UAE sentences Indian man to death over rape

[Paris]

Western culture?? please don't think that I'm 'white-washed', because I'm not -.-"

i know , I assumed you as Asian and i just explained some benefit of Western Culture which we should include in Asian Societies.

 

[Chai]

The trauma is there in all societies, especially at young ages, the victim will have a physiological impact no matter where she is.
Are you a new atheist trying to prove how liberal you are? No, all men are not perverts, that's pretty insulting actually.

I didn't say rape isn't a crime -.-" I'm saying only the people around her would make things worse.

and how is being liberal related to my opinion about how to deal with a raped little girl? -__- what I said has nothing to do with my beliefs. Maybe try to imagine how you would deal with your daughter if she got raped. Very sad, right? You wouldn't tell her that her life is ruined!

 

[Paris]

Death Penalty to Every rape is showroom of S-hit Community which is worse than Rapist.

 

[Paris]

I didn't say rape isn't a crime -.-" I'm saying only the people around her would make things worse.

and how is being liberal related to my opinion about how to deal with a raped little girl? -__- what I said has nothing to do with my beliefs. Maybe try to imagine how you would deal with your daughter if she got raped. Very sad, right? You wouldn't tell her that her life is ruined!

it's not About you and me it's about all People around how they will treat her ? Her Marriage ? Even ****-Head guy doesn't Accept Raped girl ! If Some one does it will be considered big Sacrifice , charity or some kind of Gandhi work which is not.

 

[Chai]

i know , I assumed you as Asian and i just explained some benefit of Western Culture which we should include in Asian Societies.

In my hometown in the south of the Arabian Peninsula women are so scared of reporting rape (saving their honour, etc). In 2010 we had zero rape cases in my hometown, according to an official document. So untrue, and so sad

 

[Paris]

In my hometown in the south of the Arabian Peninsula women are so scared of reporting rape (saving their honour, etc). In 2010 we had zero rape cases in my hometown, according to an official document. So untrue, and so sad

that's it , It's not Rapist , It's Society which More cruel, they pour their Anger on rapist as Death Penalty.

 

[474474]

I didn't say rape isn't a crime -.-" I'm saying only the people around her would make things worse.

and how is being liberal related to my opinion about how to deal with a raped little girl? -__- what I said has nothing to do with my beliefs. Maybe try to imagine how you would deal with your daughter if she got raped. Very sad, right? You wouldn't tell her that her life is ruined!

I never called you a liberal, not even close.

 

[turkish]

Deserving !! you shouldnt live if you do such stuff to a child. Actually hanging is little less..

 

[mkg00179504]

well you have to respect the law. Like Indians says their country their laws.So hopefully they understand this situation as well.

 

[Snowden]

Notice how the Indians are defending this rapist. I wonder how many Indians on this forum do these kind of things. They seem to sympathise with and defend rapists. It's a very poor reflection of their country, society and civilization.

 

[xyxmt]

indian men need to control their peepees

 

[Snowden]

indian men need to control their peepees

Yup, they have a sick mentality that no other group of people have. They have an inferiority complex.

 

[Jzaib]

whats up with indian men and raping?

 

[Al Bhatti]

Now let's not get to conclusions.

UAE hasn't really been very good at deciding what to do in case of a rape or a false accusation.

The Norway woman's case was really a hard evidence.

There should be some investigation done.

But if the man has committed this crime, then he deserves it.

I suppose the girl managed to get the mandatory 4 witnesses who observed the rape through its process.

And you think the judges and dumb illiterate and so are the police and investigators.

Furthermore, the man confessed his crime.

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July 31, 2013

What is it with expats and sex offences?

XPRESS speaks to legal and socio-political experts on reasons behind rise in sex crimes by foreign workers

When Norwegian Marte Deborah Dalelv was convicted this month of adultery, illegal alcohol consumption and falsely reporting rape in Dubai, vitriolic attacks were unleashed from all sides attacking the UAE’s legal system.

Such Western media reports on Marte’s case are typical of Dubai-bashing and form part of a colourful narrative of numerous expats who had fallen on the wrong side of the UAE’s laws.

