Ammon News - AMMONNEWS - Ammon News obtained documents and a letter to the King Abdullah II from a Russian Investor who is trying to invest in Jordan mainly in the city of Aqaba.
According to Evgeny Nemirovskiy's letter, he has been facing corruption and injustice since he came to Jordan 2008.
The letter full text
Your Majesty,
My name is Evgeny Nemirovskiy. I live in Moscow and sometimes in my apartment in Aqaba, 5th residental area,. I am resident of Jordan since 2008 and I came to your great country to invest in Aqaba. The number of my visits to Jordan is over 70. I must say honestly that I already consider myself as a part of Jordanian society and Hashemite Kingdom of Jordan has amazingly become my second motherland after all I have to go through. I have many friends in Jordan so you can ask many people about me to find out what kind of person I am.
I have decided to contact you in person after reading your Our Last Best Chance book from which I’ve learned how much you care about the Investment Environment in your country and how much you are willing to protect this Environment.
I still have plans to invest in Aqaba after my 4-years problem will be solved by Jordanian Authorities.
Let me kindly tell you everything that had happened to me in Jordan since 2008 in a very simple way so you can feel what I feel. I do believe you can help stop corruption and injustice I’ve been facing in Jordan since 2008.
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First time I came to Jordan in 2007 as a tourist. I fell in love with your country and decided to invest in Aqaba. I needed an apartment (not to live in hotel) so I decided to buy one from Basel Jamil Masarweh in the 5th residential area of Aqaba through middle party - Ayla Gate Real Estate company from Aqaba represented by Diaa Al Halasah and his wife Raida Toma.
22 of April 2008 I have signed contract with Ayla and paid 17500 JD as down payment. The same day me and Diaa Al Halasah submitted documents needed for my permission in ASEZA. After that Diaa Al Halasah told me that I can go back to Russia and that it’s now it’s his job to receive my permission from authorities within 2 weeks.
I went back to Russia and started to wait for a call from Diaa Al Halasah in order to come back to Aqaba to finish the deal at Land Department. There were no calls from him during 1st month (May 2008) of my waiting. After that, in June 2008, I started to call him almost everyday day to find out why my permission is not ready. His always answer was “Inshallah bokrah, give us more time, we're doing our best”. In July 2008 I called the owner of the apartment, Basel Jamil Masarweh, and told him that from my side everything is ready to buy his apartment but the permission is not ready and I don’t know why. I asked him to push Diaa Al Halasah to finish his job with permission. Basel Masarweh told me that he will see what he can do but he is in Amman and very important and busy person so I should keep trying with Diaa Al Halasah. . By August 2008 the permission was not ready and Mr.Halasah had no explanation for that. When he stopped to pick up the phone I came to Aqaba by myself to see what was happening in reality.
I called Diaa al Halasah but his phone was off. I called Basel Masarweh and informed him about what had happened. Basel gave no comments regarding why Diaa al Halasah did not do his job at all giving empty promises during 3 months instead. Basel also could not explain why he did not follow up this and why he did not push Diaa to do his job despite my numerous phone calls from Russia. Instead Basel said (I quote) : Ok, Evgeny, If you manage to get this permission by yourself I will come to Aqaba for a couple of hours to finish the deal.
The next 7 or 10 days I almost did not eat and did not sleep. I was getting the permission by myself. It was extremely difficult for me because I knew no one, I did not know procedures, papers, language. Very big Thanks to Jamal Dabbas (Investment Director at ASEZA) who called his friends in Mokhabarat Aqaba, Mokhabarat Amman, Ministry of Interior to make my papers go through. Now its already 4 years since that time but I still remember how difficult it was and how many unexpected expenses I had to carry.
