A Scottish court has blocked the extradition of a 64-year old man wanted by the UAE where he has been sentenced in absentia to 12 months imprisonment for allegedly embezzling $345,000. Garnet Black is said to have taken the money from the bank account of M&M Militzer & Münch LLC, an international logistics company based in Dubai, where he worked as managing director. He says the allegations, made by his former son-in-law, are false and intended to pressure his daughter to return to the UAE, after she fled the son-in-law with their child due to his alleged violence and abuse.
In his ruling, Sheriff Tom Walsh QC found that the UAE had not satisfied the statutory pre-requisite to extradition that it demonstrate free legal aid would be guaranteed to Mr Black if extradited. In addition, Sheriff Walsh found that there was a real risk Mr Black’s Article 3 right against inhuman treatment and Article 6 right to a fair trial may be violated, but rejected the argument that his article 5 right to freedom was at risk of violation.
Key to these findings was that, if extradited, Mr Black was likely to be housed in “the squalid, unhygienic, and overcrowded conditions of Bur Dubai Police Station”, without adequate medical provision, and the significant degree of influence his son-in-law was likely to have over local police as a high-ranking Emirati. In addition, there was no guarantee that Mr Black would be in physical condition to defend himself, and would struggle to do so in any event as a non-Arabic speaker without the guarantee of free legal representation.