March 16, 2023


Advocacy. Mediation. Success.

Dubai’s Criminal Justice Procedure

“It is really no distinct than we were in America a hundred yrs back, suitable right after or throughout the stop of the Victorian period,” mentioned Hamden. “Even although we are viewing globalization, in the metropolis that has defined globalization we are nonetheless observing a value procedure that continue to seems like new Victorians” (qtd. in “They wrecked me”, 2008). Victorian period is the time period from 1837 to 1901. This is how Dr. Raymond Hamden, a Lebanese-American psychiatrist who performs in the Dubai courts describes Dubai’s felony justice procedure. He more explained that whilst it has embraced modernization with high increase properties and pretty rich overall economy, its prison justice program is still an evolving one.

In prison courtroom, the equal defense ahead of the regulation does not typically extend to foreigners. The awesome economic advancement of Dubai is wholly dependent on millions of expatriates participating actively from corporate fiscal executives down to design and domestic positions. Emiratis, representing only 10% of the total residents are not adequate to fulfill the demands of a “double-digit economic progress” goaded by international investments, so even the courtroom personnel and legal professionals are foreigners.

Dubai offers of its corporate authorized program as honest and protective of international investors. Legal professionals, nonetheless deny this truth. In Dubai, the criminal offense of rape is termed “pressured homosexuality” as UAE law does not accept assault and rape of males. HIV and homosexuality are taboos and held in key in this bustling economical centre. These, outcome in rampant harassment of gays and foreigners. Individuals located to be homosexuals and contaminated with HIV are denied overall health treatment gains, quarantined and subjected to deportation proceedings.

According to a Western Diplomat who is familiar with the judicial procedure, equality exists only in principle, not in observe. It may possibly have strived very really hard to gain a fantastic status in delivering reasonable and fast dispositions of commercials statements, however, it is nevertheless battling to harmony a penal code deeply rooted in standard Islamic and Arabic society to the harm and prejudice of overpowering foreign people who are largely noncitizens.

In Dubai, flogging is not a exercise. Generally the authorities observes the Constitutional prohibition on arbitrary arrest and detention. Having said that, in delicate criminal situations, incommunicado detention is authorized in get not to imperil the investigation. There have been issues from diplomatic missions that they were not notified when their citizens were arrested and detained.

Accused can be questioned for days or even months devoid of the aid of authorized counsel mainly because a defendant can only avail of the services of a attorney soon after law enforcement investigation has been terminated. Acquittal is primarily based on “devoid of the slightest doubt of guilt” In other jurisdiction, conviction is based mostly on “guilt beyond realistic question.”

In cases involving killings, bails are authorized after payment of compensation called “blood funds” to the family of the sufferer. There is no formal process of bail. Short term release of detainees are manufactured only on deposit of dollars or passport or by means of own assurance of a man or woman signed in a assertion.

It can’t be denied that the Legal Justice Procedure in Dubai and other United Arab Emirates can’t or may possibly not cope up with the changing situations. Dubai’s lawful procedure continues to be a precarious challenged when it arrives to homosexuality and legal security of foreigners irrespective of its standing as the Arab world’s perfection of modernism and riches.