A UN body has called for the immediate release of a Dubai resident who has spent almost a year imprisoned in Iraq over a contract dispute.
Australian engineer Robert Pether was sentenced to five years in jail in August by a court in Baghdad. He also was ordered to pay $12 million along with a colleague, Khaled Radwan, who is also detained.
The 46-year-old, who lived in Dubai with his wife and children, was sentenced over a dispute involving his company’s work for the Iraqi government.
This is a total vindication of Robert and Khaled’s position from the outset. We just want Iraq to now do the right thing
Desree Pether
The UN Working Group on Arbitrary Detention (WGAD) issued a report on Sunday evening describing Mr Pether’s imprisonment as “arbitrary and in contravention of international law”.
“This is a total vindication of Robert and Khaled’s position from the outset. We just want Iraq to now do the right thing,” said Mr Pether’s wife Desree.
The WGAD report said “both men were lured into returning to Iraq on the pretext of assisting in an investigation and have been arbitrarily detained, without any legal basis”.
There was credibility to the allegations that both men were subject to “abusive and coercive interrogations”, according to WGAD, which that stated the evidence obtained at trial was “improperly obtained”.
It also expressed concern that both men were forced to sign statements in the absence of legal counsel.
“The UN has found in no uncertain terms that Robert and Khaled’s arrest was unlawful and arbitrary,” said Peter Griffin, a UK-based human rights lawyer who has been involved in assisting the families obtain UN support.
“The breadth of the decision is very significant, finding multiple breaches of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.”
The working group urged the Iraqi government to release both men, investigate their detention and compensate them.
The case has also been referred to the UN’s special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
Mr Pether was detained in April after travelling to Baghdad for what he thought was a routine business meeting.
He was working in Dubai as an engineer for CME Consulting, a company contracted to work on the Central Bank of Iraq’s headquarters on the banks of the Tigris river.
He has remained in custody since being detained at the meeting and several bail attempts were rejected before he was sentenced in August.
CME Consulting has not responded to numerous attempts by email and calls to discuss their employees being behind bars in Iraq.
The dispute involves a $33m contract that was awarded to CME in 2015.
The project was suspended a year later, with plummeting oil prices and Iraq’s war with extremist group ISIS cited as the main reasons.
Worked resumed in 2018 with CME working for 39 for 48 of the months stipulated in the contract.
It received payment for 32 of the months before payments were withheld.
The central bank asked CME to extend the contract by three months to make up for work that was suspended due to the pandemic.
The bank told CME it would not make payments for the extension, which led to the company objecting as it said the suspension was not its decision.
The return of $12m was also requested by the bank for “special payments”.
Rooney's club record
At Everton Appearances: 77; Goals: 17
At Manchester United Appearances: 559; Goals: 253
Teachers' pay - what you need to know
Pay varies significantly depending on the school, its rating and the curriculum. Here's a rough guide as of January 2021:
- top end schools tend to pay Dh16,000-17,000 a month - plus a monthly housing allowance of up to Dh6,000. These tend to be British curriculum schools rated 'outstanding' or 'very good', followed by American schools
- average salary across curriculums and skill levels is about Dh10,000, recruiters say
- it is becoming more common for schools to provide accommodation, sometimes in an apartment block with other teachers, rather than hand teachers a cash housing allowance
- some strong performing schools have cut back on salaries since the pandemic began, sometimes offering Dh16,000 including the housing allowance, which reflects the slump in rental costs, and sheer demand for jobs
- maths and science teachers are most in demand and some schools will pay up to Dh3,000 more than other teachers in recognition of their technical skills
- at the other end of the market, teachers in some Indian schools, where fees are lower and competition among applicants is intense, can be paid as low as Dh3,000 per month
- in Indian schools, it has also become common for teachers to share residential accommodation, living in a block with colleagues
Our legal consultants
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
Who was Alfred Nobel?
The Nobel Prize was created by wealthy Swedish chemist and entrepreneur Alfred Nobel.
- In his will he dictated that the bulk of his estate should be used to fund "prizes to those who, during the preceding year, have conferred the greatest benefit to humankind".
- Nobel is best known as the inventor of dynamite, but also wrote poetry and drama and could speak Russian, French, English and German by the age of 17. The five original prize categories reflect the interests closest to his heart.
- Nobel died in 1896 but it took until 1901, following a legal battle over his will, before the first prizes were awarded.
What the law says
Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.
“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.
“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”
If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.
Milestones on the road to union
1970
October 26: Bahrain withdraws from a proposal to create a federation of nine with the seven Trucial States and Qatar.
December: Ahmed Al Suwaidi visits New York to discuss potential UN membership.
1971
March 1: Alex Douglas Hume, Conservative foreign secretary confirms that Britain will leave the Gulf and “strongly supports” the creation of a Union of Arab Emirates.
July 12: Historic meeting at which Sheikh Zayed and Sheikh Rashid make a binding agreement to create what will become the UAE.
July 18: It is announced that the UAE will be formed from six emirates, with a proposed constitution signed. RAK is not yet part of the agreement.
August 6: The fifth anniversary of Sheikh Zayed becoming Ruler of Abu Dhabi, with official celebrations deferred until later in the year.
August 15: Bahrain becomes independent.
September 3: Qatar becomes independent.
November 23-25: Meeting with Sheikh Zayed and Sheikh Rashid and senior British officials to fix December 2 as date of creation of the UAE.
November 29: At 5.30pm Iranian forces seize the Greater and Lesser Tunbs by force.
November 30: Despite a power sharing agreement, Tehran takes full control of Abu Musa.
November 31: UK officials visit all six participating Emirates to formally end the Trucial States treaties
December 2: 11am, Dubai. New Supreme Council formally elects Sheikh Zayed as President. Treaty of Friendship signed with the UK. 11.30am. Flag raising ceremony at Union House and Al Manhal Palace in Abu Dhabi witnessed by Sheikh Khalifa, then Crown Prince of Abu Dhabi.
December 6: Arab League formally admits the UAE. The first British Ambassador presents his credentials to Sheikh Zayed.
December 9: UAE joins the United Nations.
Have you been targeted?
Tuan Phan of SimplyFI.org lists five signs you have been mis-sold to:
1. Your pension fund has been placed inside an offshore insurance wrapper with a hefty upfront commission.
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4. The adviser charges a 1 per cent charge for managing your assets. They are being paid for doing nothing. They have already claimed massive amounts in hidden upfront commission.
5. Total annual management cost for your pension account is 2 per cent or more, including platform, underlying fund and advice charges.
The permutations for UAE going to the 2018 World Cup finals
To qualify automatically
UAE must beat Iraq.
Australia must lose in Japan and at home to Thailand, with their losing margins and the UAE's winning margin over Iraq being enough to overturn a goal difference gap of eight.
Saudi Arabia must lose to Japan, with their losing margin and the UAE's winning margin over Iraq being enough to overturn a goal difference gap of eight.
To finish third and go into a play-off with the other third-placed AFC side for a chance to reach the inter-confederation play-off match
UAE must beat Iraq.
Saudi Arabia must lose to Japan, with their losing margin and the UAE's winning margin over Iraq being enough to overturn a goal difference gap of eight.
