The United Arab Emirates places significant emphasis on protecting human rights and ensuring justice, as reflected in its laws and regulations that guarantee the rights of defendants during the stages of investigation and trial. These rights are rooted in the UAE Constitution, criminal laws, and judicial procedures aimed at ensuring fair trials and safeguarding human dignity.
The right to presumption of innocence is a cornerstone of justice in the UAE. A defendant is presumed innocent until proven guilty in accordance with the law. This principle is enshrined in Article (28) of the UAE Constitution, ensuring that no person is convicted except after a fair trial that establishes their guilt.
Defendants have the right to be informed of the charges against them clearly and directly. They must also be notified of their legal rights immediately upon arrest, including the right to contact a lawyer and have legal representation during investigations.
Legal representation is a fundamental right, allowing defendants to appoint a lawyer to defend them at all stages of the investigation and trial. If a defendant cannot afford a lawyer, the state provides one at its expense, especially in serious criminal cases.
The right to silence is another critical safeguard. Defendants can choose to remain silent during investigations, and this cannot be taken as evidence of guilt. The law prohibits the use of force, coercion, or torture to extract confessions, ensuring that all statements are given freely and voluntarily.
Trials in the UAE are conducted before impartial and independent judges, ensuring transparency and justice. Defendants are given full opportunities to present their defense and are guaranteed a fair trial.
The UAE strictly prohibits arbitrary detention. No person can be arrested or detained without legal justification, and defendants must be presented to judicial authorities within 48 hours of their arrest.
Humane treatment is guaranteed to all defendants. Regardless of the accusations, their dignity must be preserved, and they are protected from torture or mistreatment during detention or investigation.
Defendants also have the right to present evidence and call witnesses to support their case. Courts are obligated to consider such evidence and allow defendants to fully exercise their right to a defense.
For non-Arabic-speaking defendants, the law provides translation services to ensure they fully understand the proceedings and their rights during investigations and trials.
The UAE’s judicial system demonstrates a strong commitment to upholding defendants' rights, achieving justice, and preventing violations. It aims to balance protecting society with ensuring individual rights, reinforcing the principles of justice and the rule of law. For legal advice or assistance in criminal cases, contacting a qualified lawyer is highly recommended.
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