Legal changes that provide more rights for people who are arrested in the UAE have already had an impact on the justice system, one of the country’s most senior judges said.
Three amendments made to Federal Decree Law Number 35 of 1992, in particular, offer protection to suspects who have been accused of crimes, arrested and then brought in for questioning.
The changes were confirmed on September 30, 2020 in Federal Decree Law Number 28, shortly before the government changed a series of personal and family laws in November.
There were several significant changes:
– evidence obtained under duress or degrading treatment is inadmissible;
The UAE attracts many tourists and expatriates, which means there's a multitude of nationalities, The changes have been made with those differences in mind
– prosecutors and police are required to retain a translator who can be freely used by suspects;
– the right to remain silent is enshrined in law, without any presumption of guilt by doing so;
– a suspect must be informed of their crime upon detention.
Dr Ali Galadari, a judge in Dubai Court of Cassation, told The National that the changes have already had an impact nationwide, leading to some cases being thrown out by the courts.
"The minute these new laws were introduced officially they were implemented in all UAE courts, as they complete and add to previous regulations," Mr Galadari said.
“There were many cases in which the offender would have been found guilty before we implemented the current laws, after which they were seen as innocent and let go.”
Dubai lawyer Ludmila Yamalova, managing partner of HPL Yamalova & Plewka, said the right to a translator provided by the authorities is one of the most significant developments.
“Now a suspect’s lawyer could challenge and invalidate this type of evidence on the basis that it violates these new criminal procedure laws,” she said.
“We haven’t seen any publicity about these amendments, but to us as legal practitioners, these changes are very, very valuable.”
Changes part of broader legal overhaul
Now for a signed statement to be admissible in the UAE's judicial system, it needs to have been agreed by an official translator.
The UAE's commitment to offer such services to all suspects is a "fundamental change in the legal system," said Ms Yamalova.
“Most of what we do here in the UAE is English based, so it’s quite shocking to expats when all police and judicial proceedings are done in Arabic.
“Some people say things and sign off on things they don’t understand because they’re intimidated by the circumstances.”
The amendments are important for several reasons, said Mr Galadari.
“They go hand in hand with current economic and technical changes,” he said.
"Furthermore, the UAE is a country which attracts many tourists and expatriates, which means there's a multitude of nationalities, backgrounds and religious views to cater for.
“As such, the changes have been made with those differences in mind.
“Introducing these new laws and means of actions have helped the UAE become one of the world’s top countries, due to the laws being closer in line to international norms.”
Stuck in a job without a pay rise? Here's what to do
Chris Greaves, the managing director of Hays Gulf Region, says those without a pay rise for an extended period must start asking questions – both of themselves and their employer.
“First, are they happy with that or do they want more?” he says. “Job-seeking is a time-consuming, frustrating and long-winded affair so are they prepared to put themselves through that rigmarole? Before they consider that, they must ask their employer what is happening.”
Most employees bring up pay rise queries at their annual performance appraisal and find out what the company has in store for them from a career perspective.
Those with no formal appraisal system, Mr Greaves says, should ask HR or their line manager for an assessment.
“You want to find out how they value your contribution and where your job could go,” he says. “You’ve got to be brave enough to ask some questions and if you don’t like the answers then you have to develop a strategy or change jobs if you are prepared to go through the job-seeking process.”
For those that do reach the salary negotiation with their current employer, Mr Greaves says there is no point in asking for less than 5 per cent.
“However, this can only really have any chance of success if you can identify where you add value to the business (preferably you can put a monetary value on it), or you can point to a sustained contribution above the call of duty or to other achievements you think your employer will value.”
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New UK refugee system
- A new “core protection” for refugees moving from permanent to a more basic, temporary protection
- Shortened leave to remain - refugees will receive 30 months instead of five years
- A longer path to settlement with no indefinite settled status until a refugee has spent 20 years in Britain
- To encourage refugees to integrate the government will encourage them to out of the core protection route wherever possible.
- Under core protection there will be no automatic right to family reunion
- Refugees will have a reduced right to public funds
THE BIO
Ms Davison came to Dubai from Kerala after her marriage in 1996 when she was 21-years-old
Since 2001, Ms Davison has worked at many affordable schools such as Our Own English High School in Sharjah, and The Apple International School and Amled School in Dubai
Favourite Book: The Alchemist
Favourite quote: Failing to prepare is preparing to fail
Favourite place to Travel to: Vienna
Favourite cuisine: Italian food
Favourite Movie : Scent of a Woman
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Four motivational quotes from Alicia's Dubai talk
“The only thing we need is to know that we have faith. Faith and hope in our own dreams. The belief that, when we keep going we’re going to find our way. That’s all we got.”
“Sometimes we try so hard to keep things inside. We try so hard to pretend it’s not really bothering us. In some ways, that hurts us more. You don’t realise how dishonest you are with yourself sometimes, but I realised that if I spoke it, I could let it go.”
“One good thing is to know you’re not the only one going through it. You’re not the only one trying to find your way, trying to find yourself, trying to find amazing energy, trying to find a light. Show all of yourself. Show every nuance. All of your magic. All of your colours. Be true to that. You can be unafraid.”
“It’s time to stop holding back. It’s time to do it on your terms. It’s time to shine in the most unbelievable way. It’s time to let go of negativity and find your tribe, find those people that lift you up, because everybody else is just in your way.”
