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Prosecution of Marte Dalelv

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In 2013, Marte Deborah Dalelv, a Norwegian woman born in 1988, received a prison sentence of sixteen months in Dubai, United Arab Emirates (UAE) for perjury, extramarital sex and alcohol consumption. This case caused an uproar on both social media and traditional Western media outlets because the woman was charged after she reported a man to the police for an alleged rape;[1] she was convicted as these allegations were considered unfounded by Dubai authorities. She was pardoned on 22 July, a few days after Norwegian media reported the news.

Dalelv said that a medical examination seeking evidence of the alleged rape and a blood test for alcohol were taken as a standard procedure.[2] Dalelv subsequently retracted her allegation and told authorities she had consensual sex;[3] in court she reverted to her initial allegation and was convicted for perjury, as her rape allegations were considered unfounded by prosecutors. In addition, Dalelv was charged with consensual extramarital sex and drinking alcohol without a permit, which are both outlawed in the UAE. Dalelv's boss received a 13-month sentence for consensual extramarital sex and alcohol consumption.[4][5]

Human rights activists and politicians have expressed strong criticism of the Dubai justice system's handling of the incident and against the initial lack of official Norwegian reaction against what they considered a clear human rights violation against a Norwegian citizen. The incident occurred in March 2013 and was first reported by Norwegian media on 17 July 2013.[6] Dalelv appealed the conviction and had a hearing scheduled for September 2013. On 22 July 2013 she was pardoned.

Dalelv had worked as an interior designer in Qatar since 2011 until this incident.[7]

Allegations of rape and Investigation

Dalelv was in Dubai for a business meeting and joined her colleagues for a night out on 6 March.[8] She reported that it was a long evening where everyone drank a lot. She asked a colleague to help her back into her room, because she was drunk. But he brought her into his room and said to her that he will sleep on the sofa and she could sleep in the bed.[9] She said that she wanted to calm this situation down and that she sat down and wanted to drink her bottle of water and after it she wanted to go, to find her room by herself, but this was the last thing she remembered.[10] She also reported that she woke up the next morning and that she realised that she was being raped, that she tried to resist against the man, but the man pushed her head down; room-service then knocked on the door[11] and she was able to escape. She also declared that she went down to the lobby and that she asked the people in the lobby to call the police for her.[12][13] In the lobby she was asked if she was certain she wanted to involve the police. Upon reporting the alleged rape, the officers did not believe Dalelv, claiming that the sexual intercourse was consensual. Under Emirati "law", extramarital sex is considered a crime (zina), even if one of the participants is not willing. Dalelv and her alleged attacker were detained by the police and charged with extramarital sex and alcohol consumption.[14] Both her money and her passport were confiscated.[1]

After four days, she was loaned a phone card and was able to contact her stepfather in Norway.[15]

Dalelv said that a medical examination seeking evidence of the alleged rape and a blood test for alcohol were taken as a standard procedure.[16] Dubai Police’s forensic report confirmed that the woman had sex but there was no mention of any physical violence.[17]

Sentence

In July 2013, the Dubai Misdemeanour Court handed Dalelv a three-month imprisonment for falsely reporting to police that she was raped, a month's imprisonment for drinking and 12 months for having consensual sex. Dalelv admitted to drinking alcohol but has denied having consensual sex and falsely reporting to police that she was raped on March 6.[5] [18] She appealed the conviction, with an appeal hearing due to be held on 5 September 2013. As the conviction has been appealed, the sentence itself is not final.

Dalelv's Sudanese boss was jailed for 13 months for alcohol consumption and having consensual sex. He pleaded guilty and confessed to having consensual sex.[5]

Termination of work contract with THE One Total Home Experience

Dalelv was fired from her job at THE One Total Home Experience on April 9 for "unacceptable and improper behavior" and "gross misconduct of the job" by the local franchise owner in Doha, Janet Jackson's husband Wissam al-Mana.[19][20]

On July 21, 2013, the company claimed they were working to secure her release, would provide legal support and that she was terminated because she stopped communicating with them, not because of the rape allegations. The statement said: "We are sympathetic to Marte Dalelv during this very difficult situation. Al Mana Interiors has repeatedly offered Marte support and company representatives were by her side throughout the initial investigation and police interviews, and spent days at both the police station and the prosecutor's office to help win her release."[21]

Officials from Norwegian colleges, including Westerdals College and the Idefag School in Tønsberg, expressed outrage at the actions of The One and indicated that they would cease cooperation with the firm in their recruitment drives.[22]

Reactions

After being arrested Dalelv initially received only "consular assistance" from the Norwegian embassy, as is usual when Norwegian citizens are charged with criminal acts abroad.[6] The Norwegian Ministry of Foreign Affairs also "advised people to look into the legal situation of the country they travel to because what they consider innocent may be illegal in a conservative country."[23] Her family and the Norwegian consulate negotiated her release and she took refuge at the Norwegian Seamans' Centre in Dubai[24]

