Makkah Criminal Court drops crane case citing lack of jurisdiction

January 27, 2017

Jeddah, Jan 27: Makkah Criminal Court issued on Thursday said it was dropping the case of the crane that collapsed in Makkah in September 2015 due to lack of jurisdiction over the case.

makkahcranes

The accident resulted in 110 deaths and 209 injuries.

The court issued its ruling in the presence of the defendants on trial and the prosecutor; it came after several sessions of deliberations.

The prosecutor had interrogated the defendants before the judge decided to drop the case due to an issue of jurisdiction.

The court informed the defense team of the 13 people on trial, consisting of Ahmed Al-Qurashi, Attorney Hassan Jomaan Al-Zahrani and Abdullah Bin Laden, that it will inform them later of the date the legal decision will be formally issued.

Reports presented by the Bin Laden Group during the investigation and court sessions had shown that sudden changes in weather conditions, difficult to forecast, resulted in unusual winds, which in turn caused the collapse of the crane.

The company made a point of mentioning the fact that 50 thunderbolts were recorded on the day in Makkah within a period of only one hour due to the inclement weather conditions.

The storm was accompanied by heavy rain and thunder, as well as drop in temperature from 45 degrees to 21 degrees Celsius, the company said.

The Civil Defense Department spokesman said that the heavy rain that fell over Makkah on that day reached 40 millimeters within a very short period of time.

The 13 defendants on trial gave their affidavits to the court. They were absolved of responsibility for the collapse of the crane and the consequent damage due to insufficient evidence.

Of the three judges, two decided to drop the case; the third maintained that the court has jurisdiction over the case.

The prosecutor also insisted that the court had jurisdiction and legal competency to look into the case, based on the royal decree issued following the incident, including into charges of loss of life, property damage and negligence.

The Bureau of Investigation and Public Prosecution relied on the results of the investigation, which were submitted to higher authorities, and indicated that the main cause of the accident was the fact that the crane was subjected to heavy winds and had been kept idle in the wrong position, in violation of the operation instructions issued by the manufacturer.

According to the instructions, the crane’s main arm should have been lowered when not in use or during instances of heavy winds.

The bureau also pointed to the lack of compliance with safety standards in the operating procedures, no respect for the safety requirements, and poor communication and monitoring by safety officials responsible for the project during the poor weather conditions, despite warnings by the Presidency of Meteorology and Environmental Protection.

The defendants were also accused of failing to measure the speed of the wind and to respond to a number of letters from concerned authorities to review the condition of the several cranes at the site, especially the crane that fell.

The bureau called for holding the contractor, Saudi Bin Laden Group, partially responsibility for the accident, due to these reasons, as well as for reexamining the contract of Kansas Advisory Company and all cranes involved in the project, and to make sure that all safety and security conditions are met.

Following the incident, King Salman bin Abdulaziz called for referring the results of the investigation and related evidence to the Bureau of Investigation and Public Prosecution to complete the investigation of the Bin Laden Group, as well as to prepare a list of charges to be presented to the judiciary.

The order also asked Saudi Bin Laden Group to comply with the decision reached.

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News Network
April 26,2020

Abu Dhabi, Apr 26: Indian Ambassador to the UAE Pavan Kapoor says he is appalled after the bodies of three Indians flown back to India were returned to Abu Dhabi on Friday.

The three deceased Indian nationals had died of non-coronavirus causes and were flown to Delhi on Thursday but were promptly returned by authorities there.

“We are appalled at what has happened,” Kapoor told Gulf News. “We do not know if the bodies were returned because of coronavirus-related restrictions, but we are obviously not sending the remains of people [who have passed away from COVID-19],” he added.

“[As we understand], it happened because of new protocols at the airport and we are trying to sort it out,” he said.

Sent back a few hours later

“The remains were not offloaded from the plane, and were sent back a few hours later,” Kapoor explained.

The deceased were Kamlesh Bhatt, who passed away on April 17, and Sanjeev Kumar and Jagsir Singh who both died on April 13.

According to reports in Indian media, Kamlesh Bhat was 23 years old, and hailed from Tehri Garhwal district. He allegedly died of cardiac arrest. Along with the remains Kumar and Singh, Bhatt’s body was initially repatriated on an Etihad Airways flight, then sent back, even though his relatives had been on their way to collect them.

Kapoor explained the procedure through which remains are normally returned to family members back home, saying that the worker’s employer typically makes arrangements with cargo companies to repatriate bodies on cargo aircraft.

The employer applies for a No Objection Certificate from the Indian Embassy, which is granted once the Embassy ensures that all local formalities have been completed. The cargo company then applies for airport clearance, and the airline obtains approvals from the receiving airport.

“If airport protocols have changed, it means cargo companies have to be more careful about the clearance they’re getting,” Kapoor advised.

Additional costs
The ambassador added there may eventually be additional costs to repatriate the bodies but that it is first necessary to sort out the concerns.

The global coronavirus outbreak has spawned difficulties in repatriating mortal remains as a result of the travel restrictions imposed by countries. Remains of people dying from COVID-19 are not being sent back, but the caution surrounding the handling of bodies often affects the repatriation of those who succumb to other causes.