Finally the permission was ready and the only thing left is to take it from Ministry Of Interior in Amman. Suddenly I got a call from Diaa al Halasah. I asked him and his wife asimple question – why you did nothing for 3 months? Their answer was silence with their heads down , like kids in school do. They had nothing to say, I also met Basel, thr owner of an apartment, and told him that despite all what had happened I still (amazingly) want to buy his apartment and will come back soon to finish the deal and he should make Diaa al Halasah take my permission from Ministry of Interior and prepare everything for the deal.
In a week or so I got message from Diaa al Halasah that he had got my permission and that, I quote: MISTER (!) Basel is willing to finish the deal at Land Department of Aqaba only 22 of August 2008 exactly between 9 and 11 in the morning because he is very important and busy man. After reading this message I have decided not to live in the same house with Basel Masarweh and to cancel the deal and said it to Diaa al Halasah in my reply.
In a couple of days I came to Amman, took a lawyer Dr.Qais Ali Mahafzah, paid him 2000 JD + RJ ticket Amman-Aqaba-Amman + 5 days in Intercontinental Aqaba. For this compensation we agreed that Dr.Qais will assist me in buying an apartment in Aqaba (not Basel’s, the one we had yet to find) + he will take my down payment back from Basel. By Law (Civil Code of Jordan) all money must be returned to me since the contract between me and Ayla is VOID and not registered at the Land Department of Aqaba.
When we came to Aqaba with Dr.Qais, in the end of August 2008, we have managed to find an apartment from Majed Hassan Khalil, also in the 5th area, and bought it without any problems within 2 days. Diaa Al Halasah tried to prevent me from buying this apartment by sending someone who pretended to be from Mokhabarat Aqaba to Mr.Loay from ASEZA asking him not to give me a new permission to buy another apartment…Loay said to this «Mokhabarat» guy that it’s out of his hands because he is just a technical employee.
Finally we came to Basel Masarweh house with my lawyer Dr.Qais and asked my money back from him because by Jordanian Law he must do so. To this Basel said that he will not return my money because he is not living by law but tribes and that his family – Masarweh – is very important and influential in Jordan and will protect him from paying. We left his house and Dr.Qais told me not to worry at all about it because he knows Basel’s relatives and has his own ways to return my money back shortly by out-of-court procedures but, if needed, we will go to court.
When I returned to Russia Dr.Qais wrote many messages to me saying that the meeting with Basel Masarweh in Amman is fixed and will be on Monday. All days till Monday he wrote me 1 or 2 messages a day. When Monday came – no messages, no calls. Tuesday, Wednesday. Nothing. I call Dr.Qais, he does not pick up phone. Dr.Qais disappeared so not me not my friends in Jordan can reach him. When I managed to reach him from un-known number he said that why I am so worried? he was just very busy and did not contact me because there was nothing new to say. Basel did not come to that meeting on Monday so…It was completely different Dr.Qais. Not the one I spent 5 days in Aqaba with eating from the same plate.
During September, October and November 2008 I did my best to make Dr.Qais work to take my money from Basel or to start the case in court. That’s not easy because Dr.Qais does not pick up phone when I call and does not answer my emails. And I have Witnesses. The only way to speak with Dr.Qais is to come to his office in Amman. I do so in October 2008 with my friends Omar Odwan and Abdullah Odwan. Dr.Qais said that he is so sorry he did not do anything but he promises to take my money from Basel ASAP because I am his brother and his very good friend. At the end he says to me that please Evgeny do not go to complain about me to Jordanian Bar Association because all this company will be closed. I said I have no plans to complain I just need my money back and paid him to do this job.
During that meeting he also promised me in front of people that he will start to pick up phone when I call. The next 3 days I tried to reach him by phone – no results, he does not pick up. I went to Mokhabarat Aqaba and Ibrahim Shishani calls Dr.Qais and tells him to return all my documents so I can simply go to another lawyer. The next day I came to Amman to Dr.Qais office in the evening and kindly asked for my documents back. Dr.Qais said that he is ready to do that but he wants more money for his work. I told him that there is no result of your work at all + I already paid you and you did nothing. But I was calling and negotiating so I insist you pay me more said Dr.Qais. Ok, Evgeny, he says, I can return your case without more money but I will consider you as a very bad and dishonest person…..After hearing this I stated to Dr.Qais that I will have to go to Jordanian Bar Association to make a complain against him. After I said this Dr.Qais started to shout at me at full voice with bad words. I never saw Jordanian person behaving like this. During his speech he even promised to put me in jail by bokrah morning. What for I still don’t understand.
