai Under Question

Statement of Radha Stirling, founder of London based NGO Detained in Dubai who have recently surpassed their ten year anniversary:...

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The UAE government is continuing to misuse Interpol as an instrument for debt collection, despite recent reports that they had ceased to do so. Debt issues, unless they involve instances of deliberate fraud, do not generally fall within Interpol's mandate, and the Emirates has been strongly criticised in the past for irresponsibly reporting debtors to the international policing agency in violation of protocol. "We just received confirmation from a new client that he was put on Interpol for debt and it was only removed once he repaid the bank" says Radha Stirling, Director of Detained in Dubai ."It was for only approximately 100,000 AED”. It has become a common practice for prominent Emiratis to file retaliatory criminal cases and to use Interpol against anyone who may initiate civil action is initiated against them. Because the UAE has become infamous for its liberal use of Interpol, countries are taking their Red Notices less seriously and allowing people to travel without being arrested. This includes the USA, India, many European countries, Hong Kong and a number of other popular destinations. However, any individual reported to Interpol is still at risk when traveling abroad, as it is up to the discretion of local authorities whether or not to enforce a Red Notice. "We have dealt with a number of Interpol Red Notices this year," Stirling explains. "The number of cases has increased approximately 20% every year since the Arabian business article of 2012 (http://www.arabianbusiness.com/uae-drops-interpol-alerts-against-debt-skippers--451671.html) which reported that the UAE no longer sends debt cases to Interpol. So, not only are they still doing it, but the practice has morphed into a tactic for retaliating against civil suits, and that seems to be why it is becoming more frequent. Listing parties on Interpol and taking UAE criminal action (rather than civil) prevents the complainant from pursuing their UAE civil actions effectively, thereby denying them civil justice”. Although it is common knowledge that UAE Red Notices are often frivolous, several cases have lead to arrests, even if the detention is only temporary (3 hours to 3 weeks). In some cases formal extradition proceedings have been taken. Detained in Dubai has provided expert testimony in many such instances, which has consistently resulted in extradition to the UAE being denied by the requested countries. The UAE's Interpol Red Notice reports are no longer listed on the Interpol website so the public has no way of knowing how many are active. Previously, the UAE was one of the most active users per head of population. The UAE has been largely unsuccessful in their extradition applications but still has not sought to improve their request process. The UK Courts encouraged the UAE to provide more information in respect of their human rights records but the UAE has failed to do so in subsequent cases. This unwillingness to conform to evidentiary standards further indicates that the extradition requests are primarily used as pressure tactics, and are not motivated by a genuine desire for parties to be extradited. It appears that the UAE government undertakes these procedures to appease local citizens who are seeking to combat civil cases made against them, this is particularly true where they are locals in positions of power, or are members of prominent families. Human Rights groups such as Amnesty International and Fair Trials International have been lobbying the issue of Interpol Abuse, and Interpol is going to have to address this matter sooner rather than later. Currently, Interpol is not liable for publishing Red Notices, and the victim of Interpol abuse is left no recourse for their suffering, which is grave. We hope that the UAE will establish a review body to assess whether an Interpol notice should be issued, particularly to analyse whether the matter is of a civil nature and has been deliberately criminalised for personal reasons. We further encourage Interpol itself to have an internal review body to assess this commonly abused pattern. Before any of these changes are made, we expect to see an increase of Interpol Red Notices and extradition requests, in line with the past 5 years.

UAE Interpol Abuse Increased, Not Ceased - Emirates Expanding Use of Interpol as Retaliatory Tactic

The UAE government is continuing to misuse Interpol as an instrument for debt collection, despite recent reports that they had ceased to...

