Introduction

The protection of individual liberty is a fundamental principle embedded within the legal system of UAE. The rights of arrested persons are primarily governed by Federal Decree-Law No. 38 of 2022 on the Promulgation of the Criminal Procedure Law, alongside UAE Constitution. These legal instruments establish procedural safeguards to ensure that arrests and detentions are conducted lawfully, fairly, and with due respect for human dignity.

Constitutional Safeguards

UAE Constitution provides the foundational guarantees for personal liberty and due process.

  1. Article 26 of the Constitution stipulates that personal liberty is guaranteed to all citizens and no person may be arrested, searched, detained, or imprisoned except in accordance with the law.
  2. Article 28 establishes the principle of presumption of innocence, stating that an accused person is innocent until proven guilty in a fair legal trial.

These provisions emphasise the constitutional commitment to protecting individuals from arbitrary arrest and unlawful detention.

Procedures for Arrest

The procedures relating to arrest are governed by Federal Decree-Law No. 38 of 2022 (Criminal Procedure Law).

  • Article 2 of the law affirms that criminal proceedings may only be initiated and conducted in accordance with the provisions of the law.
  • Articles 45–47 regulate the powers of law enforcement officers to arrest individuals, particularly in cases of flagrante delicto (caught in the act) or upon issuance of a warrant by the competent authority.

Arrest without legal justification or beyond the scope of these provisions constitutes a violation of procedural law.

  1. Right to be Informed of the Charges

Article 48 of the Criminal Procedure Law mandates that the arrested person must be informed immediately of the reasons for their arrest. The accused must also be made aware of the charges in a language they understand. This provision ensures transparency and allows the accused to exercise their right to defence effectively.

2. Right to Silence and Protection Against Self-Incrimination

Article 53 provides that the accused has the right to remain silent during interrogation. It further prohibits the use of coercion, torture, or inducement to obtain confessions. Any statement obtained in violation of this provision is considered legally invalid.

3. Right to Legal Representation

Article 54 guarantees the right of the accused to seek the assistance of a lawyer during investigation and trial. In cases involving serious crimes (felonies), the court must appoint a defence lawyer if the accused does not have one. This ensures that the accused receives adequate legal assistance and a fair opportunity to defend themselves.

4. Production Before Public Prosecution

Article 47 requires that an arrested person be presented before the Public Prosecution within 48 hours from the time of arrest. This provision acts as a safeguard against arbitrary and prolonged detention. The Public Prosecutor may order:

  • Release,
  • Pre-trial detention, or
  • Further investigation.

  1. Limits on Pre-Trial Detention

Articles 56–60 regulate the duration and extension of pre-trial detention. Initial detention periods are limited and may only be extended by the Public Prosecution or competent court under strict conditions. This ensures judicial oversight and prevents abuse of detention powers.

6. Right to Humane Treatment

Article 51 expressly prohibits physical or moral harm to the accused. It forbids torture, degrading treatment, or coercion in any form. Additionally, UAE is a signatory to international human rights conventions, reinforcing its obligation to uphold humane treatment standards.

7. Right to Contact Family and Consular Authorities

Article 49 provides that the arrested individual has the right to communicate with family members. Foreign nationals have the right to contact their embassy or consulate in accordance with international conventions such as the Vienna Convention on Consular Relations. This right ensures access to external support and legal assistance.

8. Right to Medical Care

While not confined to a single provision, the obligation to ensure the health and safety of detainees is inferred from procedural safeguards and detention regulations. Authorities must provide necessary medical care and allow medical examinations when required.

9. Right to a Fair Trial

Article 28 of the Constitution and various provisions of the Criminal Procedure Law collectively guarantee presumption of innocence, public hearings, right to present evidence, right to appeal judgments. These safeguards ensure that justice is administered impartially and transparently.

Conclusion

UAE legal system provides a comprehensive framework to protect the rights of arrested persons through constitutional guarantees and detailed statutory provisions under Federal Decree-Law No. 38 of 2022. These safeguards reflect a balance between maintaining public order and ensuring individual freedoms.

Strict adherence to these provisions is essential to uphold the rule of law and reinforce confidence in the UAE’s criminal justice system. Continued awareness and enforcement of these rights remain crucial in a rapidly evolving legal landscape.