United Arab Emirates - Revision history

IBJadmin at 09:09, 6 May 2025

2025-05-06T09:09:57Z

← Older revision		Revision as of 11:09, 6 May 2025
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	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for ~~Andorra~~ </h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for United Arab Emirates</h2>
	*The Constitution of the United Arab Emirates <ref>https://uaelegislation.gov.ae/en/constitution</ref>		*The Constitution of the United Arab Emirates <ref>https://uaelegislation.gov.ae/en/constitution</ref>

IBJadmin: /* Resources */

2025-03-03T16:00:55Z

Resources

← Older revision		Revision as of 18:00, 3 March 2025
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	==Resources==		==Resources==

			<li> History.com. "United Arab Emirates is formed." [https://www.history.com/this-day-in-history/united-arab-emirates-is-formed](https://www.history.com/this-day-in-history/united-arab-emirates-is-formed).
			<li> Essam Tamimi, "Litigation in the United Arab Emirates," 20 International Legal Practice 134, 135 (1995).
			<li> Penal Procedure Law, Federal Law No. 35 of 1992, Article 4.
			<li> Federal Law No. 23 of 1991, Article 24.
			<li> Administrative Decree No. 106/2011.
			<li> Volunteer Lawyers Program for Legal Consultants, Dubai Courts. [http://www.dubaicourts.gov.ae/portal/page?_pageid=292,699887&_dad=portal&_schema=PORTAL](http://www.dubaicourts.gov.ae/portal/page?_pageid=292,699887&_dad=portal&_schema=PORTAL).
			<li> United Arab Emirates Government Portal. "Rule of Law and Human Rights." [https://u.ae/en/about-the-uae/human-rights-in-the-uae/rule-of-law-and-human-rights](https://u.ae/en/about-the-uae/human-rights-in-the-uae/rule-of-law-and-human-rights).
			<li> Dubai Public Prosecution. [https://www.dxbpp.gov.ae/pdfs/Ac_EN.pdf](https://www.dxbpp.gov.ae/pdfs/Ac_EN.pdf).
			<li> The National News. "Changes to UAE Criminal Arrest Laws Give Suspects More Rights." [https://www.thenationalnews.com/uae/courts/changes-to-uae-criminal-arrest-laws-give-suspects-more-rights-1.1224460](https://www.thenationalnews.com/uae/courts/changes-to-uae-criminal-arrest-laws-give-suspects-more-rights-1.1224460).
			<li> UN Office of the High Commissioner for Human Rights. "Arab Charter on Human Rights 2005." [https://www.ohchr.org/sites/default/files/Documents/Issues/IJudiciary/Arab-Charter-on-Human-Rights-2005.pdf](https://www.ohchr.org/sites/default/files/Documents/Issues/IJudiciary/Arab-Charter-on-Human-Rights-2005.pdf).
			<li> Ras Al Khaimah Public Prosecution. [https://rakpp.rak.ae/en/Laws/Laws%20of%20the%20United%20Arab%20Emirates/Laws/%D9%82%D8%A7%D9%86%D9%88%D9%86%20%D8%A7%D9%84%D8%B9%D9%82%D9%88%D8%A8%D8%A7%D8%AA%20%D8%B1%D9%82%D9%85%203%20%D9%84%D8%B3%D9%86%D8%A9%201987.pdf](https://rakpp.rak.ae/en/Laws/Laws%20of%20the%20United%20Arab%20Emirates/Laws/%D9%82%D8%A7%D9%86%D9%88%D9%86%20%D8%A7%D9%84%D8%B9%D9%82%D9%88%D8%A8%D8%A7%D8%AA%20%D8%B1%D9%82%D9%85%203%20%D9%84%D8%B3%D9%86%D8%A9%201987.pdf).
			<li> UAE Ministry of Justice. [https://elaws.moj.gov.ae/engLEGI.aspx](https://elaws.moj.gov.ae/engLEGI.aspx).
			<li> UK Government. "Arrested or in Prison in the UAE." [https://www.gov.uk/guidance/arrested-or-in-prison-in-the-united-arab-emirates-uae](https://www.gov.uk/guidance/arrested-or-in-prison-in-the-united-arab-emirates-uae).