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The issue of access to justice has long been a struggle to achieve, given that access to justice can also have negative results. On the one hand, we should have the right to take a civil claim against another party whether we can afford it or not. On the other hand, if it were too easy to make a claim, this would leave people open to abuse, by way of frivolous actions. Often when someone (person or company) has a claim, it is because they have not been paid for a product or service that they have provided. Sometimes, it is a partnership dispute, employment dispute or company dispute and usually the claimant (or victim) is out of pocket. To recover funds that are owed, they will need to take action through the civil courts which can prove cost prohibitive. If someone wanted to take a civil action in the Court of First Instance, they would need to put down a court fee. The current amount required is 7.5% of the value of the claim (though capped at 30,000 Dirhams). This is only the start; legal fees can amount to 100,000 Dirhams (or more) over the course of proceedings and often there is a requirement for a forensic accountant or expert witness. When a Claimant has already lost money, the 100,000 Dirhams or so (GBP 20,000) can prevent them from seeking justice; all they can do is walk away. While on rare occasions, law firms may take on a case on a contingency fee basis (no win, no fee), they often lose interest over time. We have seen time and time again, that the costs involved in seeking justice can be prohibitive to people who genuinely have a claim, leaving the defendants open to continue to commit these tortious wrongs to others. In knowing this, defendants often refuse alternative dispute resolution, mediation or private negotiations, especially when they are aware of the claimant´s limited financial capabilities. In many cases where someone has managed to fund a civil suit, the defendant makes a counter claim in order to complicate the matter; and as a means to negotiate with the claimant that both parties drop their suits entirely. Counter claims have been used as a form of blackmail, and have been quite successful. Given the number of injustices we have been witness to, we endeavour to establish a fund to seek retribution and civil justice in certain cases. We hope that in helping to make justice more accessible, tortious wrongs will be reduced. In turn, positive changes in retribution will encourage contracts and agreements to be adhered to and thus, will in the future, make doing business in the UAE safer for all and less open to abuse.

Access to Civil Justice in the UAE - How justice is being denied, how we plan to help and how we hop

The issue of access to justice has long been a struggle to achieve, given that access to justice can also have negative results. On the...

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So, you're on holiday in the UAE, seeing the sights; the beach, Burj Khalifah, your plush hotel cafe...and, naturally, you want to take some selfies. Fill your friends on Facebook and Instagram with envy, right? Unfortunately, even this has become a risky issue in the UAE. You're going to need to take that selfie in a secluded corner of the cafe, or visit Jumeirah Beach at about 5 o'clock in the morning if you want a selfie that includes the sea and sand;because it is a criminal offence in the UAE if your selfie even accidentally contains the image of a stranger in the background. "You could find yourself taking a mugshot for taking a selfie." In the UAE, people meandering about in public places still have a right to privacy, and taking their picture (accidentally or deliberately) without their consent is a violation of that right. Now, obviously, this is a law that is going to be breached every day; indeed, thousands, if not millions of times a day. It is impossible to enforce consistently; but random enforcement is not a protection. All that needs to happen is a complaint. Your phone will be searched, and who knows what the police might find in your photo gallery that violates other UAE laws, in addition to the objectionable picture of someone in the background while you blew kisses from the top of Burj Khalifah? Selfies of you kissing your partner? Selfies of you drinking alcohol in public? You get the idea. It is conceivable that anyone for any reason could register a complaint against you with the police, claiming that you snapped their picture without permission; they could even deliberately position themselves in your shot precisely to make a complaint against you; and this could lead to a wide array of possible charges. So, if you want to document your time in the UAE, we suggest you just buy a postcard. See: The National´s Report: UAE legal Q&As: What are the laws surrounding ‘selfies’?

Jail for Selfies: Privacy Law in the UAE

So, you're on holiday in the UAE, seeing the sights; the beach, Burj Khalifah, your plush hotel cafe...and, naturally, you want to take...

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We have received five enquiries this year from people who have been requested to send funds to a lawyer because their partner has been arrested in Dubai. The fraud usually involves a few planned stages: 1. An intimate but remote relationship is established with the potential victim, men often posting as US Military personnel. We have seen both men and women being targeted; 2. There is a promise of marriage or intention to live together and a serious commitment made; 3. The conman is then fictitiously arrested, usually en route to see the victim (actually, they are still in a warehouse office, somewhere in the world, working their part in the next scam); 4. The victim receives a message from either the Dubai Police, Dubai Customs or a senior advocate explaining that the partner has been arrested and they will need to send funds for the legal fees. So far this year, five people have approached us to ask if we can check on the legitimacy of these requests, though this probably represents only a small percentage of the actual frauds taking place in this particular format. International con artists have seen that arrests and detentions in Dubai are a common and therefore makes a believable story. Nigeria has been extremely successful at defrauding the world, receiving over 12 billion a year in revenues from scams like these! 190 Billion is lost every year to fraud in general. We advise as follows: 1. You will not receive correspondence from the police or customs as displayed in the photo above; 2. If you doubt a loved one has been arrested, request their Embassy to confirm; 3. Never send funds abroad without exercising due diligence. Certainly socially, it is necessary that we recognise and address this growing problem and create fraud awareness social campaigns that could help prevent fraud in all of its forms. Diligence is absolutely necessary and we encourage people to contact us if they feel any doubt.

Beware of money requests for lawyers from Dubai. Scams using a Dubai Jail format

We have received five enquiries this year from people who have been requested to send funds to a lawyer because their partner has been...