The next day I had to go to the central court of Amman to stop Dr.Qais power of attorney. Right after that I went to Jordanian Bar Association and made written complain against Dr.Qais. JBA complain manager Lara called Dr.Qais and he came to JBA office with his partner and they both were very afraid and even asked me through people to take my complain back. I did not say Yes to this because what Dr.Qais did to me was over the limit. At the same time I still don’t understand why Dr.Qais was afraid. The president of JBA at that time was Saleh el Armutti and he was making everything not to take my complain. At first complain manager Lara tried to make me sign paper in Arabic which stated that I have no problem with Dr.Qais…I came to complain you remember? Sign then complain – that’s exactly what she said. Thanks God my friend and translator Alya Hassan explained what that paper was about. After that Saleh el Armutti tried not to register that complain because, as he said, I must go to court against Dr.Qais about that, not to JBA. To make him take complain a had to invite Jihad Manaseer. Only when he came and supported me Saleh agreed to register the complain. Eventually JBA did nothing to Dr.Qais and did not even reply to me regarding my complain.
In January 2009 I start the case 5/2009 against Ayla company and Basel Masarweh (as a person and as a company) in the court of Aqaba with lawyer Abdurahman Awad. From the beginning I told Abdurahman about everything that happened with me in Jordan before. I also said to him that I think Basel Masarweh will try to push or pay him like he, most probably, did with Dr.Qais. So if you afraid, Abdurahman, that Masarweh will use WASTA against you or you will not be able to get rid of seduction to take money from him if he offers – please do not take this case I will go to another lawyer!!!! No, No, Evgeny, told me Abdurahman, don’t worry. I even have the case against one of the advisers of the King but Basel Masarweh is just a person, I am not afraid of him. Abdurahman also told me that my case is very simple. You have all proof and all the documents, Civil Code of Jordan is on your side so just give me 3 maximum 6 months and you will get your money back.
Abdurahman also told me that the verdict of court will be that Basel and Diaa will both have to pay my money back by law and Civil Code of Jordan! That’s very important point. Although I have contract with Ayla company and my money went to Ayla, not to Basel, Ayla represents Basel by power of attorney he gave them + I have bank statement that 15 000 JD out of my 17500 JD went to Basel from Ayla PLUS (!!!!!!) Basel sent a notification to me through the central court of Amman on 26.10.2008 saying that he knows about my contract with Ayla, recognizes it and invites me to finish the deal to buy his apartment. Very nice paper. He did it just to protect himself from fraud case in court, that’s the reason, but at the same time he made it possible to sue him together with Ayla and make them both pay.
During first 3 months of having my case against Basel & Ayla in the court of Aqaba lawyer Abdurahman Awad was MY lawyer. You always have a feeling of that. From April 2009 he started behave the same way as Dr.Qais. Abdurahman did not pick up phone when I call, did not answer my emails and messages . Also was avoiding me in Aqaba by all means. The only way for me to speak with him was to come to his office in Aqaba. Ok 1 lawyer behaving like this – may be coincidence – 2 lawyers….At the same time I had a contract with him and I had no choice but to continue with him. I just decided that I will try to control everything he does in the case by taking a copy of the case from court and giving it to independent lawyers for consideration. all lawyers told me that basically its Ok but Abdurahman is like trying to delay the case and does not prevent other side lawyers from delaying the case.
