United Arab Emirates
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Background
The United Arab Emirates is a federation founded in 1971, following the withdrawal of the British from the Arabian Gulf in 1968, after an agreement between the rulers of six of the Emirates (the seventh Emirate joined the federation in 1972) to create a sovereign nation. This union of 7 Gulf Kingdoms was made up of Abu Dhabi, Dubai, Sharjah, Umm al-Quwain, Fujairah and Ajman, with Ra’s al-Khaimah subsequently joining. Prior to this, the British had arrangements with individual Emirates leading to the establishment of an area called ‘The Trucial States’. This arrangement generally involved the Emirates guaranteeing that they would only cede territory over to the United Kingdom and that they would not engage with other foreign governments without Britain’s prior consent. In exchange, the British promised to protect the coast from aggression and to come to the Emirates’ assistance if they faced an attack by land.
From 1962, when the first cargo of crude oil was exported from Abu Dhabi, the economy steadily progressed leading to rapid improvements in infrastructure throughout the state, advancing the education and health care systems in place. In Dubai, following the decline of the prominent pearling industry the state became a part of the shopping industry making up for that lost revenue.
In 1969, Dubai also began exporting oil, with revenues similarly going a long way at improving infrastructure and quality of life. The UAE now has the world’s seventh largest oil and natural gas reserves and the seventh-highest GDP per capita .
The President of the UAE comes from Abu Dhabi, the nation’s capital, and since May 2022 has been Mohammed bin Zayed Al Nahyan. While the prime minister and vice president is the ruler of Dubai: Mohammed Bin Rashid Al Maktoum. The prime minister and the cabinet are appointed by a Supreme Council of Rulers who govern the UAE. The seven emirates have a significant amount of independence from each other.
The Legal system
The UAE adopts a primarily civil law legal system.
Alongside this civil system, Islamic Sharia law coexist as a main and dual source of legislation, as enabled by the Constitution . It has its basis in Roman law, the French civil codes, Sharia law and Egyptian law.
All important legislation is included in the UAE’s civil law system meaning that the nation has comprehensive, codified laws which can be brought to the courts. Sharia has primary jurisdiction in the UAE for personal status law matters for Muslims in the UAE, while non-Muslims follow the civil law for personal status law. Thus, Sharia covers family disputes e.g. inheritance, custody, child abuse and guardianship. In each of the 7 states, Sharia courts operate in parallel to the civil and criminal courts. There is less room for judicial interpretation and precedent as that statute is heavily emphasised. The legal system is reliant upon the supreme council of rulers, the president and the vice president, the council of ministers, the federal national council, and the Judiciary.
There is some common law incorporated, as the Dubai International Financial Centre utilises a legal and regulatory system based on common law to ensure flexibility which is conducive to favourable business conditions.
Legal Aid
There is some provision of state sponsored legal aid in the UAE. Free legal representation is provided by the government for a limited range of criminal cases. Under Federal Law No.35 of 1992, a defendant has the right to be represented by a government provided lawyer if a case involves a punishment which constitutes death penalty or life imprisonment - this is irrespective of financial position, case merit or immigration status.
Indigent persons, i.e. those in extreme poverty may also receive legal aid for certain felony cases, in the form of government-provided lawyers according to the government’s discretion . The government compensates these lawyers, and they typically work for private practices .
Regarding civil matters, the Abu Dhabi Justice Department works to provide free legal services (advocacy services and assistance with the payment of expert fees) to indigent people, including both plaintiffs and defendants. To be eligible you must be an Emirati national. The Dubai government offers similar free legal services, but these are more limited as they take the form of just an initial consultation with an attorney . However, it is offered to both indigent and non-indigent applicants.
Source of Defendants Rights
NATIONAL SOURCES OF DEFENDANT'S RIGHTS:
INTERNATIONAL SOURCES OF DEFENDANT'S RIGHTS:
Rights of the Accused
Rights of Counsel
Means of Protecting and Enforcing Rights
Pre-Trial Procedure
POLICE PROCEDURES
Complaint/Information
Arrest, Search and Seizure Laws:
STOPS AND FRISKS (Preventive Searches)
ARRESTS
SEARCHES
PRE-TRIAL DETENTION
ENFORCING THE RULES (Exclusionary Rule, Nullity, and other protections)
Lineups and Other Identification Procedures:
Interrogation:
Court Procedures
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| SENTENCING | |
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Rights in Prison