In May, Dubai’s highest court confirmed the conviction of British recruitment executive Rebecca Blake and Irishman Conor McRedmond for having sex in a Dubai taxi’s backseat.

In April 2012, a Briton and another man from Seychelles were convicted of having sex under a tree following a booze-driven party. A sensational white-collar sex crime involved Britons Vince Acors and Michelle Palmer who were jailed in 2008 for their Dubai beach romp that came after a marathon drinking brunch session. The list of cases involving sex-outside-marriage among expatriates in the UAE goes on. The alarming pile up had even prompted the British Embassy in Dubai to issue a list of ‘Dos and Don’ts’ for tourists and expats working in the UAE.

But, the point to note here is that each time a high-profile case emerges, Western media is quick to attack Sharia and Dubai’s alleged ‘archaic’ laws. The Guardian reported on July 22: “The sentence against Dalelv has caused widespread outrage in the West and highlighted the frequent clash between Dubai’s western-friendly image and its Islamic legal code, or Sharia law.”

On July 21, Toronto Star reported: “The news of her case ... is raising questions about the judicial system in the Gulf state, which lures large numbers of expatriates and tourists with the promise of a Western lifestyle but still has strict, but little-known, laws on sex and alcohol.”

Emirati lawyer Mohammad Al Suwaidi said such attacks are unfair and ill informed. “The UAE law is simple: Sex outside marriage is adultery and is punishable. If it were Sharia law, the guilty party would have been given 100 lashes, or death if the guilty party is married,” he said.

The UAE Penal Code, under which many crimes against honour are tried, prescribes a minimum of one year in jail for sex outside marriage. The death penalty is prescribed for rape where a victim is under 14 and dies (Penal Code, Article 357).

Cultural insensitivity?

So what is the reason behind a spike in sex crimes involving expats? Some legal experts say the rise could be blamed on ignorance. Dubai is home to an extreme diversity of cultures from a cocktail of about 200 nationalities.

“But ignorance of the law is not a defence,” said Badr Abdullah, an Emirati lawyer. “The UAE is an open country. Some people think these acts (indecency) are permissible here as they are decriminalised in their countries. Our judges base their decisions on evidence, including forensic lab reports and witness testimonies, not on media wrath (arising from such decisions).”

Another lawyer however disagreed. “It’s [what happens] when people are treated better and find more freedom,” said Mansour Abdullah Al Zarouni of Al Insaf Advocates. “Human nature is such that when you give him freedom, he asks for more.”

He said many visitors come to the UAE with the wrong notion of tourism. For some, he said, tourism means just sex and alcohol. Al Zarouni said while UAE law respects freedom and privacy of individuals, it does not condone sex outside marriage.

Al Zarouni’s argument would make sense to many. Take the example of the 24-year-old Norwegian. The case reached the law-enforcement authorities after Dalelv approached police complaining she was raped by her 33-year-old Sudanese colleague after she spent a night inside his hotel room. It emerged later that Dalelv had been drinking with her male colleague and retired to his room. Later, according to Dalelv’s statement to police, she slept in his bed in her undergarments while the man slept on the couch. What happened next is disputed by Dalelv and the man and is recorded in police and prosecution files.

So in this case, the lawyer pointed out, it wasn’t Dubai Police who busted the duo in their hotel room. Dalelv was sentenced to 16 months jail while the Sudanese man was given 13 months prison. However she was pardoned on July 22.

So could it be down to a clash of cultures? “No,” said Al Suwaidi, a Western-educated Emirati lawyer. “It’s about respect for the law of the land you’re in, the same way European law penalises those who deny the Holocaust or Singaporean law punishes people caught chewing gum (without a prescription).”

“Ms Dalelv had unfairly misused the western media’s ignorance to fuel attacks on the UAE’s legal system, even after she was pardoned.”

Many felt that the pardon was undeserved, he said.

Rape a serious crime

Rape is a serious crime and under the UAE’s Penal Code, a rapist could face death.

