ELECTRONIC ARRESTS IN UAE!
After the pandemic and the subsequent lockdown, all the countries across the globe have taken significant steps for technological advancement, and UAE is no exception to it. Recently, the UAE government has issued a new law relating to the electronic arrest and monitoring of the prisoners in the country. This law has amended the existing Federal Law number 35 of 1992 (Code of Criminal Procedure). As per this new law, a person can be confined to a specific area that can either be his place of residence or any other place suggested by the criminal court.
The major highlights of the Law are discussed below-
Article 1 of the new Law provides that the public prosecutor or the Criminal court can make an order for the electronic detention of a prisoner against whom final judgement has been pronounced or his hearing has been adjourned for a substantial period. The prisoner will be connected to an electronic transmitter which would provide all the whereabouts of the concerned prisoner. In case an accused tries to get away by violating the permissible territorial limits, an alarm message would immediately be conveyed to the prison authority.
However, it is important to note that the electronic arrest can only be granted in the below mentioned three conditions
- In the matter of temporary arrest, the court instead of keeping the impugned person physically in the prison, can order for the electronic arrest wherein its limitations are clearly mentioned.
- The criminal court also possesses the discretionary power to order an electronic detention.
- In case, a worker has finished half of his imprisonment in the prison, the court on the basis of his conduct, may order for finishing the residual tenure in the electronic arrest.
As per Article 3 of the New law, the ministry of interiors has been given wide power and resources such as GPS or other web based applications to track down the movement of the prisoners undergoing electronic sentence. This ministry is obligated to maintain a register wherein all the details, whereabouts and track records of the employees are recorded.
Article 5 of the new law also stipulates the essential qualities of an electronic device which is used for motoring purposes. The conditions are as follows-
- The method of monitoring should not be harmful or physically inconvenient for the accused.
- The Emirates Authority has certified it for Standardization and Metrology
- The regular and normal work duties of the concerned person shall not be affected.
- An utmost care shall be taken to ensure that the right to privacy shall be strictly protected. No confidential information shall be shared without the consent of that person.
Duties of the Accused
Article 10 of the law spelled out the duties of the accused under electronic detention. These duties are as follows,-
- The transmitter shall not be removed without prior permission of the public prosecutor or the Criminal court.
- In case of any change in residential status or job change, such information shall be notified to the ministry of interior forthwith.
- If a person under detention wants to go for another place or another house for more than 15 days, he shall intimate the same to the ministry of interior.
- All the orders issued by the public prosecutor shall be duly respected.
- The accused shall not cause any damage to the machine;
- Though a person under detention is not authorized to travel outside the country, it can still be done after taking the permission of the court.
With the introduction of this new law, the strength of prisoners has decreased substantially in the prison. The problems of overcrowding and the increasing menace of Convid-19 can be dealt with very effectively through this provision of electronic arrest.