United Arab Emirates: real risk of torture and flagrantly unfair trial bars extradition

02.12.16 | |

 

An extradition request issued by the government of the United Arab Emirates (Dubai) to try a man for fraud has been soundly rejected on fundamental human rights grounds.

 

Represented by Malcolm Hawkes, the court agreed that the elderly and infirm requested person would be at real risk of being subjected to torture and ill-treatment in custody in that country, and that any trial would be so flagrantly unfair, it would be a nullity of the right to a fair trial.

 

The requested person was alleged to have personally given a business associate a cheque which later ‘bounced’ for lack of funds. However, he was not even in Dubai on the alleged date and had a strong alibi defence. The request not only failed to establish criminal conduct at all, it did not even establish a prima facie case to answer.

 

In UAE v AJ, Malcolm was instructed by Tabassum Nagi of Shah Law Chambers

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