31-05-2010 (Aqaba court verdict) Abdurahman states to me that we’ve finally won the case. I come to Aqaba and find out that the verdict is that only Ayla company must pay my money back and that Basel Masarweh is not guilty and out of the case. Abdurahman says its normal and it’s Ok we will collect money from Ayla no problem. To my question WHY court said that Basel is not guilty Abdurahman says that it’s just judge decision and he does not know why. Very strange keeping in mind that Abdurahman and many other lawyers told me that by law and documents we have Basel and Ayla will have to be both responsible.
After Aqaba court decision Ayla company made an appeal stating that if Basel Masarweh is not guilty and we - Ayla - are acting on his behalf and by his power of attorney than we’re not guilty as well !!!
I went to Maan court and took the copy of the case. 3 independent lawyers from different cities of Jordan who did not even know each other examined the case file and they all gave me the same answer and showed to me just one paper from the case file. The paper dated 16/03/2010 and written by Addurahman Awad, my own lawyer, states that Abdurahman Awad drops charges against Basel Masarweh as a company.They all said – by this paper - your own lawyer destroyed your case and left you without money.
I came to Abdurhman Awad and asked him why you did that, Abdurahman? He said that judge, who had the case, gave him a hint, that he would charges against Basel Masarweh as a company and to save for me 500 jd Abdurahman did it before judge…Without even notifying or asking me. The judge who Abdurahman is talking about is Mohamad Omari, the president of Aqaba court.. Can you imagine, Your Majesty, Mohamad Omari, giving a hint to any lawyer and to Abdurahman in particular?
For me it became obvious that “my“ lawyer Abdurahman Awad had conflict of interest in the case and had been working for Basel Masarweh and Ayla instead of me. He made good job for them by dropping the charges against the main defendant who really had assets to pay the bill. And he simply left Ayla company in the case because Ayla is limited liability = 0, company with no assets and no money.
In beginning of January 2011 I do realize that there is not much I can do about the whole situation. My decision was to stay with Abdurahman Awad till the end without giving him a favor to stop his power of attorney or taking the case to another lawyer. Abdurahman already destroyed my case and I wanted him to be responsible for this. He kept saying that we still can get money from Ayla company so on 03.01.2011 I gave him 1200 JD upon his request to pay fees to execution department in the court of Aqaba to start execution against Ayla company. He gave me receipt and promised to pay them to court same day or maximum day after. He did not do that and completely disappeared from me.
On 06.01.2011 I wrote him msg that I am very disappointed that he ignores my calls and does not keep his words. He replies also by msg and says that he does not want me as a client anymore and that I should go to another lawyer even if he, has to pay me his own money for this. I asked him if he still have my 1200JD I gave him to pay fees but no reply for that.
The next day 07.01.2011 I made written complain against him to Dr.Feisal Rawasdeh a lawyer and JBA representative in Aqaba. In my complain I cover all the points after I made it Abdurahman sent many msg to my phone saying that I am stupid and sick Russian and that he will sue me for 1 million JD for damages…He also states there that I will pay too much for what I did.
The next 5 months (from January 2011 to May 2011) I was trying to make Abdurahman Awad either do execution of my case in the court of Aqaba or return execution fees I had paid him as fees for that action. Abdurahman was just playing for time and delaying. By words to Dr.Feisal Rawasdeh he says yes, I will start «bokrah» but in reality does nothing. Abdurahman Awad states to everyone that before he starts execution he wants to collect all his fees from me because he «won» the case and got verdict on my behalf and now he wants 10 % from what court had said according to our contract. Formally he is right but how can I pay to the lawyer who destroyed my case? I clearly understand that even if I pay him he will do no execution or will do it just formally and will not collect any money. Finally, in the beginning of May 2011, I had to cancel Abdurahman’s power of attorney.
