Islamic lessons, however, ‘security cases detainees’ are prohibited42. There are few resources
available for non-Muslim people in Emirati prisons and in several prisons non-Muslim clergy
were not permitted to visit prisoners43.
Oversight Mechanisms and Complaint Procedures
There are no adequate review practices in the United Arab Emirates. There is no independent
body for inspecting conditions of confinement and reviewing grievances from those
imprisoned44. When prisoners do seek to make requests or complaints, they are required to
write letters to the authorities. These letters are often discarded without response45.
Sometimes the act of writing a complaint leads to acts of retaliation from officials46.
Conclusions and RecommendaGons
While execuGons are not common in the UAE, death sentences conGnue to be handed down,
consigning many to a life of imprisonment in puniGve condiGons. The parGcular challenges
faced by foreign naGonal migrant workers in the UAE mean that many receive sentences that
are not commensurate with the circumstances of their case. A punishment that exGnguishes
a life cannot be jusGfied in a system with high levels of discriminaGon, arbitrariness and high
risks of miscarriages of jusGce. The Death Penalty Research Unit makes the following
recommendaGons in order to improve access to jusGce for those facing death sentences:
•
•
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•
•
•
•
•
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42
To abolish the death penalty for all offences.
Where the death penalty is retained, to retain it only for the most serious crimes as
sGpulated by internaGonal law.
Non-violent offences such as drug offences and morality offences should never aOract
a death sentence.
Labour rights and the kafala system to be reconsidered and developed in line with
internaGonal standards for migrant workers’ rights.
To recognise that drug traffickers are oMen vicGms of human trafficking.
To recognise that foreign naGonals convicted of crimes are oMen living and working in
precarious and exploitaGve economic and migratory condiGons.
To recognise self-defence as a full defence to murder charges.
To carry out fair trials, abolishing trials in absenGa, trials without representaGon and
other unfair trial pracGces.
To prohibit torture by any state official including police officers, and to refuse to
recognise forced confessions.
To contact consulates and detainees’ families immediately upon detenGon and to
allow detainees to avail themselves of their rights under the Vienna ConvenGon on
Consular Assistance 1963.
To allow detainees access to adequate lawyers and interpreters.
Ibid n 23.
Ibid n 20.
44
Ibid n 25.
45
Ibid n 23.
46
Ibid n 20.
43