Oman

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Legal Resources for Oman SULTANI DECREE NO. (101/96) - Promulgating the Basic Statute of the State E-Learning Resources eLearning Courses for Criminal Defense lawyers

Background

Oman, officially the Sultanate of Oman, is an absolute monarchy located on the southeastern coast of the Arabian Peninsula. Under the leadership of Sultan Qaboos bin Said Al Said from 1970 until his death in 2020, Oman underwent significant modernization and legal reforms. The Basic Statute of the State, promulgated by Royal Decree 101/96 on November 6, 1996, serves as the country's constitution, outlining the framework for governance and citizens' rights.

The Legal system

Oman's legal system is a hybrid, incorporating elements of Islamic law (Sharia) and Anglo-Saxon (common law) principles. Article 2 of the Basic Statute declares Islam as the state religion and Islamic Sharia as the basis of legislation. Legislation is enacted through Royal Decrees and Ministerial Decisions, creating a blend of religious and secular laws.

Legal Aid

Omani law provides for state-sponsored legal aid in certain circumstances. Courts appoint public attorneys for indigent defendants, particularly in cases where the potential prison term is three years or more. Defendants have the right to consult with an attorney, and the prosecution and defense can present witnesses and evidence.

Non-Governmental Organizations (NGOs) Providing Pro Bono Legal Aid: Information regarding NGOs offering pro bono legal aid in Oman is limited. The legal aid framework is primarily state-driven, and there is a lack of documented involvement from NGOs in providing legal assistance.

Number of Lawyers: Specific data on the current number of practicing lawyers in Oman, both in criminal and civil law, is not readily available. The legal profession is regulated by the Ministry of Justice and Legal Affairs, which oversees the licensing and practice of lawyers in the country.

Source of Defendants Rights

National Sources of Defendant’s rights:
The Basic Statute of the State outlines several rights pertinent to defendants:
- Protection from Arbitrary Detention: Article 18 prohibits the arrest, search, detention, or imprisonment of individuals without adherence to the provisions of the law.
- Right to Legal Representation: Article 28 ensures that an accused person has the right to appoint someone capable of conducting their defense during trial.
- Presumption of Innocence and Fair Trial: Article 22 states that an accused person is presumed innocent until proven guilty in a fair trial, providing necessary guarantees for the exercise of their right of defense.

International Sources of defendant’s rights:
Oman is a member of the United Nations and has acceded to several international treaties that influence defendant rights, including:
- International Covenant on Civil and Political Rights (ICCPR). Oman has not ratified the ICCPR.
- UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT): Oman acceded to the CAT in 2020, committing to prevent torture and uphold the rights of individuals in detention.

Rights of the Accused

Double Jeopardy: Omani law prohibits subjecting an individual to trial or punishment more than once for the same offense after a final judgment has been rendered.

Legality Principle: An individual can only be prosecuted and punished for actions that are explicitly defined as offenses under Omani law at the time of their commission.

Presumption of Innocence: Article 22 of the Basic Law of the State (Oman’s Constitution) affirms the presumption of innocence, stating “a defendant is innocent until proven guilty after a legal trial giving him the necessary guarantees for the exercise of the right of defense in accordance with the law and that harming the defendant physically or morally is prohibited”

Standards of Proof and Conviction: A conviction requires clear and convincing evidence establishing the accused's guilt beyond a reasonable doubt. Article 193 of the Penal Procedures Code states: “if the accused denies that he is guilty or refuses to reply, the court shall initiate an investigation by hearing the witnesses and experts and take necessary action to examine evidences and cross-examine them in the order it deems necessary”

Procedure with Witnesses: Both the prosecution and defense have the right to call and cross-examine witnesses during the trial, ensuring a fair evaluation of testimonies. Article 197 of the Penal Procedures Code states: “The court shall hear prosecution witnesses and ask them questions it deems necessary. They shall then be questioned by a Public Prosecution member and then by the civil right claimant. The court shall subsequently hear the defense witnesses who shall then be questioned by the accused followed by Civil Right Officers. Later Public Prosecution member and the civil right claimant may cross-examine them”

Capital Punishment: capital punishment is prescribed for certain serious offenses, such as premeditated murder and acts threatening national security. The implementation of the death penalty is subject to stringent legal procedures to ensure fairness and justice.

Ex Post Facto Punishment: individuals cannot be prosecuted or punished under laws enacted after the commission of an alleged offense. This principle safeguards against retroactive criminal legislation.