As Gulf News reported, Kerala chief minister Pinarayi Vijayan reached out to Indian Prime Minister Narendra Modi on Friday for intervention in bringing back the bodies of Keralites who have died in the Gulf from non-COVID-19 causes.

“I would like to draw your attention to the grievances received from Non-resident Keralites Associations (NRKs) in the Gulf Cooperation Council (GCC) countries on the delay caused in bringing home the mortal remains of NRKs who had expired due to reasons other than the COVID-19 infection,” read the letter by the CM.

“It is learnt that a ‘clearance certificate’ from the Indian Embassies is required to process the application of bringing home the mortal remains of the dead. The Embassies are [further] insisting on the production of a no-objection certificate from the Ministry of Home Affairs (MHA), New Delhi. To enable to bring back the bodies of the NRIs whose deaths occurred due to reasons other than COVID-19 infection, without necessary procedural hassles, I request your kind intervention,” Vijayan has requested.

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Agencies
July 30,2020

Kuwait will allow citizens and residents to travel to and from the country, starting August 1, the government communication center tweeted on early Thursday, citing a cabinet decision.

The decision excludes residents coming from Bangladesh, Philippines, India, Sri Lanka, Pakistan, Iran, Nepal.

Last month, Kuwait announced it would partially resume commercial flights from August, but does not expect to reach full capacity until a year later, as its aviation sector gradually recovers from a suspension sparked by the Covid-19 crisis.

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News Network
January 6,2020

Dubai/Washington, Jan 6: Tens of thousands of Iranians thronged the streets of Tehran on Monday for the funeral of Quds Force commander Qassim Suleimani who was killed in a US air strike last week and his daughter said his death would bring a "dark day" for the United States.

"Crazy Trump, don't think that everything is over with my father's martyrdom," Zeinab Suleimani said in her address broadcast on state television after US President Donald Trump ordered Friday's strike that killed the top Iranian general.

Iran has promised to avenge the killing of Qassim Suleimani, the architect of Iran's drive to extend its influence across the region and a national hero among many Iranians, even many of those who did not consider themselves devoted supporters of the Islamic Republic's clerical rulers.

The scale of the crowds in Tehran shown on television mirrored the masses that gathered in 1989 for the funeral of the founder of the Islamic Republic, Ayatollah Ruhollah Khomeini.

In response to Iran's warnings, Trump has threatened to hit 52 Iranian sites, including cultural targets, if Tehran attacks Americans or US assets, deepening a crisis that has heightened fears of a major Middle East conflagration.

The coffins of the Iranian general and Iraqi militia leader Abu Mahdi al-Muhandis, who was also killed in Friday's attack on Baghdad airport, were passed across the heads of mourners massed in central Tehran, many of them chanting "Death to America".

One of the Islamic Republic's major regional goals, namely to drive US forces out of neighbouring Iraq, came a step closer on Sunday when the Iraqi parliament backed a recommendation by the prime minister for all foreign troops to be ordered out.

"Despite the internal and external difficulties that we might face, it remains best for Iraq on principle and practically," said Iraqi caretaker Prime Minister Adel Abdul Mahdi, who resigned in November amid anti-government protests.

Iraq's rival Shi'ite leaders, including ones opposed to Iranian influence, have united since Friday's attack in calling for the expulsion of US troops.

Esmail Qaani, the new head of the Quds Force, the Revolutionary Guards' unit in charge of activities abroad, said Iran would continue Suleimani's path and said "the only compensation for us would be to remove America from the region."

ALLIES AT FUNERAL

Prayers at Suleimani's funeral in Tehran, which will later move to his southern home city of Kerman, were led by Iran's Supreme Leader Ayatollah Ali Khamenei. Suleimani was widely seen as the second most powerful figure in Iran behind Khamenei.

The funeral was attended by some of Iran's allies in the region, including Ismail Haniyeh, the leader of Palestinian group Hamas who said: "I declare that the martyred commander Suleimani is a martyr of Jerusalem."

Adding to tensions, Iran said it was taking another step back from commitments under a 2015 nuclear deal with six major powers, a pact from which the United States withdrew in 2018.

Washington has since imposed tough sanctions on Iran, describing its policy as "maximum pressure" and saying it wanted to drive down Iranian oil exports - the main source of government revenues - to zero.

Talking to reporters aboard Air Force One on the way to Washington from Florida on Sunday, Trump stood by his remarks to include cultural sites on his list of potential targets, despite drawing criticism from US politicians.

"They're allowed to kill our people. They're allowed to torture and maim our people. They're allowed to use roadside bombs and blow up our people. And we're not allowed to touch their cultural sites? It doesn't work that way," Trump said.

Democratic critics of the Republican president have said Trump was reckless in authorizing the strike, and some said his comments about targeting cultural sites amounted to threats to commit war crimes. Many asked why Soleimani, long seen as a threat by US authorities, had to be killed now.

Republicans in the US Congress have generally backed Trump's move.

Trump also threatened sanctions against Iraq and said that if US troops were required to leave the country, Iraq's government would have to pay Washington for the cost of a "very extraordinarily expensive" air base there.

He said if Iraq asked US forces to leave on an unfriendly basis, "we will charge them sanctions like they've never seen before ever. It'll make Iranian sanctions look somewhat tame."

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