The papers are devoid of any investigation records about the incident
“Ras Al-Khaimah Discrimination” cancels the extradition of a wanted man to Germany accused of stealing jewelry
The Ras Al Khaimah Court of Cassation decided to cancel an appeal ruling that stipulated the extradition of a wanted person (Arab-German) to the Federal Republic of Germany, accused of stealing jewelry under duress. Any investigation records about the incident, and the arrest warrant did not include a note of the statements of witnesses and suspects who were asked in the investigations, the suspect’s histories, descriptions of the stolen items, and the results of the investigations, and thus the request lacks the conditions for its acceptance.
The authorities of the Federal Republic of Germany had requested the extradition of the appellant of her nationality, and an international arrest warrant was issued against him for accusing him of committing a crime of theft. The wanted person was referred to the Federal Republic of Germany, and the wanted person appealed the decision to extradite him in cassation.
The details of the incident return, according to the case papers, when a German woman filed a report stating that three defendants robbed her house and stole gold, a chess box and coins, and that two of them spoke German with the dialect of the countries of Russia and the surrounding countries or the Balkan countries, and one of them spoke German fluently, according to her testimony It is impossible for a person of Arab origin to be among them, as the German police took fingerprints and DNA from the crime scene, and concluded that there were no fingerprints or DNA traces issued against the appellant accused.
The case papers added that the son of the victim, who decided that his mother could not provide any statement, would submit a request to withdraw her statement from the jewelry, chess and coin boxes, because it did not belong to the family, as the German authorities issued a decision to release the appellant for lack of evidence.
She explained that the victim, before her death, asked her, her husband and her son to waive the complaint, and decided that they were not sure of the stolen items presented to them, and that they did not belong to them, but the German public prosecutor decided to proceed with the case and raise the circular about the appellant, from wanted to European Union countries to wanted with all Countries of the world.
The accused’s attorney, Lawyer Saleh Al-Farmawi, indicated that his client surrendered himself while he was in the state to the Ras Al Khaimah Police, and denied before the Public Prosecution and the Court the accusation against him, and stuck to his trial in the Emirates, where the Public Prosecution decided to release him and put him under electronic monitoring, and the accused’s attorney asked to stop Execution of the appeal ruling and its cassation based on the absence of the appellant’s connection to the incident.
He added that one of the reasons for pursuing his client was that his ex-wife submitted a report to the German authorities stating that he was in the UAE with her child, who claims that he kidnapped her and prevented her from seeing her. who holds German citizenship, whose presence the appellant refused to have with her mother, and issued an order not to leave his daughter to the Emirates.
The Ras Al Khaimah Court of Cassation confirmed that what the appellant condemns in the contested decision is corruption in reasoning and error in applying the law, that the case papers are not sufficient to activate the request to arrest and prosecute the appellant, as the request was devoid of an official copy of the investigation records established in it, and the victim renounced the accusation. The appellant denied its connection to the gold packages, as well as accusing others of committing the incident.
She explained that the appellant's lawyer tried to obtain a copy of the investigations that prove this, and confirm the sincerity of his defense that his client had bought the stolen gold in good faith from a person, but he was unable to obtain the full investigations.
And she added that if the accusation was carried on seriously, the judicial authorities in Germany would not have released the appellant after he was arrested and imprisoned in connection with the incident.
She pointed out that the file for the extradition of the wanted person was devoid of an official copy of any investigation records, and that the arrest warrant did not include the statements of witnesses and suspects, the suspect's records, descriptions of the stolen items, and the results of the investigations, and therefore it lacks the conditions for its acceptance, and it is necessary to overturn the contested decision and the report that it is not possible to extradite ripper.
• The accused denied the accusation and stuck to his trial in the UAE.
• There are no traces of fingerprints or DNA of the accused.
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