			<li> Human Rights Watch. "UAE Prisoners Denied Lifesaving HIV Treatment." [https://www.hrw.org/news/2019/11/04/uae-prisoners-denied-lifesaving-hiv-treatment](https://www.hrw.org/news/2019/11/04/uae-prisoners-denied-lifesaving-hiv-treatment).
			<li> Human Rights Watch. "UAE Cancer-Stricken Prisoner Ill-Treated." [https://www.hrw.org/news/2019/02/26/uae-cancer-stricken-prisoner-ill-treated](https://www.hrw.org/news/2019/02/26/uae-cancer-stricken-prisoner-ill-treated).
			<li> Tamimi & Co. "An Overview of Criminal Proceedings in Dubai." [https://www.tamimi.com/law-update-articles/an-overview-of-criminal-proceedings-in-dubai/](https://www.tamimi.com/law-update-articles/an-overview-of-criminal-proceedings-in-dubai/).
			<li> Tamimi & Co. "Right of Defence is Guaranteed by UAE Federal Supreme Court." [https://www.tamimi.com/law-update-articles/right-of-defence-is-guaranteed-by-uae-federal-supreme-court/](https://www.tamimi.com/law-update-articles/right-of-defence-is-guaranteed-by-uae-federal-supreme-court/).
			<li> UN Office of the High Commissioner for Human Rights. "UAE Report." [https://www.refworld.org/pdfid/48eca8132.pdf](https://www.refworld.org/pdfid/48eca8132.pdf).
			<li> HG Legal Resources. "Bail Procedure in UAE." [https://www.hg.org/legal-articles/bail-procedure-in-uae-42685](https://www.hg.org/legal-articles/bail-procedure-in-uae-42685).
			<li> STA Law Firm. "Non-Retroactivity of the Law." [https://www.stalawfirm.com/en/blogs/view/non-retroactivity-of-the-law.html](https://www.stalawfirm.com/en/blogs/view/non-retroactivity-of-the-law.html).
			<li> Al Rowaad Advocates. "Litigation Matters in UAE." [https://www.alrowaad.ae/legal-blog/litigation-matter-uae/](https://www.alrowaad.ae/legal-blog/litigation-matter-uae/).
			<li> Charles Russell Speechlys. "Business Crime Law and Regulations UAE 2023." [https://www.charlesrussellspeechlys.com/en/insights/expert-insights/litigation--dispute-resolution/2022/business-crime-law-and-regulations-uae-2023/](https://www.charlesrussellspeechlys.com/en/insights/expert-insights/litigation--dispute-resolution/2022/business-crime-law-and-regulations-uae-2023/).
			<li> Global Investigations Review. "Privilege in UAE." [https://globalinvestigationsreview.com/insight/know-how/privilege/report/united-arab-emirates](https://globalinvestigationsreview.com/insight/know-how/privilege/report/united-arab-emirates).
			<li> Bird & Bird. "Rules of Evidence in Civil Proceedings - UAE." [https://www.twobirds.com/-/media/disputes-plus/files/pdfs/various-qas---april-2020/rules-of-evidence-including-crossborder-evidence-in-civil-proceedings-qanda-united-arab-emirates.pdf](https://www.twobirds.com/-/media/disputes-plus/files/pdfs/various-qas---april-2020/rules-of-evidence-including-crossborder-evidence-in-civil-proceedings-qanda-united-arab-emirates.pdf).
			<li> Legal 500. "Appeal Procedure Before UAE Courts." [https://www.legal500.com/developments/thought-leadership/appeal-procedure-before-uae-courts/](https://www.legal500.com/developments/thought-leadership/appeal-procedure-before-uae-courts/).
			<li> The National News. "Arrested in the UAE? Here’s What You Need to Know." [https://www.thenationalnews.com/uae/arrested-in-the-uae-here-s-what-you-need-to-know-1.463561](https://www.thenationalnews.com/uae/arrested-in-the-uae-here-s-what-you-need-to-know-1.463561).
			<li> Wikipedia. "Legal System of the United Arab Emirates." [https://en.wikipedia.org/wiki/Legal_system_of_the_United_Arab_Emirates](https://en.wikipedia.org/wiki/Legal_system_of_the_United_Arab_Emirates).