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Prison sentences for bounced cheques have been a hot topic in the UAE media over the years. The practice of holding cheques as security is akin to holding a prison sentence over someone´s head. David Haye, former heavyweight champion of the world, will fight next week in London after his bounced cheque related arrest in the UAE was resolved.... Landlords have requested post dated cheques for 12 months rent (or more) and so an unexpected loss of employment has lead to prison terms. In spite of the sanctions, most people need to write cheques for funds that they anticipate to have in their account in order to function normally in the UAE. It is practically impossible to avoid writing security cheques though we are increasing hearing stories from farsighted expats who have begun to fight back by only agreeing to contracts that do not require security cheques. We advise others to follow suit. If culturally, there were changes to the popular practice of requesting “security cheques”, it would be rarer for a cheque to bounce because the author would be paying with funds he knows to be immediately available. It seems that the law was originally enacted to prevent true fraud. One would hope that the Legislators did not envisage or anticipate that in practice, the system of “security cheques” would develop as a direct result of this law and its sanctions. Conceivably, they were simply foreseeing someone buying a table, writing a cheque and perhaps intentionally disappearing, thereby thieving. People who sign company cheques are personally liable if the cheque bounces solely because their personal signature was on the cheque. Sometimes, the liability as fallen on an accountant, secretary or office manager who has been instructed by their superior. In some cases, the "boss" has deliberately added a subordinate as a signatory of the bank accounts to protect himself from liability. In other cases, foreign business partners have been personally liable for a company´s bounced cheques even though the sponsor essentially embezzled funds from the bank account without his partner´s knowledge. This has resulted in only the partner of the company being charged while the other officers remain immune. The other side effect of criminalising bounced cheques is that the passport will be confiscated, leading to loss of employment or the inability to gain new employment, thus causing further complication and potential criminal charges. A very important practice that has been the instigating reason behind leaving the UAE for many workers in high paying positions, is for banks to request a cheque be written to the bank for the entire cost of the mortgage that they have been given for a property. This means that someone might write a cheque to a bank for US$1.5 million, even though they clearly do not have these funds. In the event that at any point over the next thirty years, they go into default, the bank will present the cheque and they will be jailed. Following the 2009 economy crash, expat pilots, directors and executives fled their negative equity properties. The proposed bankruptcy laws and decriminalisation of bounced checks will have a tremendous impact on general operations in the UAE. The populace will need to establish new methods of operation where security needs to be provided and “find their feet”. Bank Responses... Mashreq bank´s CEO spoke to Arabian Business Magazine about his concerns that the number of bounced cheques will rise. He went on to say that the government should not be too concerned about the very few cheques that bounce, being approximately 4%. That 4% though amounts to approximately 1.28 million cheques and therefore 1.28 million potential inmates every year. Radha Stirling, CEO at Detained in Dubai stated “As HSBC´s CEO famously said “jailing works for recouping debt”….. Banks enjoy having the ability to jail their customers, and debt collectors love to threaten it." In the world of business, the Directors of a company would be jointly liable for business debts, although it does not eliminate the possibility of liability for one party as other crimes such as “breach of trust” or “fraud” may be applied instead. Security cheques may still exist, though will likely be of less perceived value. Ultimately though, a bounced cheque still results in consequences including bankruptcy or impacting one´s credit profile and potential civil lawsuits. If there was any misconduct or fraudulence involved, the matter would still be dealt with criminally. We expect to see: Civil Courts becoming more popular to claim funds; Financial crime convicted prison population to reduce substantially; Potential release of previously convicted parties; Police & prosecution workload to be reduced; Charges related to breach of trust and fraud will increase; Reduction in expats fleeing the UAE; Increase in the return of expats that fled; Increase in risk taking, entrepreneurial ventures, loan applications etc; Reduction in bank risk taking, increased due diligence and use of credit databases; Increased practice of repossession; Increased use of International Collection Agencies, to claim overseas assets. Although the new laws (if they are realised) will offer some protection, people should be aware that the culture of jailing for financial or business related disputes will not simply vanish, but the format will change. We have been intimately involved with resolving bounced cheque cases over the years. Where the charges have been in relation to business transactions, real estate, trader or commerce, without the bounced cheque laws, the applicant would have simply amended his report to claim breach of trust or fraud. New investors, business owners, workers and residents will still need to be cautious of this deep rooted cultural habit. To be continued...

