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http://www.7days.ae/2006/08/17/i-was-innocent.html

so preposterous how laws work in UAE. having modern infrastructure but primitive laws

Yes, I read that - appalling!

I hope now all those involved go and rot in prison.

*clicks on topic title*

Same old, same old...

*closes window*


Seriously after a while you find so many examples of lack of justice in some countries that you're not even surprised anymore. Sad...

Seriously we should not just "get used" to this kind of things, it has to be corrected and ensured it never happens again.

How it is to be solved, I have no idea. But discussing about this sh!t would make more people informed and thus will be more careful in their ways.

What about this?

An Overseas Citizen Protection Act..

Perhaps states that have a large number of overseas citizens could enact laws to protect them from rogue and random pseudo-legal persecution by states where the rule of law is subject to bias and general malice against legally resident foreigners.

I am not talking about disrespect for the laws of the country that you are resident in or placing people above the law. I mean that when a citizen of say Homecountry is subject to legal action in a third country lets say he is imprisoned and not offered a trial or is not treated as a in the same way as a local (and within accepted norms) and that no effective redress is available in the local legal system within a reasonable time he should be able to use the criminal law in his own country to go after the persons in question even if they are acting on behalf of a state?

Case in question:

A Homecountry woman is picked up by two Subjectcountry policemen who detain her on a proven bogus charge (it was dropped) during her detention she alleges that one of them assaulted (raped) her?
Despite DNA evidence that the judge refused to see because it was not done in the right place(?), three witness statements from other prisoners and a CCTV on the policeman entering the cells area at a time he was not authorised to be there. The Judge disallowed the case, jailed the woman for causing loss of police time and ordered her deportation.

No in this case where no effective remedy is available and where the most basic regard for the law and justice is not present would it not be just for her to be able to take the case through her courts home. I would also say that the homecountry judge you be under a duty to stay the case if any case is reopened in the subject country, they should be given a chance to put the matter in order.

The idea would never to be to interfere in the commission of a case in a subject country but to act as a backstop if no effective legal system is in place or if no proceedings take place despite evidence being in place they would result in an indictment in the home country?

It would place some real fear in the hearts of persons in a subject country when dealing with subjectcountry citizens or state officials that they could be tried even in absentia for crimes they commit against foreign citizens and be subject in arrest warrants and restrictions that would affect there ability to travel and live.

I would suggest that subject countries could opt out of this by signing LOI with the Homecountry that all trials and processes against Homecountry citizens would be conducted as per local law and with full visibility to observers and that basic human rights will be respected at all times.

Just thoughts?

NeilDu wrote:What about this?

An Overseas Citizen Protection Act..

Totally unworkable. I won't get into the little bits and pieces of it, but needless to say, when you travel abroad into another country, you are subject to their legal system. You cannot go running home and having a cry at the feet of your Queen if something happens that you don't like.

The question is, what was this guy's embassy doing whilst he was sitting in a prison cell?

I think this sort of thing (conviction of innocent person) happens more often than we hear about. The good part of the story is that the justice system worked and he was cleared by the appeals court. Not all judges are perfect (neither here nor in any other country). Or maybe he hired an incompetent lawyer (plenty of those around).