Aided by better forensics, law enforcement had been swift and decisive as was seen in the case of a man convicted for raping a four-year-old boy in a mosque’s toilet in 2009. He faced the firing squad a year later.

Despite severe penalties, circumstantial evidence points to a rise in the number of sex crimes.

Dubai Police reported a 29 per cent spike in sex-related crimes in 2010, the latest year-long tally available, when 504 such cases were recorded compared to 391 cases in 2009.

While the jury is still out on whether sex crimes are under-reported – a trend has emerged: the well-heeled tend to dominate consensual sex crimes, while violent sex cases tend to be perpetrated by less educated, blue-collar workers.

Experts, however, warn that class alone can’t be the sole predictor for such crimes.

Dr Annie Crookes, Head of the Psychology Department at Heriot Watt University in Dubai, said the risk factors for both victim and perpetrator must be analysed closely to understand the problem.

“This is not a single problem with a single cause, but a tragic outcome of a range of different situations and factors,” she said.

Dr Amber Haque, a psychologist at the UAE University in Al Ain, said education is key. “There are no quick fixes. Sex is a very private, intimate affair between married couples. That’s not something to be trivialised or messed with. That should be the consistent message across the board,” said Dr Haque, who proposed the creation of a national task force to analyse the issue and recommend solutions.

But rape reported under questionable circumstances must be met with cynicism, said Al Zarouni.

Not a bad thing

The rise in sex-related crime reports, however, is not necessarily a bad thing, said Dubai’s leading psychologist, Dr Raymond Hamden of Human Relations Institute. “It does not mean a rise in sex-related violence per se, but increase in awareness and reporting. In a way, this rise in reporting is a positive sign -– though not a positive situation.”

The challenge, experts said, is how this openness will lead to greater understanding of laws, as well as the causes and prevention or treatment for victims.

Dr Hamden said: “The fact is all human being have physical needs. It’s unnatural for an adult to be without a partner for a long period of time. But the length of time depends on the libidinal energy of the individual.

“A person who does not have a partner for a regular sharing, caring, and loving relationship for a long stretch of time can be the root of personal vulnerability and cause socio-legal problems.”

Authorities have tried to counter this threat. In July 2010, a plan to establish a sex offenders registry in the UAE was unveiled to beef up child protection measures.

Each case is unique

Judge Maher Salama Al Owafi said the rise in sex-related crimes reaching the courts is a positive thing. “The victims, after suffering from pain and humiliation, report the incident the following day. That’s a good thing. It seems people are becoming more aware.”

The judge said, however, that no two crimes are the same. “Every incident has its own circumstances. Each crime has its own measure of nuances. The offender may try to prove that he’d known the victim somehow [to make it look it was an act of consensual sex].”

Technology, said the judge, has helped make considerable breakthroughs in crime forensics. “As a result, it makes it easier for the police to find evidence.” Despite the spike in the number of reported cases, many go unreported, according to a report quoting Emirati lawyer Maryam Al Hamly, who specialises on women’s issues in the Dubai Media Affairs office. The reason, she said, is that sex is considered a taboo issue — and there is a “fear of shame, regardless of gender and nationality.”

Judge Al Owafi disagreed, saying the number of sex crimes that go unreported are “limited at best”.

Amer Syed Al Marzouqi, another Dubai-based trial lawyer, pointed out that weak sentences can send a wrong message.

“Sexual abuse must be considered a ‘Haraba’ offence (a term in Sharia law referring to circumstances that can lead to the death penalty). “Sexual offenders pose a social threat.”

As for hate attacks in the West against UAE’s decency laws, Al Zarouni said: “We have a saying in Arabic: ‘No one will throw stones at a tree that bears no fruit’. People need to say something to tell others they are there, that they exist — even if what they say makes no sense.”

WHAT THE LAW SAYS

UAE Penal Code (Federal Law No. 3 of 1987)

Rape and indecent acts

Article 354. Rape – This article states that whoever resorts to coercion in sexual intercourse with a female or homosexual act with a male, shall be punished by death penalty. A case of coercion shall arise if the victim at the time of the crime was under fourteen years of age.