The new lawyer to do execution is Amjad Mansour. The first good lawyer in the story. I had to pay execution fees again to the court of Aqaba, so that’s why the real amount was MUCH LESS then 1200JD Abdurahman had taken from me. During execution it became obvious that Ayla company is Limited Liability and = 0, does not have any assets, money on bank accounts or cars so it’s simply impossible to collect money from it. Our only hope was that Ayla did not pay full capital. By Jordanian law it meant we could collect 15 000 JD directly from Raida Toma as a person who is the owner of Ayla. We put all our efforts to this but Raida brings fake documents to court from her legal accountant that (amazingly) Ayla had paid all capital, they just forgot to notify Ministry Of Commerce about it…so execution stops because nothing more can be done. Dead end.
In October 2011 I find out that complain which I made against Abdurahman Awad through JBA representative in Aqaba Dr.Feisal Rawasdeh amazingly did not go to JBA office in Amman despite numerous promises from Dr.Feisal Rawasdeh and the receipt I got from him. Since the date I made this complain on 07.01.2011 me, and my friend and representative in Aqaba Mohamad Al Arouri called Dr.Feisal every week to find out about the results. Dr.Feisal kept saying that it’s already in Amman, considered by special committee but in reality Dr.Feisal did not send it and kept in his table. To find out that I had to go to JBA office in Amman to complain manager who and told me that they received 3 complaints from Dr.Feisal but mine is not among the list. I went to Dr.Feisal to ask why but he had no explanation or comments for this.
After all my hands were so much down so I decided it was time to tell everything to you Sir. I went to Royal Court office in Amman holding a statement in my hands as you can see the picture attached which was saying «Where is Justice in Jordan, your Majesty, King Abdullah II?» I was invited to the office and submitted a letter to His Majesty the King. In a couple of weeks, the secretary for Mr.Issam Rawabdeh, an adviser for the Royal Hashemite Court, called me and said that they have solution for my problem and that Mr.Rawabdeh was willing to help. She suggested to fix the date for our meeting on the 3rd of November 2011. I thanked her for call and Mr.Rawabdeh for his kind attention to my problem and told her despite the fact that I was extremely busy at work in Moscow that days I will come to Jordan to see Mr.Rawabdeh because I know he is a very respectful person. She said yes, please come, we have solution.
I came to Mr.Rawabdeh’s office with my lawyer Amjad Mansour, my representative in Aqaba Mohamad Al Arouri and my translator Alaya Hasaan. The only question Mr.Rawabdeh asked me was: «I understand but what can I do»? I never expected that the adviser of the King would ask me what to do. The secretary told me you have solution for my problem…I can only guess what authority has the adviser of the King but at least, Sir, you can make a report to His Majesty the King about what has happened with good Russian investor who likes Jordan a lot and already been there more than 70 times...Instead Mr.Rawabdeh even made a joke about me and said that “if so many problems happened to you in Jordan, than, may be, the problem is in you, not in the others”. I still have respect for Mr.Issam Rawabdeh but honestly and directly I want to say that in my opinion if you ask someone to come from another country to visit you in Jordan promising that you have a solution for his problem…That’s not the way to receive a guest. I was offended by his attitude personally.
In October 2011 I made my complain against Abdurahman Awad again, this time directly to JBA office in Amman. The complain is registered under the number 416/2011 and was received by Heeba Abdullat, the present complain manager, with 2 copies of my court case attached as proof. Amazingly when I called her boss Atef Odwan in 2 months to check what was happening he told me that complain is not moving at all and that Abdurahman Awad was not even officially notified about it.
When I heard this I visited Mr.Samih Bino, the head of Anti-Corruption Commision at his office and asked for his assistance. He called Mazen Ersheidat, the head of JBA, in front of me and asked him to consider my complain by law and without any delay. Mr.Ersheidat promised to Mr.Bino to do so. Amazingly, nothing happened after that.
In March 2012, after 5 months the complain was received by JBA and nothing happened to it Russian Consul in Jordan Roman Endovitskiy had to call Mazen Ersheidat to kindly ask him to consider my complain. Нe also told Mazen that Russia is watching very carefully at this case. Mazen Ersheidat assured Roman Endovitsiy that from now on he takes this complain under his personal control and will do everything to consider it by law.