Fair Trial Rights:

• Right to Habeas Corpus: Individuals have the right to challenge unlawful detention through judicial review, ensuring protection against arbitrary deprivation of liberty.
• Right to Medical Care: Detainees are entitled to necessary medical care during detention, ensuring their health and well-being are maintained.
• Right to a Fair Trial: Trials must be conducted publicly, impartially, and within a reasonable time frame, ensuring transparency and justice.
• Right to Notice of Charges: Accused individuals must be promptly informed of the charges against them in a language they understand, allowing for adequate preparation of their defense.
• Right Against Self-Incrimination: Individuals cannot be compelled to testify against themselves or confess guilt, protecting them from coercion.
• Right to a Speedy Trial: The legal framework emphasizes the prompt administration of justice to prevent undue delays and prolonged uncertainty.
• Right to an Impartial Judge: Judges are required to be impartial and have no personal interest in the cases they adjudicate, ensuring fair and unbiased proceedings.
• Right to Appeal: Convicted individuals have the right to appeal verdicts to higher courts, providing an opportunity for review and correction of potential errors.The Law of Criminal Procedure allows for appeals in various cases. Infraction and misdemeanor cases are tried directly before single-judge chambers and may be appealed to the chambers of first instance. Felony cases are tried before the criminal chambers of the appellate courts. Final judgments issued by the chambers of first instance acting in their appellate capacity and by the courts of appeal may be reviewed by higher courts, including the Supreme Court.
• Freedom from Prolonged Pre-Trial Detention: Omani law mandates that a suspect must be presented to the Public Prosecution within 24 hours of arrest. Detention beyond this period requires a court order, ensuring that individuals are not subjected to extended detention without judicial oversight.
• Freedom from Punishment: Individuals cannot be subjected to punishment without due process. Punishments must be prescribed by law, and arbitrary or extrajudicial penalties are prohibited.
• Right to a Trial by Jury: Oman's legal system does not utilize a jury system; trials are conducted by judges.

Rights of Counsel

Accused individuals have the right to legal representation during all stages of criminal proceedings. If a defendant cannot afford an attorney, the court may appoint one, particularly in cases involving severe penalties. This ensures that the accused can adequately defend themselves with professional legal assistance.

Means of Protecting and Enforcing Rights

Exclusionary Rule: Evidence obtained through illegal means, such as unauthorized searches or coercive interrogations, is inadmissible in court. Important to note that Oman is not a signatory of the Convention against torture. (Example: every statement or confession issues as a result of torture or material or moral compulsion shall be null and void and shall have no value for the purpose of substantiation)

Nullity: Procedures conducted in violation of legal requirements can be declared null and void, potentially leading to the dismissal of charges or retrials.

Civil Action: Individuals subjected to unlawful actions by authorities can pursue civil remedies for damages. This provides a legal avenue to seek compensation for rights violations.

Motions: Defense counsel can file motions to suppress unlawfully obtained evidence or to dismiss charges based on procedural violations. These legal instruments are essential for challenging the admissibility of evidence and ensuring fair proceedings.

Pre-Trial Procedure

Police procedures

In the Sultanate of Oman, police procedures are governed by the Penal Procedure Law (Royal Decree No. 97/1999) and the Omani Penal Code (Royal Decree No. 7/2018). These laws outline the protocols for handling complaints, conducting arrests, searches, seizures, interrogations, and identification procedures.

Complaint/Information: criminal proceedings typically commence when an individual or entity files a complaint with the Royal Oman Police (ROP). The police are responsible for receiving complaints, conducting preliminary investigations, and determining whether sufficient grounds exist to proceed with legal action.

Arrest, Search, and Seizure Laws:

• Stops and Frisks: The law permits police officers to stop and question individuals if there is reasonable suspicion of involvement in criminal activity. A frisk, or a limited pat-down search, may be conducted if the officer suspects the individual is armed or poses a threat.
• Arrests: An arrest can be made by the arresting officer under the following conditions: With a Warrant: Issued by the Public Prosecution based on evidence suggesting the individual's involvement in a crime. Without a Warrant: In cases where the individual is caught in the act of committing a crime (flagrante delicto) or when there is immediate necessity to prevent the person's escape.
• Pre-Trial Detention: After arrest, the suspect must be presented to the Public Prosecution within 24 hours. The Public Prosecution may order detention for up to 14 days during the investigation, with possible extensions subject to judicial approval.
• Searches: Searches of persons, residences, or vehicles generally require a warrant issued by the Public Prosecution. Exceptions exist in urgent situations, such as:
  • Consent: If the individual voluntarily agrees to the search.
  • Exigent Circumstances: Situations where evidence may be imminently destroyed or a suspect may escape.
• Lineups and Other Identification Procedures: Omani law does not explicitly regulate suspect identification through lineups or photographic arrays, though witness testimonies are protected and may be conducted via communication technology

Interrogation:
Before Formal Charge in Court: During the investigation phase, suspects have the right to:

• Be Informed of Their Rights: Defence lawyers can advise their clients to remain silent, but they have limited ability to intervene during interrogation
• Legal Representation: Suspects may have an attorney present during interrogations, but the lawyer’s role is restricted. Defence attorneys are not permitted to speak unless granted permission by the investigator.