Article 356. Indecent Assault - This article states that anyone who engages in consensual sex [with someone other than husband or wife] will be penalised by detention for a minimum of one year. Where the victim is aged below fourteen or where the crime is committed by coercion, the penalty shall be temporary imprisonment.

Article 357. Capital punishment — If any of the crimes indicated in the preceding articles has led to the death of the victim, the punishment shall be a death sentence.

Article 358. Indecent Acts - This article states that anyone who openly commits an indecent and disgraceful act will be punished by detention for a minimum of six months. Where the act, even if not committed openly, is committed with a minor under the age of fifteen, an increased penalty of detention for a minimum of one year will apply.

What is it with expats and sex offences? | GulfNews.com

 

[Al Bhatti]

Debating whether death is fair punishment for rape is a perfectly legit debate. Every week there is news of rapists getting varying prison terms in UAE newspapers. I do not see whats the difference here, why suddenly death penalty?

The nationality of perp and victim plays a part, and thats travesty of justice.

Really? Read below:

An Emirati given death for raping and killing a Pakistani boy:

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January 27, 2010

Dubai court sentences mosque rapist to death

The Emirati man was accused of raping and murdering a four-year-old boy in a mosque's washroom on Eid Al Adha

Dubai court sentences mosque rapist to death | GulfNews.com

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Jun 7, 2010

Moosa killer loses his final appeal

http://www.thenational.ae/news/uae-news/courts/moosa-killer-loses-his-final-appeal

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June 08, 2010

Death sentence upheld for boy's murder

Trial shortest to result in death sentence in Dubai history.

Death sentence upheld for boy's murder - Emirates 24/7

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Feb 10, 2011

Execution of Moosa's killer expected today

http://www.thenational.ae/news/uae-news/courts/execution-of-moosas-killer-expected-today

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February 10, 2011

Dubai mosque murderer executed

Rashid Al Rashidi was executed Thursday

Dubai mosque murderer executed | GulfNews.com

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February 11, 2011

Dubai mosque killer's inheritance goes to charity

Rashidi executed by firing squad

Dubai mosque killer's inheritance goes to charity | GulfNews.com

------------------------------------------

March 11, 2010

Status of the death row cases


Executions suspended pending Ruler's approval:

Paul George Nadar (64, Indian), since 1986 for premeditated murder following criminal arson in which two women and seven children died.

Ahmad Mohammad Jasem (41, Iranian), since 1988 for premeditated murder. He was ordered to pay Dh200,000 blood money to the family of the deceased.

Joseph Simon Silvestre (41, Indian), since 1990 for premeditated murder.

Munawar Dost Mohammad (40, Pakistani), since 1999 for premeditated murder after he, assisted by his brother and a third convict, killed an Omani national and travelled to Oman to burn the body and destroy evidence.

Anil Motyati Adho (38, Indian), since 1999 for premeditated murder after he stalked his victim to rob him. Also accused of multiple thefts.

Natal Komowat (42, Indian), since 1999 for theft and intentional murder as well as hiding the dead body of his victim.

Mohammad Rida Ali (39, Iranian), since 2000 for premeditated murder of his Azerbaijani girlfriend. He turned himself in to police.

Rustom Abdullah Akbari (39, Afghan), since 2000 for stabbing a woman in her 40s to death in a contract killing.

Mohammad Anwar Gulam (39), Nazim Hussain (42), Ashiq Hussain (41), Mohammad Amjad, (52), (all Pakistani), since 2002 for premeditated murder and multiple thefts. Amjad was also charged with criminal complicity. They used ropes to tie down the victim before killing him.

Sergeh Alexander Vitch (32, Russian) and Sifred Andrivitch (36, Ukrainian), since 2002 for premeditated murders. Sergeh was accused of forced sex and theft, while Sifred was accused of thefts.

Karan Singh, (37), Manouj Muda (40) (Indian), Amir Bahadur (34, Nepali), since 2003 for premeditated murder of a 47-year-old Indian man. Bahadur was found guilty of criminal complicity.