Instead Mazen Ersheidat made a decision by himself only that my complain is not serious and does not worth even sending to special committee for consideration and he sent it to his table.
In April 2012 I called Atef Adwan from JBA to ask if I can take written answer to my complain. He said yes, its ready, no problem. When I came Atef Odwan was out but his college, Abdul Kareem showed the written answer to me and told me that he needed just 5 minutes to sign it by Mazen Ersheidat. He went upstairs to sign but returned in 5 minutes very surprised and told me that Mazen refused to sign and ordered him not to give any papers to me.
Why Mazen Iresheidat did not send my complain to special committee and is not willing to give me written answer if he is so sure that my complain is not serious and that Abdurahman did not do any mistakes in the case? By not giving the written answer to me Mazen Ersheidat went against the law of JBA. That’s why I visited prosecutor general of Amman Mr.Mohamad Sourani and his assistant Azzam Najdawi and gave them my complain against Mazen Ersheidat asking to investigate an obvious corruption in Jordanian Bar Association. Mr. Najdawi refused to take the complain and said that I must go to Aqaba prosecutor Mr.Ibrahim Rifaya for this case. I went to Mr.Rifaya but he did not even say Hi to me (witness Mohamad Al Arouri). Instead he said, I quote: I don’t talk with people, bring me written complain made by your lawyer and I will see. After this I left his office and got a call from Abdurahman Awad who said that Rifaya just called him to say that I tried to make a complain against him and JBA . Evgeny, it’s obvious that no one will help you…So may be it’s time to stop and to admit that you are nothing in this country? That’s what Abdurahman told me.
I have to say that lawyers in Jordan are completely out of control. There is no authority over them. Only JBA. No authority in Jordan has right by law to investigate corruption in JBA . Lawyers in Jordan are free to play with people’s cases because they know they will carry no responsibility for that. JBA will always cover them. I swear I am sure lawyers position in Jordan is a Threat to Jordanian National Security. King Adbullah II says that no one is above the law in Jordan. In reality, lawyers are above the law because they are not controlled by anyone, only by themselves. Lawyers destroy the reputation of country and go against the words of the King that everyone in Jordan has the right for a fair trial. Lawyers go against the wish of the King to guarantee each person the right for justice in Jordan. How these people can take part in Justice if they have no conscience and do not have God in their hearts?
In April 2012 I visited Mr.Mohamad Awamley, the director of Mokhabarat Aqaba. I told him and his assistant all the story and submitted all the documents. Mr. Awamley said he will see what he can do and promised to speak with JBA and Mazen Ersheidat in his own way.
In November 2011 Abdurahman Awad, the lawyer who destroyed my case and left me without money, started the case 577/2011 against me in the court of Aqaba claiming his fees for «winning» the case. The case was im the hands of judge Marwan Khataleen and the verdict is that I have to pay my ex-lawyer Abdurahman Awad 1750 JD.
This is my picture taken in Aqaba near my house so you know me by face, Your Majesty.
My expenses for this case for 4 years are over 100 000 JD by now.
Despite what happened to me I still believe that Jordan is a great country to invest in and justice will happen.
Your Majesty, I do believe my story is not just about injustice, corruption and mistreatment in one particular case. The story shows that there is no justice in Jordan. As simple as that. Because lawyers interfere justice, which is guaranteed by the King and by State,. Simply because there is no authority over them. I do really consider this as a REAL threat to Jordanian National Security.
I do care about future of Jordan. I have apartment in Aqaba since 2008 and a deep understanding about what's happening in your great country. I wish to be a part of it's good future and I am sure that solving my particular case and making right conclusions out of it by authorities (JBA law, taken in 1956, should be seriously REFORMED) can make this future much closer to all of us - citizens and residents of Jordan.
With great respect
Evgeny Nemirovskiy
Russian Investor who still wants to invest in Jordan and cares not just about money but future of Jordan as well.