After Defendant is Formally Charged: Once formal charges are filed:

• Access to Evidence: The defense has the right to review evidence against the defendant.
• Continued Right to Counsel: The defendant maintains the right to legal representation throughout the trial process.

Enforcing the Rules (Procedures to Protect Against Illegal Interrogation) - Protections include:
• Prohibition of Coercion: Any form of physical or psychological coercion during interrogation is illegal.
• Recording of Interrogations: Interrogations are often documented to ensure compliance with legal standards.
• Judicial Oversight: Courts review the admissibility of confessions and may exclude those obtained unlawfully.

Pre-Trial:
The pre-trial procedures in Oman are governed by the Omani Penal Procedure Law (Royal Decree No. 97/1999) and other relevant legislation. These procedures outline the steps from the initiation of a criminal investigation to the commencement of a trial.
1. Initiation of Criminal Proceedings

• Complaint Submission: Criminal proceedings usually begin with the filing of a complaint by a victim or a third party, or through law enforcement agencies.
• Police Investigation: The police play a key role in conducting initial investigations, gathering evidence, questioning witnesses, and detaining suspects if necessary.
• Public Prosecution Involvement: The Public Prosecution (Al Niaba) is responsible for leading criminal investigations and deciding whether to proceed with prosecution.

2. Investigation Phase

• Authority of the Public Prosecution: The Public Prosecution supervises investigations, interrogates suspects, and decides whether to proceed with formal charges. It can issue arrest warrants, search warrants, and orders for detention in serious offenses.
• Interrogation of the Suspect: The accused has the right to legal representation during questioning. Statements must be recorded in writing and signed by the accused. Forced confessions are inadmissible in court.
• Collection of Evidence: Law enforcement agencies and prosecutors gather evidence such as witness testimonies, forensic reports, and documents to support the case.

3. Arrest and Detention

• Arrest Procedures: A person can be arrested if there is reasonable suspicion of involvement in a crime. Upon arrest, the accused must be informed of their charges and legal rights.
• Preventive Detention: If necessary, an accused can be detained for up to seven days by the Public Prosecution. Further detention requires judicial approval, which can extend pre-trial detention depending on the severity of the offense.

4. Rights of the Accused During Investigation

• Legal Representation: Defendants have the right to a lawyer at all stages of criminal proceedings. In serious cases, state-appointed attorneys are provided for those who cannot afford legal representation.
• Right to a Fair Investigation: The accused has the right to remain silent and cannot be forced to confess. Torture and ill-treatment are prohibited under Omani law and international conventions signed by Oman.

5. Decision to Prosecute or Dismiss

• Public Prosecution’s Decision: After reviewing the investigation findings, the Public Prosecution decides whether to prosecute or dismiss the case due to lack of evidence. If charges are filed, a formal indictment is prepared and the case is referred to court.
• Bail Considerations: Bail may be granted depending on the nature of the crime, this money serves as a guarantee that the defendant will appear in court as required. Some serious offenses do not allow for pre-trial release.

6. Referral to Court

• Issuance of Charge Sheet: once a case is deemed prosecutable, a charge sheet specifying the offense, legal provisions, and evidence is submitted to the court.
• Pre-Trial Hearings: in some cases, preliminary hearings may be conducted to discuss procedural matters before the trial begins.

Initial Court Appearance: The accused is informed of the charges and their rights.

Charging Instrument: Formal charges are presented, detailing the alleged offenses. This document outlines the specific accusations against the defendant.

Preliminary Hearing: A session to assess whether sufficient evidence exists to proceed to trial. This hearing determines if the case has enough merit to move forward.

Pre-Trial Motions: Legal arguments made before trial, such as motions to dismiss or suppress evidence. These motions address legal issues that could affect the trial's outcome.

Discovery: The process by which both parties exchange evidence and information pertinent to the case. This ensures transparency and allows for adequate preparation.

