Find out how this man beat extradition to Albania on murder charges

Dubai, UAE -- (ReleaseWire) -- 02/22/2022 -- Al Rowaad Advocates & Legal Consultancy is a full-service law firm committed to delivering sound judgment to its clients on their most difficult and important matters.

Established in 2003, the firm was first known as Advocates Without Frontiers before it expanded and was recently renamed Al Rowaad Advocates & Legal Consultancy, the company's license owner, with a head office in Dubai and a branch office in Abu Dhabi.

The Albanian authorities filed a request early last year seeking his extradition on charges of facilitating murder, possessing weapons without a licence, and being a member of an organised crime syndicate.

Awatif Mohammed, the man's lawyer, said the request was turned down because the UAE and Albania have no extradition treaty and the man was not in Albania when the crime was committed.

Investigators in Albania told Dubai authorities that the resident, 40, hired two assassins in 2012 and paid them €50,000 ($56,447) to kill a father and his son.

Officers in Dubai arrested the man, who is originally from Albania, when the case was first filed last year. He was taken into custody when he landed at Dubai International Airport on May 31, 2021. He denied all the charges.

Ms Mohammed, from Al Rowaad Advocates, said her client's wife paid Dh200,000 in bail and he was released nearly two months after his arrest, but the case continued.

"My client was detained for nearly 60 days," Ms Mohammed said. Records proved that he was in Macedonia when the crime was committed in Albania, she said.

The man told the court that the charges and the extradition request were aimed at damaging the reputation of his family, who were contesting elections in Albania.

"One of his well-known political family was running for elections in Albania and my client believes being requested for extradition in a murder he didn't commit at the time of elections is an attempt to distort his family's reputation and influence public opinion," Ms Mohammed said.

She said she fought against prosecutors' recommendation to approve the extradition request despite acknowledging in writing that it does not fulfil requirements.

"The UAE and Albania do not have a treaty signed in regards to extradition requests and this request was filed based on the Albanian authorities' pledge to put the principle of reciprocity into practice," Ms Mohammed said.

She told the court this practice involves the right to equality between the two countries in the absence of a signed treaty but, in this case, it does not stand as a sole reason to approve the request.

In 2016, the man also won a court case in Albania against the local police for maliciously involving him in the murder.

The court documents did not explain the reason for the long gap between the date of the crime and the extradition request.

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Judges were provided with information from hospitals in Australia and Rashid Hospital in Dubai.

Dubai, UAE -- (ReleaseWire) -- 09/02/2021 -- A Dubai court has denied an Australian woman divorce and custody of her children after medical reports proved she suffers from a mental health condition.

The Court of Cassation - the emirate's highest court - overruled an earlier decision by Dubai Personal Status Court, given in October 2020, that granted the woman, 38, the right to divorce and custody of her children, aged 5 and 7.

She earlier told judges at the lower court that her husband, also from Australia, 40, had stopped providing for their family since 2019 and was verbally and physically abusive to her.

She said he threatened to take the children away after he admitted her to a mental hospital in the emirate.

The man's lawyer, Awatif Mohammed from Al Rowaad Advocates, challenged the verdict and took the case to the Court of Cassation.

"My client planned that they all travel to Australia where his wife can be near his cancer-stricken mother and for all of them to be closer to their families and where his wife can also resume her treatment from a mental disorder," Ms Awatif said in court.

"But when his wife refused, he didn't abandon her or their children because he loves them."

She told judges her client was concerned about his wife's health because she suffered from a mental condition and feared she would relapse.

"This is proof of his love for her and his family," said the lawyer

Judges were provided with medical reports from hospitals in Australia and one issued by doctors at Rashid Hospital in Dubai.

The reports stated the woman suffered from a bipolar disorder, also known as manic depression, which brings severe high and low moods and changes sleep patterns, energy levels, thinking and behaviour.

"Medical reports recommended that children remain with both parents," Ms Awatif said.

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UAE Labour Law: How does final payout get affected by temporary salary cut?

Dubai, UAE -- (SBWIRE) -- 07/14/2020 -- If your company was negatively affected by Covid-19 and you negotiated a temporary salary cut, how does that affect your gratuity? And what happens if you go on to lose your job while drawing the reduced salary?

A Gulf News reader raised the question "if someone has been made redundant and is on temporary salary reduction, should their final pay-out be based on their regular salary or the revised temporary version?"

Gulf News spoke with Dr. Hassan Elhais, a legal consultant in Dubai at Dubai-based Al Rowaad Advocates and Legal Consultancy who spoke about the recent resolution by the Ministry of Human Resources and Emiratisation which provided guidelines to companies on how they can deal with worker contracts if they have been negatively affected by Covid-19.

As per Article 3/4 and 3/5 of the Ministerial Resolution No. 279 of 2020 regarding the stability of employment in private sector companies during the period of applying precautionary measures to contain the spread of the novel coronavirus. The employer and the employee may agree to either reduce the wages temporarily during the period referred to or reduce the wages permanently" he said.