On 18 July 2013 professor and human rights activist Dag Øistein Endsjø strongly criticized the official Norwegian reactions, slamming the Department of Foreign Affairs for their failure to understand that the incident is a human rights issue involving the right to privacy. He further criticised their silence towards the Emirate government despite the violation of the basic human rights of a Norwegian citizen, instead treating Dalelv as if she were just another Norwegian abroad being charged with a common crime.[25] This was followed by heavy criticism by various leading opposition politicians.[26][27] The serious reaction against the Norwegian government led to an official turnaround, after which Norwegian Minister of Foreign Affairs Espen Barth Eide criticised the conviction, first saying "this is clearly in conflict with our sense of justice" and admitting that it was "problematic from a human rights."[28] The lack of initial official reactions from the Norwegian government was later also criticized by the Norwegian chapter of Amnesty International.[29] On 19 July 2013 Barth Eide finally took the same clear human rights principal position as originally argued by Endsjø: "One shall respect different cultures but not violate human rights. The right to sexual freedom and the control over one's own body are among these".[30] Ministry of Foreign Affairs consultant Kathrine Raadim indicated that Norway would not recall its ambassador to the UAE.[31]

The incident also caused an uproar on social media, as people were leaving comments on the Facebook pages of both the employer, THE One Total Home Experience and the Dubai Tourist Office. THE One Total Home Experience closed their Facebook page to comments from Norway, Sweden, and Denmark on 19 July 2013. However, the page is still accessible for comments from other countries.[32]

The affair also received international attention outside Norway. German news magazine Spiegel and the tabloid newspapwer Bild also reported on the incident.[33][34] The translated Bild headline was: "Boycott Dubai! - The world is outraged". In France and the francophone world le Monde and le Figaro reported the affair on 20 July 2013.[35] BBC published an article about the incident on 20 July 2013.[8] Mail Online reported the incident on 17 July 2013.[24] Euronews reported also on 20 July 2013 about it in several languages.[36] USA Today reported the incident on 18 July 2013.[1] NY Daily News reported the incident on 18 July 2013.[37] The Associated Press reported the incident on 19 July 2013.[15] AlJazeera reported the incident on 20 July 2013.[38]

The Norwegian Ministry of Foreign Affairs also "advised people to look into the legal situation of the country they travel to because what they consider innocent may be illegal in a conservative country."[39]

Anne Katrin Bang a Middle East specialist of the Chr. Michelsen Institute declared on July 21, 2013, that the matter will be resolved quickly, because for Dubai and the United Arab Emirates is such negative worldwide media attention something, which is completely unusual and that they spend enormous resources on getting businesses and tourists to Dubai so that it would be very likely that diplomacy will work in this case.[40][41]

Pardon

Dalelv and the Norwegian ambassador was called into a meeting with the prosecutor on 22 July. She was there informed that she was pardoned and allowed to leave Dubai.[42] The pardon came from the Sheikh Mohammed bin Rashid Al Maktoum.[43] The man has also been pardoned.[44]

