Category: news

Stirling Haigh UAE Criminal Law Advisory, tell parents they are at risk of getting arrested if they visit the charged scot

Jamie Harron, 27, has been stuck in Dubai following allegations of touching a German businessman in a crowded bar in July. He is facing three years in a UAE prison if found guilty when he appears in court. His parents, from Stirling, Scotland, now want to visit their son in Dubai but have been warned they could be jailed for speaking out against the government. Radha Stirling, managing partner of StirlingHaigh who is representing Mr Harron, has advised them they are at risk of being charged under the UAE’s Cybercrime Laws. Ms Stirling said: “Jamie’s parents want to visit him during this difficult time. “I have advised them that they are at risk of being charged under the UAE’s Cybercrime Laws for speaking negatively about the regime and that the coverage of this case should offer them some protection.

“But technically, they could be jailed for this crime.” Criticising the UAE government, companies or individuals, or related to incidents in the UAE may be considered a crime punishable under UAE law. And there have been cases of individuals being detained, prosecuted and convicted.

Forbes, Ellie. “Parents Face Jail for Visiting Scot Charged in Dubai.” News, The Scotsman, 18 Oct. 2017, www.scotsman.com/news/parents-face-jail-for-visiting-scot-charged-in-dubai-1-4590435.

Stirling Haigh are preparing a class action against UK government

.Detained in Dubai, a non-profit organisation and StirlingHaigh  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 travelling 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 in Dubai say have suffered legal abuse abroad, have been reviewed by Radha Stirling, CEO of Detained in Dubai and managing partner at Stirling Haigh, and the Queen’s Counsel. Statements so far, say the non-profit organisation, have included everything from small debt cases, wrongful arrest, false imprisonment and detention without charges, to large commercial cases.
Detained in Dubai 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 in Dubai.

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

Stirling Haigh helps 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 travelled 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.”

The charity Detained in Dubai, and law firm Stirling 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.

Radha Stirling, of Detained in Dubai, and managing partner of Stirling Haigh, who represented 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 criticised 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. The government over there only started helping me last night because of Radha Stirling’s work.

“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.

Stirling Haigh assisting Jamil Ahmed Mukadam after arrest for road rage.

A British IT worker says he faces a possible six-month term in a Dubai prison for sticking his middle finger up at another driver during a road now 

Jamil Ahmed Mukadam, 23, made the rude gesture as he made his way to the airport in a hire car after a holiday in the Gulf state with his wife in February.

When he returned to the oil-rich emirate on 10 September he was arrested at immigration control and initially held in a police cell with criminals including rapists and murderers, he told The Sun.

He told the newspaper: “It’s the kind of thing that happens in England all the time. You don’t go to jail for it.

“When I came back last week for a holiday with my wife I went through passport control in Dubai and when they took a scan it started beeping loudly.

“Within seconds I was surrounded by police and taken off to jail.”

​Radha Stirling of law firm Stirling Haigh, who is assisting Mr Mukadam via the Detained in Dubai organisation, told The Sun offensive or insulting behaviour was illegal there.

She added: “We have dealt with a number of cases where traffic frustration has led to detention.

“We caution visitors and expats that they could face criminal charges for behaviour that would be common in their own countries.

“We hope that the courts in Dubai are lenient with their sentencing and issue a fine at worst.”

Mr Mukadam is the latest Briton to fall foul of the law in Dubai.

In May 2011 top UK surgeon Joseph Nunoo-Mensah was detained in Dubai after being accused of a making a rude gesture at another driver through the window of his car.

The consultant colorectal surgeon at King’s College Hospital – who said he merely raised his hand – had his passport confiscated when he was charged with “public indecency”. He was later released after paying a fine.

She added: “We have dealt with a number of cases where traffic frustration has led to detention.

“We caution visitors and expats that they could face criminal charges for behaviour that would be common in their own countries.

“We hope that the courts in Dubai are lenient with their sentencing and issue a fine at worst.”

Mr Mukadam is the latest Briton to fall foul of the law in Dubai.

In May 2011 top UK surgeon Joseph Nunoo-Mensah was detained in Dubai after being accused of a making a rude gesture at another driver through the window of his car.

The consultant colorectal surgeon at King’s College Hospital – who said he merely raised his hand – had his passport confiscated when he was charged with “public indecency”. He was later released after paying a fine

angencies, Staff and. “British IT Worker ‘Facing Six Months in Prison’ in Dubai for Giving Fellow Driver the Finger.” The Independent, Independent Digital News and Media, 21 Sept. 2017, www.independent.co.uk/news/world/middle-east/british-driver-jail-swearing-road-rage-dubai-jamil-ahmed-mukadam-uae-a7958511.html.

Stirling Haigh Criminal Law Advisory helps secure the release of Abu Dhabi Transgender pair

 

A transgender Singaporean and her friend facing a year in prison in the United Arab Emirates for dressing in a feminine way have seen their sentences reduced to a fine and deportation, an official said Monday.

Nur Qistina Fitriah Ibrahim, a transgender woman who has not undergone a sex-change operation, and her friend, freelance fashion photographer Muhammad Fadli Bin Abdul Rahman, will pay a fine of 10,000 dirhams – about $2,270 – and be immediately deported, the official said.

A separate report on Monday in The National, a state-linked newspaper in Abu Dhabi, quoted an unnamed official as also saying the two would merely face a fine and deportation.

Their families and the Singaporean Embassy in Abu Dhabi declined to comment.

The two Singaporeans were arrested in Abu Dhabi, the oil-rich capital of the United Arab Emirates, on Aug. 9. Police stopped them at Yas Mall as they tried to eat at a food court, said Radha Stirling, CEO of the advocacy group Detained in Dubai, and managing partner of StirlingHaigh

Abu Dhabi advertises itself as a tourism destination and is home to the long-haul air carrier Etihad Airways. However, the emirate bordering Saudi Arabia is more conservative than Dubai, the UAE’s commercial heart.

Even trips to Dubai can pose risks to LGBT travelers and others as laws sometimes contradict social attitudes.

Alcohol possession for foreigners is technically illegal without a government-issued license obtainable only after gaining their employer’s permission, though liquor and beer is widely available in bars and clubs in both cities. Foreigners also have faced charges in the past for having sex outside of marriage.

Press, Associated. “UAE Prison Time Dropped for Transgender Singaporean, Friend.” Daily Mail Online, Associated Newspapers, 28 Aug. 2017, www.dailymail.co.uk/wires/ap/article-4829258/UAE-prison-time-dropped-transgender-Singaporean-friend.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.

Radha Stirling managing partner of StirlingHaigh and founder and CEO of not-for-profit organisation Detained in Dubai 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 judgement, which will be on Sept 4.

 David Haigh of UAE legal advisory firm Stirling Haigh called for 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-womens-clothes-public/.