IBJadmin: /* Rights in Prison */

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Rights in Prison

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 ==Rights in Prison==
 <br><br><br>
 ==Resources==

IBJadmin: /* Court Procedures */

2025-03-03T15:27:58Z

Court Procedures

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 ==Court Procedures==
+The United Arab Emirates procedures governing criminal cases in court are primarily outlined in <u>Federal Law No. 35 of 1992, known as the Criminal Procedure Law.</u> This law delineates the processes from investigation through trial, sentencing, and appeals.
-<table border="1">
+<br> <table border="1">
    <tr>
      <td>'''PRE-TRIAL'''</td>
-     <td>
+     <td> <br>
 </td>
    </tr>
-   <tr>
+<tr>
      <td>'''SENTENCING'''</td>
-     <td>
+     <td><br>
-</td>
+Upon a guilty verdict, the court imposes a sentence based on the severity of the offense.
    </tr>
    <tr>
      <td>'''APPEALS'''</td>
-     <td>
+     <td><br>
 </td>
    </tr>

IBJadmin: /* Pre-Trial Procedure */

2025-03-03T15:03:07Z

Pre-Trial Procedure

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	<br> The complainant files the complaint where the criminal offence took place .		<br> The complainant files the complaint where the criminal offence took place .
	<br><br>'''Arrest, Search and Seizure Laws:'''		<br><br>'''Arrest, Search and Seizure Laws:'''
	~~<br><br> ''STOPS AND FRISKS (Preventive Searches)''~~

	<br><br>''ARRESTS''		<br><br>''ARRESTS''
	<br> An individual can be legally arrested for 48 hours at a local police station . When you are arrested, the police should inform you of why you’ve been arrested and your rights, which include :		<br> An individual can be legally arrested for 48 hours at a local police station . When you are arrested, the police should inform you of why you’ve been arrested and your rights, which include :
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	<li> To request a visit from family, friends or consular staff		<li> To request a visit from family, friends or consular staff

	<br><br>''SEARCHES''		<br><br>''SEARCHES AND FRISKS''
			<br>No one may be arrested, searched, detained or imprisoned except under the circumstances and conditions mentioned in the law according to the UAE Constitution.
			<br>A judicial officer can search the accused when their arrest is allowed by law, and the accused ‘may be frisked for what might be on their body, clothes or belongings, related to the crime or required for the investigation.
			<br><br>If the accused is female :
			<li>A female assigned by the judicial officer should take an oath and then carry out the search
			<li>Witnesses attending the inspection should also be females.
			<br><br> For the search of the accused’s home to be authorised there must be a search warrant from the public prosecution unless the defendant was caught red-handed and with strong hints that the defendant was hiding in his house, such objects or papers which might uncover the truth.
	<br><br>''PRE-TRIAL DETENTION''		<br><br>''PRE-TRIAL DETENTION''
			<br>You can be legally detained pretrial for 48 hours at a local police station, once transferred to public prosecution, you can be detained for 24 hours prior to the formal investigation, but this can be extended for a maximum of 24 days and the court can extend the detention period for renewable 14-day periods .
	<br>~~<br>''ENFORCING THE RULES (Exclusionary Rule~~, ~~Nullity~~, and ~~other protections)''~~

	~~<br><br>'''Lineups and Other Identification Procedures:'''~~


	<br><br>'''Interrogation:'''		<br><br>'''Interrogation:'''
			<br> Before a formal charge in court, after initial interrogation, police have 48 hours to refer the suspect to the public prosecution .
			<br>A prosecutor will review the case, refer the case to a section of the prosecution department, and then a date is set for the suspect to be interrogated by prosecutors.

	<br><br><br>		<br><br><br>

IBJadmin: /* Pre-Trial Procedure */

2025-03-03T13:31:14Z

Pre-Trial Procedure

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	==Pre-Trial Procedure==		==Pre-Trial Procedure==

	~~<br><br>~~ '''POLICE PROCEDURES'''		'''POLICE PROCEDURES'''
	<br><br>'''Complaint/Information'''		<br><br>'''Complaint/Information'''
			<br> The initial step to set off criminal proceedings is a victim filing a claim against the accused before the police.
	<br>'''Arrest, Search and Seizure Laws:'''		<br>The complaint needs to set out the incident that occurred and sequence of events pertaining to the criminal offence [this] may be formal (in writing) and by way of an oral statement before the police which will be recorded in Arabic and signed by the complainant.
			<br> The complainant files the complaint where the criminal offence took place .
			<br><br>'''Arrest, Search and Seizure Laws:'''
	<br><br> ''STOPS AND FRISKS (Preventive Searches)''		<br><br> ''STOPS AND FRISKS (Preventive Searches)''

