When it comes to protecting your rights during an arrest, being informed is your best ally. In this article, we’ll explore the key aspects of international arrest warrants, the types of warrants, and the urgent steps you need to take if you find yourself arrested. The information presented in this text is based on a deep understanding of international law and practices in the UAE, as well as taking into account the specifics of local legislation.
What is an international arrest warrant?
An international arrest warrant is a legal document issued by a competent judicial or law enforcement authority of one country, which is recognised and can be executed in another country. This warrant is often used in cases of serious crimes such as terrorism, corruption, or transnational crimes. It is governed by documents like the Rome Statute of the International Criminal Court (articles 55 and 59), as well as bilateral and multilateral treaties between states.
In the context of the UAE and Dubai, Interpol plays a pivotal role in coordinating such actions, aiding in the enforcement of international commitments in the realm of law enforcement. The office Interpol in Dubai actively collaborates with local law enforcement agencies to track and arrest individuals who are on international wanted lists, underscoring the importance of international cooperation in combating cross-border crime.
Types of arrest warrants
There are various types of arrest warrants, each with its own characteristics:
- A local arrest warrant is issued by local law enforcement agencies and is valid within a single jurisdiction. In the UAE, this is governed by Federal Law No. 35 of 1992 on the Criminal Procedure Code (Article 101).
- A national arrest warrant applies across the entire country, allowing law enforcement agencies to make an arrest outside the issuing region’s boundaries. In the UAE, such a warrant must comply with Article 111 of the same law.
- An international arrest warrant can be executed in any country that is a party to the mutual legal assistance treaty. Such warrants are often based on the Vienna Convention on Legal Relations between States.
Urgent Steps to Take If Arrested
If you find yourself under arrest, it’s crucial to follow the subsequent procedure to protect your rights:
- Checking the arrest warrant
Ensure that the arrest warrant contains all the necessary legal attributes: the judge’s signature, the date of issue, and a clear description of the charges. In the UAE, as in most countries, any arrest without a lawful warrant is considered illegal. This is affirmed by Article 44 of the UAE Constitution. - Exercising the right to remain silent
Immediately exercise your right to remain silent. This right is protected by Article 20 of the UAE Constitution and international conventions, such as the International Covenant on Civil and Political Rights (Article 14). - Requirement for legal representation
Immediately seek legal assistance. In the UAE and other countries, your right to legal representation is fundamental and supported by Article 16 of Federal Law No. 35. A solicitor will help you navigate the process, protect your rights, and if necessary, arrange for bail.
Legal rights during arrest
It’s crucial to understand your rights during an arrest to ensure they are respected and protected. In the UAE, as in many other jurisdictions, you have the following fundamental rights:
- The right to information on the reasons for arrest: According to Article 47 of the Federal Law No. 35 of 1992 on the criminal procedure, an arrested individual has the right to be immediately informed of the reasons for their arrest and the charges against them.
- The right to confidentiality when communicating with a solicitor: This right is protected under Article 16 of the same law, ensuring that your conversations with a solicitor remain confidential and are not subject to eavesdropping.
- The right to medical assistance: If you are injured or ill, you are guaranteed medical assistance in accordance with Article 20 of Federal Law No. 35.
These rights are granted to ensure that arrests and subsequent procedures are conducted in accordance with the law and human dignity.
List of offences punishable by arrest
In the UAE, a number of crimes can lead to arrest, including, but not limited to:
- Public order offences: Crimes that undermine public order or national security are governed by Article 180 of the UAE Federal Penal Code.
- Economic crimes: Financial machinations, including fraud, money laundering, and cheque bounce in UAE, are described in articles 399 and 404 of the Criminal Code.
- Crimes against the person: Including threats, violence, or grievous bodily harm, covered by sections 342 to 344 of the Criminal Code.
- Drug-related crimes: The illegal possession, use, or trafficking of narcotics, regulated under articles 370 and subsequent of the Federal Law No. 14 of 1995 on combating narcotic drugs and psychotropic substances.
Being aware of these crimes and the associated laws will help you avoid behaviour that could lead to arrest.
Contesting an arrest warrant
Contesting a warrant for arrest is critically important if you believe the arrest was made unlawfully or the arrest warrant contains legal errors. Here are a few steps you should take:
- Consulting a solicitor: Your solicitor can challenge the order in court, arguing its illegality or inconsistency with the actual circumstances.
- Filing an appeal to the Supreme Court: In the UAE, you can submit a complaint to the Federal Supreme Court if you believe that your arrest or the warrant itself violates constitutional rights, according to Article 95 of the Federal Constitution.
- Exercising the right to appeal: This allows you to challenge the decision to issue an arrest warrant and seek its review or cancellation. The appeal process is described in articles 230 and subsequent of Federal Law No. 35 on criminal procedure.
Every step in this process requires a clear understanding of legal procedures and professional legal representation. Contesting an arrest is a complex process that must take into account all aspects of both local and international law.
Understanding and protecting your rights in the event of an arrest are key factors in safeguarding your freedom and personal rights. It’s crucial to always be informed about your rights and responsibilities according to the law, which will enable you to effectively defend yourself and avoid unnecessary legal risks.