Further Article 5 of the aforesaid resolution provides that in the event of temporary reduction of wages, the employers are obligated to conclude a temporary additional appendix to the labour contract provided it expires as per its expiration term. If the temporary wage reduction has to continue then such appendix shall be renewed." he added.

This appendix to labour contract, Dr. Elhais said, would provide details of whether the reduction in the salary would affect an employee's end of service benefits, such as his gratuity.

"If the employee is made redundant and the appendix to his labour contract specifically provides that such reduction shall not affect his gratuity, the employee shall be entitled to claim full gratuity as per his regular salary," Dr. Elhais said.

However, he added that in appendices for temporary salary reduction, the provision is included that the salary reduction shall not affect the end of service benefits.

If an appendix to the labour contract is for temporary salary reduction, it shall not affect the end of services benefits as such appendices are not prepared by the employer but the Ministry, "Dr. Elhais said.

About Dr. Hassan Elhais
Dr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, company incorporation, construction law, maritime law, banking law, criminal law, family law, inheritance law, and arbitration.

Dr. Elhais and his team in Dubai and Abu Dhabi at Al Rowaad Advocates cover the entire U.A.E and provide robust and careful legal advice. They maintain the highest standards of integrity, confidentiality, and discretion. Dr. Elhais's goal is to ensure that a consistently high standard of service is undertaken and delivered by his team of local legal advocates in Dubai and Abu Dhabi at Al Rowaad Advocates, the wider country and internationally, providing genuinely adept legal advice in Dubai.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

The suspect was arrested within 24 hours after committing the crime.

Dubai, UAE -- (SBWIRE) -- 07/09/2020 -- A man arrested for alleged murder of an Indian couple in Dubai's Arabian Ranches could face the death penalty if found guilty, a legal expert has said.

The Pakistani suspect was arrested within 24 hours after committing the crime.

The Dubai Police said he gained access to the Indian family's home in Arabian Ranches through their unlocked verandah door last Thursday.

While investigations are still ongoing, lawyers believe that the suspect will face multiple charges, including premeditated murder of the couple, attempted murder of their daughter and burglary.

"He will be charged with premeditated murder of the couple and will be additionally charged with attempted murder of their daughter," said Dr Hasan Elhais, legal consultant with Al Rowaad Advocates.

"The number of victims he killed being more than one, and the fact that the murder was associated with another crime - theft - the penalty as per Article 332 of the UAE Penal Code is death," said Dr Elhais.

He explained that some circumstances of the crime are considered by law, which is a reason to stiffen the punishment.

"The factors that the theft happened during night time and he did it while carrying a weapon, are recognised by law as elements that allow judges to stiffen the punishment against the defendant up to life in jail as per Article 383 of the penal code," added Elhais.

He pointed out that according to the same law, there are five circumstances when life term jail is awarded for theft. These include when a theft happens at night; if it is committed by two or more people; offenders carry a weapon; if it is happened in an inhabited place by gaining illegal access and if it happened by the use of force or threat," Elhais added.

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If authorities determine the Belgian man didn’t commit any crime in the UAE, he will be extradited.

Dubai, UAE -- (SBWIRE) -- 07/09/2020 -- Prosecutors in Dubai are examining an extradition request of a man suspected to be the head of an international drug trafficking ring. The 32-year-old suspect identified as Nordin EH is wanted by the Belgian authorities on several charges including drug trafficking. He was arrested in Dubai last week.

He was referred to prosecutors on June 18 on initial charges of possessing drugs to sell. His case file is currently being handled by the technical office of Dubai's attorney-general.

Nordin may be extradited to face charges in Belgium if Dubai prosecutors' investigations prove he had not committed any illegal acts in Dubai or in any part of the UAE.

The terms of extradition from the UAE to another country are laid out under the law, according to Dr Hassan Elhais, legal consultant with Al Rowaad Advocates.

"As per Federal Law No 39 of 2006 which governs the extradition of criminals, the procedure is to hand suspects over if their crimes did not happen in Dubai, or in any part of the UAE," said Elhais.

According to Brussels Times, Nordin EH is believed to be involved in several violent incidents in the Antwerp province. The newspaper reported that Belgian authorities confirmed the man has been arrested in Dubai.

This is the second high-profile arrest effected by authorities in Dubai this month. Danish national Amir Faten Mekky - who is the leader of one of the most dangerous international crime rings involved in murder, drug trafficking and money laundering - was arrested on June 3.

About Dr. Hassan Elhais
Dr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, company incorporation, construction law, maritime law, banking law, criminal law, family law, inheritance law, and arbitration.

Dr. Elhais and his team in Dubai and Abu Dhabi at Al Rowaad Advocates cover the entire U.A.E and provide robust and careful legal advice. They maintain the highest standards of integrity, confidentiality, and discretion. Dr. Elhais's goal is to ensure that a consistently high standard of service is undertaken and delivered by his team of local legal advocates in Dubai and Abu Dhabi at Al Rowaad Advocates, the wider country and internationally, providing genuinely adept legal advice in Dubai.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm