Marcus Fakana, a 19-year-old from Tottenham, North London, finds himself entangled in a legal battle in Dubai after engaging in consensual sex with a 17-year-old girl, also from London. Their families were vacationing in the UAE in August of the previous year when the romantic relationship blossomed. The situation escalated when the girl’s mother discovered the intimacy and reported Fakana to the authorities. Under UAE law, sexual relations with individuals under 18 outside of marriage are prohibited. Consequently, Fakana was sentenced to a year in prison in December. While the girl’s involvement would have also resulted in arrest had she remained in Dubai, she had already returned to London.
Fakana’s case has garnered support from various individuals and organizations working towards his release. Radha Stirling, the chief executive of Detained in Dubai, has been a staunch advocate for the teenager, providing ongoing assistance. She has criticized the British government’s response, particularly former Foreign Secretary David Lammy’s withdrawal from the case due to a purported conflict of interest. While Lammy has promised a support letter for the pardon request, Stirling believes more could be done to secure Fakana’s freedom. The British Embassy has maintained contact with Fakana and has prepared a pardon application. Hopes are pinned on Sheikh Mohammed Al Maktoum, the ruler of Dubai, granting clemency.
The conditions in Al-Awir prison, where Fakana is incarcerated, have been described as “torturous” and “hellish.” Reports from inmates detail horrific illnesses and instances of torture to extract confessions. Fakana’s 19th birthday was spent within the confines of this prison, cut off from his family. Adding to the advocacy efforts, Bell Ribeiro-Addy, a Labour MP, has written a letter urging Fakana’s release. The combined efforts aim to bring attention to the case and pressure authorities for a positive outcome.
The core issue revolves around the differing legal landscapes between the UK and the UAE. While the age of consent in the UK is 16, the UAE’s legal system criminalizes sexual activity outside of marriage for those under 18. This discrepancy highlights the challenges faced by individuals unfamiliar with the stringent laws of foreign countries. Fakana’s case serves as a cautionary tale for travelers to be aware of the legal and cultural norms of their destinations, particularly regarding intimate relationships.
The campaign for Fakana’s release continues, focusing on securing a pardon from Sheikh Mohammed Al Maktoum. The support of individuals like Radha Stirling and Bell Ribeiro-Addy, along with the British Embassy’s involvement, provides a glimmer of hope for a positive resolution. However, the severity of the UAE’s laws regarding sexual activity underscores the precarious situation Fakana faces. The coming weeks will be crucial in determining the outcome of the pardon request and Fakana’s future.
The contrasting legal frameworks between the UK and the UAE, coupled with the harsh conditions in Al-Awir prison, paint a complex picture. Fakana’s experience highlights the importance of respecting local laws and customs when traveling abroad. While the consensual nature of the relationship may be considered mitigating circumstances in other jurisdictions, the UAE’s legal system prioritizes the age restriction irrespective of consent. This case serves as a reminder of the potential consequences of engaging in activities deemed illegal in foreign countries, even if those activities are acceptable in one’s home country. The campaign continues, urging compassion and understanding while navigating the complexities of international law and cultural differences.
