Foreign & Commonwealth Office under fire for failing to enforce their Treaty with the UAE to protect British Nationals

UK victims of legal abuse, corruption and arbitrary detention are fed up with the UK FCO’s reluctance to act in the interests of their own nationals. In instances where the UAE breaches their Treaty with the UK, a Treaty that provides for certain judicial protections such as access to civil courts, the British government has a responsibility and duty of care to intervene.

In the case of Haddad, the FCO did not intervene when he was denied access to civil justice. His case involved several tiers of legal abuse and corruption, lead by Habib Al Mulla, the Chairman of the Dubai International Arbitration Centre (DIAC) and Baker and McKenzie. He unlawfully represented both parties in civil proceedings, without authorisation and without a power of attorney. The purpose was to misappropriate 250 million pounds worth of shareholdings in a jointly owned company. The British government was made aware of the case during proceedings but failed to act to prevent the injustice. Turning a blind eye to the rights of citizens in favour of mutually beneficial trade agreements is a failure in their legal obligations. And, this is not the only example.

British lawyers David Haigh, Ben Cooper and Radha Stirling successfully lobbied the British and Irish Commercial Bar Association to cancel their joint seminar with DIAC, which was intended to promote Dubai as an International Arbitration Centre. The event was “postponed”.

Radha Stirling, founder of Detained in Dubai said "The UK legal community can not support the UAE in any way while legal abuse, corruption and arbitrary detentions remain commonplace." David Haigh, Solicitor and former MD of Leeds United has taken the campaign to Twitter where he has lobbied the UK Law Society and other relevant legal bodies who are supporting these legal abuses.

Ben Cooper, a prominent extradition barrister from Doughty Street Chambers said "The UAE needs to address and remedy judicial failings before it should be considered as a possible legal jurisdiction of choice”.

Legal abuse and wrongful detentions are so common that the FCO has turned a blind eye to them. Many of them arise from civil complaints from parties with a vested interest. The UAE has no burden of proof requirement on the prosecution or complainant. Nico Consari, a British National was accused of embezzling from a company that he did not even work for or have access to. There was no evidence of any embezzlement and Nico has been entirely cooperative in presenting his evidence for review. He is languishing in the notorious Bur Dubai Police station where Lee Bradley Brown, another British National, died in custody after reports of human rights violations. Nico Consari’s case unfortunately, is typical of the way that anyone can be treated in the UAE. He has been in custody without Trial for over 13 months now. There is no evidence of any crime having been committed and he is not a risk to the public in any way. How can the UK government not intervene in cases like this? Nico Consari should be freed immediately or prosecuted. He should not be arbitrarily detained for over one year based on the frivolous accusations of another individual party who holds no evidence.

Detained in Dubai submitted to the FCO that they increase their travel warnings to include the risk of arbitrary detention and legal abuse. Common violations include false accusations that lead to imprisonment with no evidence, particularly where one party holds a vested interest or ulterior motive. Once a finger has been pointed, justice can be rendered completely unavailable. The FCO declined in the first instance, but the organisation will be pushing further. Radha Stirling said “The issue is so widespread and the Foreign office needs to acknowledge and advise citizens of the risks accordingly. Many of our clients were completely unaware that arbitrary detention and legal abuse could affect them. The FCO owes a duty of care to its own citizens and is very aware of legal abuse in the UAE”.

Respected members of the legal profession appalled that the UK is essentially supporting these violations against British Nationals and are calling on professional associations and governments to essentially boycott Dubai until these failings are addressed, not ignored.

Further, a group of British citizens who have been victims of injustice in the UAE are forming to pressure the UK government to make demands of the UAE and are working with lawyers to take actions against the UAE. What is clear is that the UK will need to address the concerns of nationals as they become more vocal about judicial abuse or face legal retaliation.

Stirling & Haigh are calling on the UK government to intervene in the detention of Nico Consari as an urgent priority.

Source: https://plus.google.com/100164769152865627348/posts/VbnLpQYe9KR