UAE Bankruptcy Law Proposals & the decriminalisation of bounced cheques. Will it happen and will

Prison sentences for bounced cheques have been a hot topic in the UAE media over the years. The practice of holding cheques as security...

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We are contacted relentlessly by people who are concerned that they may be listed on the gulf region´s version of Interpol, GCCPol, headed up in Abu Dhabi. GCCPol is used by authorities in the gulf to locate parties who are wanted within the gulf region. A lot of wanted persons have pending cases covering crimes such as fraud, breach of trust, embezzlement, bounced cheques and commonly, bank debts and mortgage defaults. Most queries that we receive arise from expatriates who have lived and worked in the UAE and have needed to leave the country in order to avoid being imprisoned for debts or other financial crimes. Most have good intentions and wish to repay their debts or negotiate settlements with the claimant or institution but need to work to be able to fulfil their obligations. Having left the UAE, there are other opportunities within the gulf in countries such as Bahrain, Qatar & Saudi Arabia. Continuing employment in the middle east will allow them to resolve their issues in the UAE faster but are they at risk of extradition? Firstly, it is important to know whether one is listed on the GCCPol prior to travel so as to be prepared for delays and the possibility of requiring legal assistance. Approximately 40% of our clients discover that their name is active on GCCPol. However, the ramifications for most clients are minimal. The UAE has not been overly active in seeking extraditions. Wanted persons are often delayed at borders when arriving or departing, requiring to explain to authorities what the notice is in reference to. Employers can search the database and may decide not to proceed with visa applications. Qatar has clearly not taken UAE reports very seriously and usually only causes delays at the airports. In one case, the UAE requested extradition from Qatar but the Qatari airport authorities declined on the spot and let the British national through without retaining his passport. Notwithstanding the foregoing, if one is listed on GCCPol, gulf authorities will be aware of the warrant and there is always the possibility that the UAE could push for extradition. Even though the UAE has not been very aggressive with their pursuits, this could change at any time. If a gulf member country allows the extradition request to be heard, one could be subjected to lengthy and costly legal proceedings and there is no assurance that bail will be approved. We always advise clients to perform a check to see whether they are listed on GCCPol in advance of travel. If they are, we can prepare and advise them in respect of methods that can be employed to reduce their risk of apprehension. Where possible, we always strive to resolve the issues from within the UAE so that the risks are not just mitigated, but eliminated.

The implications of a “GCCPol” listing: Living as a "wanted person" in the gulf...

We are contacted relentlessly by people who are concerned that they may be listed on the gulf region´s version of Interpol, GCCPol,...

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One of the main ways a government can prove its commitment to Human Rights and the Rule of Law, is by providing independent avenues for redress of grievances; even if that simply means keeping informational channels open for people to find resources for support. It has come to our attention that the government of the United Arab Emirates has blocked access to the Detained in Dubai website within the country, and has even blocked the website of my private legal practice. This is a severely reactionary measure, and indicates a very negative direction for the UAE. No government, no legal process, is without flaws. Irregularities, mistakes, and violations can occur under any system. And as long as that system allows for scrutiny, criticism, and intervention, we can treat these occurrences as aberrations which both those within and outside of the system hope to correct and prevent. However, when the government takes steps to limit critique, hinder intervention, and block the avenues of support for those who have suffered when irregularities occur, it begins to appear that we are not talking about aberrations anymore, but systemic practices which the government actually aims to uphold in defiance of criticism. Detained in Dubai has been not only a valuable source of information for expats in the UAE; helping them understand the society and culture of the Emirates and their legal rights within the UAE legal system; it has in fact, provided vital support for detainees who do not have anywhere else to turn to for advice, advocacy, and intervention. Blocking the website closes the door to this resource for the family and loved ones of detainees living in the UAE. Now, when a prisoner's desperate relative living in the Emirates searches online for legal help, they will only find local lawyers and government-controlled Human Rights organisations, people and institutions deeply connected to, and invested in, the very system they feel is violating their loved one's rights, freedom, and safety. Blocking the website of my private practice, which specialises in UAE law, but which is by no means dedicated to UAE issues, further restricts residents in the Emirates from accessing qualified, independent legal advice and representation. All of the work of Detained in Dubai is focused on preventing abuse and wrongful detention, and ensuring that the rights of accused persons in the UAE are upheld; it is fundamentally a tool for improving legal standards and practices in the Emirates. If the UAE government shares the dedication to these priorities, blocking access to our websites certainly indicates otherwise.

Radha Stirling´s professional website banned in the UAE

One of the main ways a government can prove its commitment to Human Rights and the Rule of Law, is by providing independent avenues for...

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