See also

References

  1. ^ a b c Winter, Michael (2010-06-29). "Dubai imprisons Norwegian woman who reported rape". USA Today. Retrieved 2013-07-20.
  2. ^ "Marte Deborah Dalelv: Norwegian woman's16-month sentence in Dubai after rape claim draws outrage". CBS News. 21 July 2013. Retrieved 21 July 2013.
  3. ^ "Marte Deborah Dalelv initially told authorities she had consensual sex". Gulfnews. 21 July 2013. Retrieved 21 July 2013.
  4. ^ "Norwegian woman jailed in Dubai after reporting rape". Al Jazeera. 2013-07-20. Retrieved 2013-07-20.
  5. ^ a b c "Norwegian woman Marte Deborah Dalelv jailed for having consensual sex with boss". Gulfnews. 21 July 2013. Retrieved 21 July 2013.
  6. ^ a b "Norsk kvinne anmeldte voldtekt i Dubai: - Dømt forsex utenfor ekteskap" in VG 17 July 2013.
  7. ^ Focus online: Vergewaltigte Norwegerin von ihrer Firma „The One“ im Stich gelassen
  8. ^ a b "Dubai sentences Norwegian woman who reported rape". BBC News. 20 July 2013.
  9. ^ Blick.ch: Knast für Sex vor der EheJetzt spricht das Vergewaltigungsopfer von Dubai
  10. ^ Sky News: Disbelief At Jail Term After 'Rape'
  11. ^ Welt online: Norwegerin schildert Details ihrer "Unzucht"
  12. ^ Focus online: Im Gefängnis in Dubai„Wir tranken viel“ – Norwegerin spricht über Vergewaltigung
  13. ^ "Expat appeals UAE sentence after rape charge". Al Jazeera English. 20 July 2013.
  14. ^ "Marte (24) anmeldte voldtekt i Dubai - dømt til 16 måneder i fengsel". VG Nett om Midtøsten. 2013-07-18. Retrieved 2013-07-20.
  15. ^ a b Murphy, Brian (2013-07-19). "Marte Deborah Dalelv, Alleged Norwegian Rape Victim, Sentenced To 16 Months Jail In Dubai For Sex Outside Of Marriage". Huffington Post. AP.
  16. ^ "Marte Deborah Dalelv: Norwegian woman's16-month sentence in Dubai after rape claim draws outrage". CBS News. 21 July 2013. Retrieved 21 July 2013.
  17. ^ "Norwegian woman Marte Deborah Dalelv jailed for having consensual sex with boss". Gulfnews. 21 July 2013. Retrieved 21 July 2013.
  18. ^ "UD tar sterk avstand fra Dubai-dommen". Dagbladet. 2013-07-18. Retrieved 2013-07-20.
  19. ^ "Janet Jackson's husband fired Marte Dalelv (24)". VG Nett. 2013-07-20.
  20. ^ "Slik mistet Marte (24) jobben etter voldtekts-anmeldelsen". VG Nett om Midtøsten. 2013-07-19. Retrieved 2013-07-20.
  21. ^ "Statement on Marte Dalelv by Al Mana Interiors, W.L.L. Spokesperson Hani El Korek," Yahoo! Finance. Retrieved on 7/20/13. http://finance.yahoo.com/news/statement-marte-dalelv-al-mana-224700975.html
  22. ^ "Norwegian schools cut ties with Dubai job-fder". The Local. 19 July 2013.
  23. ^ The Norwegian Department of Foreign Affairs to NRK on 18 July 2013 09.26
  24. ^ a b Malm, Sara (2013-07-17). "Norwegian woman who reported being raped in Dubai is jailed for 16 months". Mail Online. Retrieved 2013-07-20.
  25. ^ Endsjø, Dag Øistein. "Norsk velsignelse av menneskerettighetsbrudd" on nrk.no 18 July 2013, 10:34, and on Radio Norge Nyheter 18 July 2013, 14:00, Dagsnytt on NRK Radio P1-P3 18 July 2013, 15:00 and later, NRK Alltid Nyheter 18 July 2013, 15:05, Dagsnytt Atten on NRK Radio P2 18 July 2013, 18:00 and Dagsrevyen on NRK TV1, 18 July 2013, 19:00 and 21:00.
  26. ^ "Middelaldersk menneskesyn, norske myndigheter bør reagere tydeligere" on Aftenposten.no 18 July 2013 15:53.; "Krever at regjeringen hjelper Marte" on vg.no 18 July 2013 20:49.
  27. ^ Coulthart, Ross (2013-05-12). "Abandoned in the UAE". Yahoo!7 TV. Retrieved 2013-07-20.
  28. ^ "UD tar sterk avstand fra Dubai-dommen" on NRK.no 18 July 2013 15:05.
  29. ^ "Amnesty: – Umenneskelig behandling av Marte (24)" on TV2.no 19.07.2013 09.33.
  30. ^ "Barth Eide: Tydeligere reaksjoner kunne forverret Martes situasjon" in Aftenposten 19 July 2013. http://www.aftenposten.no/nyheter/uriks/Barth-Eide-Tydeligere-reaksjoner-kunne-forverret-Martes-situasjon-7259402.html#.Ue1O-qyxfUd
  31. ^ "A Dubaï, une Norvégienne condamnée à seize mois de prison pour avoir été violée". Le Monde. AFP. 20 July 2013.
  32. ^ Fjeldstad, Silje Borchgrevink (2013-07-19). "Fjernet Facebook-side etter klagestorm". VG Nett om Midtøsten. Retrieved 2013-07-20.
  33. ^ Bild online: „Boykottiert Dubai!“ – Die Welt ist empört
  34. ^ Spiegel.online: Verurteilte Norwegerin in Dubai: Erst vergewaltigt, dann ins Gefängnis
  35. ^ 20.07.2013: Le Monde Dubaï, une Norvégienne condamnée à 16 mois de prison pour avoir été violée; Le Figaro Emirats:condamnée pour avoir été violée
  36. ^ e.g. the English version: http://www.euronews.com/2013/07/20/norway-rape-victim-jailed-in-dubai-for-extramarital-sex/
  37. ^ Moran, Lee (18 July 2013). "Norwegian woman raped in Dubai is jailed for having sex outside of marriage". NY Daily News. Retrieved 2013-07-20.
  38. ^ "Expat appeals UAE sentence after rape charge". Al Jazeera English. 20 July 2013. Retrieved 2013-07-20.
  39. ^ The Norwegian Department of Foreign Affairs to NRK on 18 July 2013 09.26
  40. ^ Dagbladet: Tror på positiv løsning for Marte i Dubai
  41. ^ Welt: Norwegerin schildert Details ihrer "Unzucht"
  42. ^ Dubai ruler pardons Marte Dalelv
  43. ^ Welt: In Dubai vergewaltigte Norwegerin begnadigt
  44. ^ BBC: Dubai rape case Norwegian woman 'free to go'
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