	<br><br>''ARRESTS''		<br><br>''ARRESTS''
			<br> An individual can be legally arrested for 48 hours at a local police station . When you are arrested, the police should inform you of why you’ve been arrested and your rights, which include :
			<li> To ask for a sworn legal Arabic translator
			<li> To appoint a defence lawyer of your choice
			<li> To ask for bail
			<li> To make phone calls (international calls may not be possible)
			<li> To request a visit from family, friends or consular staff

	<br><br>''SEARCHES''		<br><br>''SEARCHES''

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-03-03T13:28:45Z

Means of Protecting and Enforcing Rights

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	==Means of Protecting and Enforcing Rights==		==Means of Protecting and Enforcing Rights==

	<li><u>~~Exclusionary rule~~</u>		<li>'''Exclusionary rule'''
	<li><u>Nullity of Procedure</u>		<br> Exclusionary rules permit parties to refuse to disclose a document and/or prevent them from using certain types of evidence.
	<li><u>~~Contempt~~</u>		<br><u>Articles 22 to 34 of the Evidence Law</u> state grounds on the basis of which the admissibility of evidence can be challenged, and this includes the inauthenticity or forgery of a document.
			<br><u>Articles 5, 7 and 9 to 10 of the Electronic Transactions Law</u> stipulate the rules of evidence in the UAE in respect of electronic records and lay out the procedure by which such records that do not meet the necessary conditions may be challenged .
			<br><br>Although Evidence Law does make a reference to the process for challenging the admissibility of evidence ‘a party is likely to submit such a challenge during the next hearing after receipt of the evidence in question’ . <br>As stated above, and subject to the exceptions listed, lawyers are barred from disclosing confidential information they have acquired in the course of their role as counsel .
			<br><br><li>'''Nullity of Procedure'''
			<br><u>According to Articles 166 of the Civil Procedures Law and 242 of the Criminal Procedures Law</u>: ‘If the Court of Appeal deems that there is nullity in the judgement or procedures which affected the decision of the court of first instance, then it will cancel the decision’ , and may then rejudge the case.
			<br><br><li>'''Contempt'''
			<br><u>Federal Decree Law No. 31 of 2021, on the Issuance of the Crimes and Penalties Law</u> states instances that relate to contempt of court, though the term is not explicitly used: examples of acts mentioned include as perjury, forging fake documents, delivering false testimonies .
	<br>		<br>
	<br><br>		<br><br>

IBJadmin: /* Rights of Counsel */

2025-03-03T13:17:54Z

Rights of Counsel

← Older revision		Revision as of 15:17, 3 March 2025
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	==Rights of Counsel==		==Rights of Counsel==
			In the UAE ‘privilege’ in lawyer/client proceedings is not explicitly recognised but the <u>Code of Ethics </u> stipulates the duty of confidentiality regarding information a lawyer receives from their client in the course of the lawyer's duty.
			<br><u>The Legal Profession Regulations</u> also state a duty of confidentiality by explicitly prohibiting the disclosure of confidential client information by attorneys. In particular, attorneys are prohibited by law to disclose any client secrets, verbally or in writing, which they learned of by virtue of their status as an attorney; and disclose any information relating to cases assigned to them.

			According to the Legal Profession Regulations and the Code of Ethics there are the following exceptions to the duty of confidentiality :
			<li> A legal requirement or court judgment.
			<li> Consent of the client:
			<li> Disclosure to prevent the commission of an offence affecting a person’s life or safety, or one that would cause serious damage to property; and
			<li> The attorney, his or her partners, or his or her employees facing criminal or civil liability relating to the client’s affairs, or accusations of professional negligence and misconduct.

