December 22nd 2024.
The phrase "holiday romance" often brings to mind lighthearted movies and feel-good books, but for 18-year-old Marcus Fakana, it has resulted in a harsh reality. Marcus, a construction apprentice from London, met a fellow British teenager while on a family vacation in Dubai. What started as a romantic relationship quickly turned sexual, and the two planned to continue their connection in London after the holiday ended.
However, things took a turn when the 17-year-old girl's mother found out about the relationship and reported it to the Dubai police. Marcus was taken from his hotel without any explanation and was not allowed to contact his parents or anyone else. He was held in custody and was not given access to a lawyer or the embassy. As he recalls, everything was in Arabic and he had no idea when he would be released.
The legal age of consent in Dubai is 18, and since the girl was still a minor at the time of their relationship, Marcus was charged with a crime. He claims that he had no intention of breaking the law and was not aware that the girl was only one month away from turning 18. As they were in the same school year, he did not see their age difference as an issue.
Marcus is remorseful for his actions and understands that he has broken the law. However, he is appealing to the Prime Minister and Dubai ruler, Sheikh Mohammed bin Rashid al Maktoum, to reconsider his one-year prison sentence and allow him to spend Christmas with his family.
Dubai is a popular destination for Western European tourists, known for its warm climate and luxurious lifestyle. However, many are unaware of the strict legal system in place, which is based on both civil and Sharia law. While the city markets itself as a "modern and liberal tourist destination," the laws can be confusing for visitors, as they may come up against little-known laws or their arbitrary enforcement.
Radha Stirling, CEO and founder of Detained in Dubai, a UK-based legal advisory and human rights organization, explains that foreigners can often find themselves in trouble in the City of Gold. Laws surrounding relationships, alcohol consumption, and online activity are some of the most common issues that tourists face.
While alcohol consumption is legal in licensed venues, anyone caught with alcohol in their system in a public place can be charged with public drunkenness or consuming alcohol without a license. This means that even leaving a venue and getting into a taxi can result in a violation of the law. The country's cybercrime laws are also strict, covering everything from hacking and terrorism to something as seemingly harmless as leaving a negative comment online.
Stirling believes that almost 100% of visitors to the UAE are in violation of these laws, and it only takes someone to report them for them to face prosecution. This was the case for a 39-year-old Irishman who was detained for three months for sending a "threatening emoji" and a Northern Irish man who was detained for two months over a negative Google review.
The Dubai police and the government media office did not respond to requests for comment. Azaan Salahuddin, managing partner at Dubai-based law firm Al Adl Legal, believes that strict enforcement of these laws is necessary to protect the citizens and visitors of the country.
While the UAE has a high number of foreign prisoners, Stirling explains that most of them do not end up serving prison time. However, the experience of being detained and facing prosecution can have a lasting impact on a person. As Marcus says, "It can break you."
Holiday romances are often portrayed as light-hearted and romantic in movies and books, but for Marcus Fakana, a young construction apprentice from London, his summer fling turned into a nightmare. While on holiday in Dubai with his family, Marcus met a fellow British teenager at his hotel and the two quickly developed a romantic relationship that became sexual. They even made plans to continue their connection in London after their holiday was over.
However, things took a turn for the worse when the 17-year-old girl returned to the United Kingdom and her mother found out about their relationship. She reported Marcus to the Dubai police, and he was suddenly taken from his hotel without any explanation. In a written statement shared by his legal team, Marcus described the ordeal as traumatic, stating that he was not allowed to contact anyone, including his parents. He was also not provided with a lawyer, access to the embassy, or even the chance to speak to his family.
The reason for Marcus's arrest was the age of consent in Dubai, which is 18. As the girl was still a minor at the time of their relationship, Marcus unknowingly broke the law. He explained that he had no intention of breaking any laws and was not aware that the girl was only one month away from turning 18. To him, age was not an issue as they were in the same school year.
Feeling remorseful and regretful for his actions, Marcus is now appealing to the Prime Minister and Dubai ruler, Sheikh Mohammed bin Rashid al Maktoum, to reconsider the one-year jail sentence that was handed down to him. He hopes to be able to go home for Christmas and be reunited with his family.
Dubai is a popular tourist destination, especially for Western Europeans, who are drawn to its warm climate and luxurious lifestyle. It attracted a record number of international visitors last year, and its airport is the second busiest in the world. However, many tourists are not aware of the strict laws in the country, which are based on both civil and Sharia law.
According to Radha Stirling, the CEO and founder of Detained in Dubai, a UK-based legal advisory and human rights organization, Dubai markets itself as a modern and liberal tourist destination, which can be confusing for visitors when they unknowingly break the laws or face arbitrary application of them. Marcus's case is not the first instance of a foreigner getting into trouble in the City of Gold.
Some of the common issues that tourists face in Dubai include laws regarding relationships, alcohol consumption, and online activities. While it is legal to drink alcohol in licensed venues, anyone caught with alcohol in their system in a public place can be charged with public drunkenness or consuming alcohol without a license. According to Stirling, this can be confusing for tourists, as they may not realize that even getting into a taxi and going home after leaving a venue can be considered a violation of the law.
Another area of confusion is the nation's cybercrime laws, which cover a wide range of online activities, from hacking and terrorism to making unfriendly comments or promoting charities. These laws can be applied retroactively and internationally, meaning that something shared online before traveling to the UAE can still lead to prosecution after arriving in the country. Stirling estimates that almost 100% of visitors to the UAE are unknowingly violating these laws, and it only takes one person reporting them to face legal consequences.
Despite having one of the highest rates of foreign prisoners in the world, Stirling explains that most of those detained in the UAE do not end up serving prison time. However, the strict application of these laws is necessary to maintain public safety and security, according to Azaan Salahuddin, managing partner at Dubai-based law firm Al Adl Legal. He believes that laws are in place to protect both citizens and visitors to the country.
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