Police Arrests – UAE

Posted by: M H
May 29, 2019

 

Being arrested and put on trial in the UAE can be a confusing and even terrifying experience as you do not understand the language or know your legal rights.

Similar to any other embassies or consulates, the Philippine Embassy and Consulate cannot interfere in any judicial process. The embassy or consulate cannot get you out of prison, prevent the immigration authorities from deporting you or investigate a crime or the circumstances of your arrest.

What will happen if I am arrested?

The police authorities have the power to detain an arrested person for up to 48 hours. If investigations cannot be completed within the 48-hour limit, the police can request a one-week extension from the public prosecutor, which in most instances are always granted.

After the investigation, the police will refer the case to the public prosecutor. It is the public prosecutor (not the police) who has the power to dismiss the case. In minor cases, the case may be dropped if both parties make a statement before the police. Once the case has reached the Public Prosecutor, it can only be dropped upon approval of the Public Prosecutor, even if the complainant gives his consent.

What will happen during the investigation?

The public prosecutor initially can detain the accused for up to 21 days or grant bail (by depositing the passport of the accused).

During the investigation, the public prosecutor may interview you and any witnesses. When there is enough evidence, the investigation stage will be terminated and the case is endorsed to the court for trial.

At this stage, you should get a copy of your indictment which detail the legal definition of the crime, when and where it took place as well as the applicable criminal laws.

Can I be released on bail?

For minor offenses, such as issuance of a bounced cheque, bail can be granted by the police but only before the case is referred to the public prosecutor. Once the case has been referred to the public prosecutor only he can grant bail.

For major offenses, bail can be granted by a public prosecutor on or when referred to trial, by a judge. You or your lawyer should ask for bail when you meet the public prosecutor or judge. Failing that, written representations for bail from you or your lawyer can be submitted at any time during the proceedings.

The conditions for bail vary on the circumstance of the case but generally will include:

• Surrendering your passport to the police
• Surrendering the passport of your bail guarantor. Your bail guarantor usually has to be male with a valid UAE Residency. If you should fail to report to the local authorities, your guarantor will be liable for fine or a period of detention.

What will happen during the trial?

When the judge receives the indictment, the date for the first hearing* will be set. The judges are responsible for carrying out a wide range of enquiries. In fact, the judge will ask most of the questions. However, the judge may not want to question you, and you may find that you are not asked any questions at all. The rules of evidence are different from the Philippine rules and the UAE court can consider all evidence, including hearsay. It is the judge’s discretion to consider the police and forensic reports.

*There is no time limit within which the case must be heard. It may take longer for a decision to be made in serious or complicated cases. During and one month after Ramadan, only a limited number of cases will be considered.

The official language during the trial is Arabic and courts are not responsible for translating the proceedings in English. A transcript of the court proceedings is available after the hearing which you can bring to a legal translator.

What if I cannot afford a lawyer?

Unlike in the Philippines, there is no free public attorney’s office in the United Arab Emirates. If you cannot afford a lawyer, you will have to represent yourself. The courts will only appoint a lawyer if the charges against you is punishable by death or life imprisonment (means jail sentence of at least 25 years).

Can I appeal the judgement?

If the judgement is not favorable, you can appeal against the sentence. If you have not appointed during the initial stage, you should consider appointing one during the appeal stage.

Within 15 days from judgement, you must submit your appeal to the Appeal Court. This can be submitted by you through the prison authorities or by your lawyer. If the appeal is unsuccessful, you may appeal within 30 days of the appeal court judgement, to the Court of Cassation.

Prison Conditions

If proven guilty, you will be transported from the police station or court to the central prison in handcuffs and leg chains.

Upon arrival at the prison, you will be subjected to an intimate body search and your head will be shaved (females do not have their heads shaved). A blood sample will be taken to test for HIV/AIDS (there is a separate wing for prisoners who are HIV+). All of your possessions will be taken away and stored securely. You will be issued with a uniform. The colour of the uniform is relevant to the sentence you have received: White for one year or less, yellow for 1-10 years and red for over 10 years.

Release and Deportation

If your sentence includes deportation, you will be deported back to the Philippines once your prison term has been served. You must finance your deportation and you will be kept in prison until you have arranged for your air ticket. If you can’t afford a ticket, you will remain in prison while the UAE Government arranges the deportation at its own expense. This may take a very long time.

If you are sentenced to deportation, you will be transported in shackles to the airport to leave the country. You will then be taken to the airport police station and put in the custody of the immigration police. The immigration police will escort you to the plane.

Amnesty

There are periodic declarations of amnesties. The usual requirements for consideration are that you have completed half of your sentence, and have been a “model” prisoner, i.e. you do not have any disciplinary reports on your internal prison file.

Clemency

Clemency can be granted by the ruler of the emirate in which your case has been heard. You can apply for clemency once all appeal rights have been exhausted. There is only one opportunity to appeal for clemency so you should prepare your case carefully.

You should submit a letter to the director of the Ruler’s Court. The letter should give reasons why clemency should be granted. Maximum length is 1 page and should be in Arabic.

Presidential Pardon

Presidential pardons are granted by the UAE President and your letter should be addressed to him.

Your written plea will be coursed through the Philippine Embassy. The ambassador will forward it directly to the President’s office. The actual content of your letter of application for pardon will depend upon the circumstances of your case.

It is best to send clemency requests two months before the end of Ramadan.

Source:
GULF LAW
Essential OFW Guide to UAE
Author: Atty. Barney Almazar
http://www.gulflaw.info/index.php