	<br><br>		<br><br>

IBJadmin: /* Rights of the Accused */

2025-03-03T13:16:17Z

Rights of the Accused

← Older revision		Revision as of 15:16, 3 March 2025
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	<li> '''Right not to be Tortured or Ill treated'''		<li> '''Right not to be Tortured or Ill treated'''
	<br><u>Article 26 of the UAE Constitution</u> states that ‘Personal liberty is guaranteed to all citizens. No person may be apprehended, frisked, detained or imprisoned except in accordance with the law. No person shall be subjected to torture or to degrading treatment’.		<br><u>Article 26 of the UAE Constitution</u> states that ‘Personal liberty is guaranteed to all citizens. No person may be apprehended, frisked, detained or imprisoned except in accordance with the law. No person shall be subjected to torture or to degrading treatment’.
	However, there have been repeated reports of torture by the UAE government. In July 2022, the UN Committee against Torture, conducted a review of the UAE, which stated “particular concern that reports received detail a pattern of torture and ill-treatment against human rights defenders and persons accused of offences against State security who, by virtue of the State security or terrorism charges against them, are subject to a legal regime with fewer and more restrictive procedural guarantees” .
	<br>		<br>
	<br>		<br>

	<li>'''Right to Medical Care:'''		<li>'''Right to Medical Care:'''
			<br>During detention, the UAE government is responsible for ensuring the basic medical needs of the accused are met . The prisons do not have mental health specialists so the accused would have to request an appointment to speak to the general prison doctor about such matters . <br>As Michael Page, Middle East director at Human Rights Watch states: “The UAE has an obligation to provide health care [...] to all prisoners in their custody without discrimination,” as denying, delaying, and interrupting treatment violates the right to health and potentially the right to life.
	<br>		<br>
	<br>		<br>
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	<li>'''Right to be Informed of Charges:'''		<li>'''Right to be Informed of Charges:'''
			<br><u>Federal Decree Law Number 28 co</u> changed the law in 2020 to confirmed that a suspect must be informed of their crime upon detention .
			<br>Typically, following a statement being put forward to the police by the complainant, the police will contact the accused to take their statement, allowing the accused to inform them of witnesses who may testify in their favour .
	<br>		<br>
	<br>		<br>
	<li>'''Right to Presumption of Innocence:'''		<li>'''Right to Presumption of Innocence:'''
			<br>The UAE Penal Code presumes that an accused is innocent until proven guilty. No criminal penalty may be imposed on anyone until his guilt is proved according to the law. No person shall be held accountable for the crime of another person.
	<br>		<br>
	<br>		<br>

	<li>'''Right Against Self-Incrimination:'''		<li>'''Right Against Self-Incrimination:'''
			<br><u>Federal Decree Law Number 28</u> changed the criminal law in the UAE so that the right to remain silent is enshrined in law, without any presumption of guilt by doing so.

	<br>		<br>
	<br>		<br>
	<li> '''Right to Present a Defence:'''		<li> '''Right to Present a Defence:'''
			<br><u>The Federal Supreme Court of the UAE</u> has delivered rulings which confirm that ‘the right of a defendant to present his defence should be respected by the courts of the UAE’ .
	<br>		<br>
	<br>		<br>
	<li>'''Right to Due Process:'''		<li>'''Right to Due Process:'''
			<br><u>The UAE Criminal Procedural law</u> dictates that no one can be arrested, detained or imprisoned except as proscribed by the law.
			<br>‘Detention or imprisonment may take place only in places designated for that purpose and for the period specified in the warrant issued by the competent authority[and] Law enforcement authorities may not enter into any place of residence except under the circumstances specified in the UAE Criminal Procedural Law, or in case of a request for assistance from the resident who could be under a serious threat to his life or property’ .
	<br>		<br>
	<br>		<br>
	<li> '''Right to Equal Protection of the Laws:'''		<li> '''Right to Equal Protection of the Laws:'''
			<br><u>Article 1 of UAE’s Federal Decree Law Number 2(2015)</u> defines discrimination as ‘any distinction, limitation, exception, or preference among individuals or communities on the basis of religion, belief, sec, faith, creed, race, colour or ethnic origin’.
			<br> <u>Article (25) of the Constitution</u>, states: "All individuals are equal before the law without distinction between citizens of the Union because of race, origin, religion or social status" .
			<br><u>Article 6 of Federal Decree Law, Number 2(2015)</u>: Discrimination by any form by any means [thus including under the law] is a criminal offence and the person committing such a crime shall be liable to punishment.
	<br>		<br>
	<br>		<br>
	<li>'''Right to Bail''':		<li>'''Right to Bail''':
			<br><u>According to Article 111 of the UAE Criminal Procedure Law</u>: bail decisions are issued on the basis of a request from the accused or their lawyer and before the transfer of the case to the court, the Public Prosecution has the right to decide on bail in all stages of the investigation . The Public Prosecution can provisionally release the accused through bail unless the probable punishment is a death sentence or life imprisonment for the crime they have committed or the accusation they are charged with .
	<br>		<br>
	<br>		<br>
	<li>'''Right Against Ex Post Facto Prosecution:'''		<li>'''Right Against Ex Post Facto Prosecution:'''
			<br><u>Article (27) of the UAE Constitution</u> rules that a person may not receive punishment for an act or omission of an act committed prior to the relevant law being implemented . Thus, this means that a person in the UAE ‘cannot be charged retrospectively for an act or omission committed in the past that was not a crime previously but has now become a crime’ as there was no criminal intent while committing.
	<br>		<br>
	<br>		<br>

