Scottish court blocks extradition of man to UAE on Article 3 & 6 concerns

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.

NGO calls for UK-UAE extradition to be suspended

Detained in Dubai, a UK-based NGO, has called for the UK’s extradition treaty with the UAE to be suspended following several UK court rulings blocking extradition to the UAE on the grounds that there was a “real likelihood of human rights violations”. This test was first set out in 2010 UK-UAE extradition case Lodhi v Secretary of State [2010] EWHC 567 (Admin). The UK Courts have ruled against all subsequent extradition requests from the UAE.

Ibrahim brothers extradited from Dubai to Australia on drugs charges

Fadi and Michael Ibrahim have been extradited from Dubai to Australia, where they face charges of attempting to import two tonnes of MDMA and other drugs into the country. The shipment, allegedly worth almost $1billion, was seized by police in the Netherlands in July as part of an international law-enforcement effort.

Assistant Commissioner of Australia’s police force Neil Gaughan also said that “The Dubai authorities have offered an unprecedented level of support to help facilitate these operations and ensure these extraditions have run smoothly.