Shai Wi, Kho Mij Ji (both 51, Chinese), since 2005 for kidnapping a 48-year-old Chinese woman who worked as a salesperson.

In Appeals Court:

A death sentence issued by the Court of First Instance is appealed by force of law even if the defence lawyer of the convict does not apply for appeal, according to article 230 under the Criminal Procedure Law:

M.F.N. (27, Iranian) in 2005 for killing an Iranian who took him as his guest in a hotel room on finding that he had no job or shelter. After stabbing the Iranian, M.F.N. also stole some valuables from him and set his body on fire.

A.S.K. (26, Pakistani) in 2009 for killing a 30-year-old Nepalese security guard at a Mazda car showroom, setting his body on fire in an attempt to steal valuables from the showroom.

T.A., S.A.D. (both 23, Indian) in January 2010 for stalking a 33-year-old Indian and killing him at the airport parking lot.

-----------------------------------------------

January 27, 2010

Timeline: Death sentences in the UAE

A list of recent instances of capital punishment handed out in the UAE

January 26, 2010
Dubai Court of First Instance sentenced two Indian men to death after they were convicted of the premeditated killing of an executive, stealing his wallet and leaving the body in his car at Dubai International Airport

January 12, 2010
An Asian man is sentenced to death under Sharia law who was found guilty of setting his aunt and her husband on fire in Al Ain

June 8, 2009
Sharjah Appeal Court upheld the death sentence to a Ukrainian man who hilled his Syrian business partner in 2002

January 27, 2009
Dubai Court of First Instance imposed a death penalty to a Pakistani clerk convicted of murdering a security guard and trying to rob a showroom

October 23, 2007
Sharia Court of First Instance in Sharjah sentenced to death an American for murdering a German businessman. In June 2009, Federal Supreme Court spared the life of the American and sent the case back to Sharjah Court of Appeals for review.

June 30, 2005
Dubai Court of First Instance sentenced to death an Iranian man who killed his hotel roommate after he asked to sleep with him.

May 18, 2004
An Omani is sentenced to death for smuggling large quantities of narcotics in Dubai

November 18, 2003
Dubai Cassation Court confirmed a death sentence for two of six drug smugglers who set fire to a boat containing two tonnes of cannabis as an Anti Narcotics Squad approached them off the Dubai coast.

October 15, 2003
Dubai Court of First Instance handed four Indian men a death sentence for firing five bullets at a renowned Indian businessman at point blank range in front of the India Club.

April 2003
Dubai Court of First Instance issued a death sentence against three Iranians for smuggling and trafficking 9.4kg of drugs.

May 27, 2003
Dubai Court of First Instance sentenced to death four Pakistanis who strangulated a truck driver to death with a nylon rope Al Ghusais.

November 19, 2002
Dubai Court of Cassation confirmed a death sentence against three Indian men who smuggled and peddled 2.096kg of drugs.

February 11, 2001
Dubai Appeal Court has upheld the death sentence on a man convicted of the premeditated murder of a Russian woman. Unemployed an Afghan was sentenced to death by Dubai's Court of First Instance for killing Dilago Liva, after stealing her money.

October 23, 2000
Dubai Appeal Court has upheld a death sentence on an Iranian who murdered his Azerbaijani girlfriend after discovering she used to be a prostitute

April 17, 2000
Dubai Court of First Instance sentenced a 36-year-old Filipino to death after he had been found guilty of premeditated murder.

October 2000
Fujairah Appeal Court has upheld the death sentence on a UAE national from Masafi for the premeditated murder of his neighbour over a land dispute

May 29, 1999
Dubai Court of First Instance has sentenced M.B. and N.B.B., both Indians, to death for possessing hashish for the purpose of trading.

June 21, 1998
Dubai Cassation Court upheld a death sentence passed against Toran A., 30, an Iranian housewife, for possession of narcotics for the purpose of trading

March 15, 1998
A death sentence passed against a 22-year-old student for taking and trading in drugs was upheld at the Dubai Court of Appeals.

Timeline: Death sentences in the UAE | GulfNews.com