	<li>'''Right Against Double Jeopardy:'''		<li>'''Right Against Double Jeopardy:'''
			<u>Article 92 of Federal Law Number 11 of 1992 on Civil Procedure Code</u> states: “Any defence during the court hearing for disregarding the case due to already being adjudicated upon will be accepted by the court, and the court shall decide on the matter on their motion’’.
	<br>		<br>
	<br>		<br>

	<li>'''Right to a Fair Trial:'''		<li>'''Right to a Fair Trial:'''
			<br>The UAE applies civil and Islamic laws that do not contain the right to jury .
	<ul><li><u>Right to a Speedy Trial</u>:		'''<ul><li><u>Right to a Speedy Trial</u>:'''
			<br>To support the right to a speedy trial Reference <u>Federal Decree No. 10 of 2017 amended the Civil Procedures Law</u> to introduce the use of remote communication technologies . In Dubai the C3 Court, became the first in which the three courts (first instance, appeal and supreme court) hear each other concurrently- this ‘reduces the total time frame for the three proceedings for each case from 305 days to 30 days.’
			'''<li><u>Right to an Impartial Judge</u>:'''
			<br><u>Article 94 of the UAE Constitution</u> states that ‘Justice is the basis of rule’ which entails that judges shall be independent and not subject to any influence or authority but the law and their conscience. </ul>
	<li><u>Right to an Impartial Judge</u>: </ul>

	<br>		<br>
	<li> '''Right to Language Interpretation:'''		<li> '''Right to Language Interpretation:'''
			<br><u>Article (12) of Law No. 23 of 2006 on the Judicial Department in the Emirate of Abu Dhabi</u> states: "Arabic is the language of the courts, and a certified interpreter shall be present when necessary" .
			<br><u>The Federal Civil Procedure Code No. 11 of 1992</u> also states: "The language of courts shall be Arabic, and the court shall hear the statements of litigants, witnesses, or others who are ignorant of Arabic through an interpreter who has taken the oath, unless he swore the oath on his appointment, or on giving him a licence for translation".
	<br>		<br>
	<br>		<br>
	<li>'''Right to Habeas Corpus:'''		<li>'''Right to Habeas Corpus:'''
			<br>According to a report by the International Commission of Jurists: ‘UAE law does not appear to establish a habeas-corpus procedure, and in particular does not set a timeframe within which a court must decide a detainee’s challenge to their detention.
			<br>This is inconsistent with <u>Article 14(6) of the Arab Charter and the right to liberty</u>. The absence of such a procedure, in the ICJ’s view, facilitates arbitrary detention, torture and other ill-treatment and other serious human rights violations’
	<br>		<br>
	<br>		<br>

	<li>'''Capital Punishment:'''		<li>'''Capital Punishment:'''
			<br>In rare cases, the death penalty can be applied if a panel made up of three judges agrees on a sentence to death and the UAE President also confirms.
			<br>These crimes have a maximum penalty of a sentence to death :
			<br>- Crimes affecting the security and interests of the State
			<br>- Crimes affecting the state’s internal security
			<br>- Perjury, false oaths and abstention from testifying
			<br>- Crimes perpetrated upon persons (e.g. premeditated murder, rape leading to death, adultery, violation of freedom leading to death)
			<br>- Drug trafficking or promotion
	<br>		<br>
	<br>		<br>
	<li>'''Right to Appeal:'''		<li>'''Right to Appeal:'''
			<br><u>Article 230 of the UAE Criminal Procedures Law</u> states that you can appeal a criminal verdict of the First Instance Criminal Court. The appeal can be requested by the accused, the prosecutor and/or the Attorney General .
			<br>Following a guilty verdict, the sentence is appealable by the accused, the prosecutor and the Attorney General . ‘The appeal shall not stop the enforcement of the first instance verdict unless the court that issued the verdict states otherwise or the accused obtains a stay order from the Court of Appeal’ . <br>For capital punishment cases, first-instance verdicts are automatically appealed and stayed .
			<br><u>Article 239 of the Constitution</u> allows the Court of Appeal to hear its own witnesses not heard before in the First Instance Criminal Court and to fulfil other shortcomings in the prior court’s investigative procedures, e.g. through any investigation, hearing or witness . When the Court of Appeal upholds the appeal, it may cancel/amend trial court decisions in favour of the appellant .
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IBJadmin: /* Rights of the Accused */