Court Procedures

Trial:
Nature of the Trial: Trials are adversarial, with the prosecution and defense presenting their cases before a judge. This structure allows both sides to argue their positions.

• Defendant: The accused has the right to be present, testify, and present a defense.
• Lawyers: Both parties are represented by legal counsel.
• Expert Witnesses: Specialists may be called to provide testimony on technical aspects of the case.
• Judges: Judges oversee the proceedings, ensure legal standards are met, and render verdicts.
• Victims: Victims may have the opportunity to testify and provide impact statements.

Sentencing: Upon conviction, appropriate penalties are imposed based on the severity of the offense and applicable laws. Sentencing aims to balance justice, deterrence, and rehabilitation.

Appeals: grounds for appeal may include claims of inadequate legal representation. If counsel's performance was deficient and prejudicial, it could warrant a retrial. Appeals can be based on procedural errors, misinterpretation of the law, or new evidence. These factors can impact the fairness and accuracy of the trial. Legal avenues exist to challenge unlawful detention or convictions,

Rights in Prison

Conditions of Confinement: Prison regulations mandate that inmates be provided with adequate food, bedding, and exercise opportunities. The Standard Minimum Rules for the Treatment of Prisoners emphasize that no prisoner shall be punished unless informed of the offense alleged and given a proper opportunity to present a defense.

Immigrant Detention: Foreign detainees are subject to the same rights and conditions as Omani nationals. They are entitled to due process and the same standards of treatment during detention.

Right to Medical Care in Prison: Prisoners are entitled to necessary medical treatment during their incarceration. This includes access to healthcare services to maintain their well-being.

Mental Health Care: Access to mental health services is provided for inmates requiring such care. This ensures that prisoners with mental health needs receive appropriate treatment.

Restriction of Rights: Certain rights may be lawfully restricted during incarceration, but fundamental human rights must be respected. Any restrictions are subject to legal standards and oversight.

Women’s Rights in Prison: Female inmates have rights tailored to their specific needs, including considerations for pregnancy and childcare. This ensures that the unique needs of women are addressed within the prison system.

Resources

- Al Hamrani K and Mahmoud W, A Green Light to Prosecute: Lessons Learned from the Omani Ministry of Education Embezzlement Case (Al Tamimi & Co).

- Al Rashdi A, ‘Power of the Public Prosecution in Closing Criminal Complaints’ (Mondaq, 30 January 2025) https://www.mondaq.com/crime/1576372/power-of-the-public-prosecution-in-closing-criminal-complaints.

- Al-Rawahi S, ‘Crimes and Criminal Proceedings in Omani Criminal Justice System’ (2016) 21(11) IOSR Journal of Humanities and Social Science 48, DOI: 10.9790/0837-2111094858.

- Lawzana, 'The 10 Best Bail Bond Service Lawyers in Oman' (Lawzana, 2025) https://lawzana.com/bail-bond-service-lawyers/oman accessed 4 February 2025.

- Oman Human Rights Commission, 'Standard Minimum Rules for the Treatment of Prisoners' (OHRC, 23 April 2015) https://ohrc.om/en/?p=111 accessed 4 February 2025.

- Oman Penal Code (Royal Decree No. 7/2018).

- Omani Penal Code (Royal Decree No. 7/74) art 1 (legality principle).

- Omani Penal Code (Royal Decree No. 7/74) art 40 (death penalty execution).

- Saffioti G, Political Stability and Contemporary Challenges in the Sultanate of Oman (MA Thesis, LUISS Guido Carli University 2017/2018).

- Sultanate of Oman, The Penal Procedure Law (Royal Decree No. 97/1999).

- The Sultanate of Oman has officially acceded to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). This significant step was formalized through Royal Decree No. 45/2020, published in the Official Gazette on April 12, 2020.

- The World Bank, Legal Aid Programs in the Middle East and North Africa: Current Practices and Lessons from Other Regions (Human Rights Trust Fund).

- United Nations General Assembly, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment, UNGA A/10158 (23 July 1975).

- United Nations Office of the High Commissioner for Human Rights, Human Rights and Prisons: A Compilation of International Human Rights Instruments concerning the Administration of Justice (United Nations, 2005) https://www.ohchr.org/ accessed 4 February 2025.

- United States Department of State, Country Reports on Human Rights Practices for 2005: Oman (Bureau of Democracy, Human Rights and Labor, 8 March 2006).

- United States Department of State, Country Reports on Human Rights Practices for 2022: Oman (Bureau of Democracy, Human Rights and Labor, 2023).