2025-03-03T11:29:56Z

Rights of the Accused

← Older revision		Revision as of 13:29, 3 March 2025
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	<li>'''Right Against Unlawful Detention:'''		<li>'''Right Against Unlawful Arrests, Searches, Seizures and Unlawful Detention:'''
			<br> <u>According to the Bill of Rights for the Accused in the UAE Criminal Procedural Law</u> ‘no one may be arrested, searched, detained or imprisoned except under the circumstances and conditions mentioned in the law’ .

			<br><br>According to the <u>Chapter II, Article (240) of the UAE Penal Code</u>: ‘Detention shall be the punishment imposed upon any public office holder or person in charge of a public service who arrests, detains or remands a person in cases other than those provided for in the law’ .

			<br><br>According to <u>Chapter II on violation of freedom, Article (344) of the UAE Penal Code</u>: Whoever illegally kidnaps, arrests, detains or deprives a person of his freedom, whether by himself or through another by any means without lawful justification, shall be punished by term imprisonment; however, punishment shall be life imprisonment in the following cases:
			<ol><li>If the act results from assuming a public capacity or pretending to be performing or in charge of a public service, or making false contact.
			<li>If the act is committed by trickery, by force, by threat of killing or serious injury, or by inflicting physical or psychological torture.
			<li>If the act is committed by two or more persons, or by an armed person.
			<li>If the period of kidnapping, arrest, detention or deprivation of freedom exceeds one month.
			<li>If the victim is a female, a minor, an insane individual or an imbecile.
			<li>If the purpose of the act is profit, revenge, rape of the victim, a violation of his or her honor, causing injury to him or to her, or forcing him to commit a crime.
			<li>If the act is perpetrated against a public office holder in the course of his duties or in pursuance thereof.
			<li>If the act leads to death of the victim, punishment shall be the death penalty or life imprisonment.
			Punishment prescribed for the principal offender shall apply to anyone who becomes an
			intermediary to any of the crime. </li></ol>
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			<li> '''Right not to be Tortured or Ill treated'''
			<br><u>Article 26 of the UAE Constitution</u> states that ‘Personal liberty is guaranteed to all citizens. No person may be apprehended, frisked, detained or imprisoned except in accordance with the law. No person shall be subjected to torture or to degrading treatment’.
			However, there have been repeated reports of torture by the UAE government. In July 2022, the UN Committee against Torture, conducted a review of the UAE, which stated “particular concern that reports received detail a pattern of torture and ill-treatment against human rights defenders and persons accused of offences against State security who, by virtue of the State security or terrorism charges against them, are subject to a legal regime with fewer and more restrictive procedural guarantees” .
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	<li>'''Right Against Self-Incrimination:'''		<li>'''Right Against Self-Incrimination:'''

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			<li> '''Right to Present a Defence:'''
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			<li> '''Right to Equal Protection of the Laws:'''
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			<li>'''Right to Bail''':
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	<li>'''Right Against Ex Post Facto Prosecution:'''		<li>'''Right Against Ex Post Facto Prosecution:'''

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	<li>'''Right to a Fair Trial:'''		<li>'''Right to a Fair Trial:'''


	<li><u>Right to a Trial ~~by Jury~~</u>:		<ul><li><u>Right to a Speedy Trial</u>:



	<li><u>Right to ~~a Speedy Trial~~</u>:		<li><u>Right to an Impartial Judge</u>: </ul>



	~~<li><u>Right to an Impartial Judge~~</u>:

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			<li> '''Right to Language Interpretation:'''
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