Legislation Details
- Full Title: Federal Law on The Protection of Witnesses and the Like
- Law Type: Federal Law
- Law Number: [14] of 2020
- Issued Date: 10 Nov 2020
- Effective Date: 10 Feb 2020
- Official Gazette: No. 690
- Sector: Security and Safety
- Status: Active
- Number of Articles: 58
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law regulates the protection of witnesses, victims, whistleblowers, experts, and anonymous sources involved in certain serious crimes in the UAE. The law aims to encourage community engagement in crime detection and minimize the crime rate by providing protection measures for those who cooperate with the authorities. It establishes a Protection Unit and Program within the competent security authority to assess risks and implement protection measures for eligible individuals and their families. The law is significant for businesses and individuals in the UAE as it enhances the legal framework for witness and whistleblower protection, which is crucial for effective law enforcement and combating serious crimes. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 1-2)
What is the scope and purpose of this law?
The law applies to the following categories of protected persons: witnesses, victims, whistleblowers, experts, and anonymous sources involved in certain serious crimes, as well as their family members and other persons whose safety may be at risk due to their connection to the protected person. The law aims to: (1) protect the society and minimize the crime rate, (2) activate the community's role in detecting crimes, and (3) protect the specified categories of persons from any threat, assault, revenge or intimidation. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 2-3)
What are the key definitions under this law?
The law provides the following key definitions:
- The State: The United Arab Emirates
- The Competent Authority: The Ministry of Interior or federal or local authority in charge of security affairs
- The Judicial Authority: Federal, local or military courts or public prosecutions
- The Competent Court: The criminal chamber designated by the Minister of Justice or the head of the judicial authority
- Witness and the Like: Any person who has knowledge of and reveals information about a particular crime
- Whistleblower: Any person who reports a criminal incident to the competent authority
- Expert: A person appointed by the Judicial Authority to submit a technical report
- Anonymous Source: A person who cooperates with the competent authority by providing information about a criminal incident
- Protection Program: Measures and actions established by the competent authority to ensure the safety of the protected person
- Protected Person: An individual belonging to the categories described in Article 3 and admitted to the protection program
- Protection Instrument: An agreement between the competent authority and the protected person
- Protection Unit: An organizational unit established at the competent authority to implement the protection program
(Federal Law on The Protection of Witnesses and the Like, 2020, Art. 1)
What are the main obligations and requirements?
The key obligations under this law include: 1. The competent authority must maintain the confidentiality of the protected person's personal information and data. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 7(1)) 2. The competent authority must determine the extent of risk and the level and type of protection required for the protected person. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 7(2-3)) 3. The competent authority must provide security protection to the protected person if they are summoned for testimony or if their position is revealed in a way that could jeopardize their safety. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 7(4)) 4. The competent authority must not use admission to the protection program as a reward for the protected person's cooperation. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 7(5)) 5. The protected person must comply with all instructions of the protection program, undergo physical and psychological tests, and not make the program vulnerable to risk. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 13(4))
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements for individuals or entities. The key approval requirement is that the competent court must decide on the application for admission to the protection program within 15 days of submission. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 9(3))
What rights and protections does this law provide?
The law provides the following key rights and protections for the protected persons: 1. The competent authority must afford security protection to the protected person if they are summoned for testimony or if their position is revealed in a way that could jeopardize their safety. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 7(4)) 2. The judicial authority must not take any action that may adversely affect the protection measures or render the protected person vulnerable to risk, such as rejecting questions that may reveal their identity. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 15) 3. The competent authority must maintain the confidentiality of the protected person's personal information and data. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 7(1))
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Competent Authority (the Ministry of Interior or federal/local security authority) is responsible for establishing the Protection Unit, implementing the Protection Program, and exercising various powers related to protecting the eligible individuals. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 5-6) 2. The Competent Court (the criminal chamber designated by the Minister of Justice or the head of the judicial authority) is responsible for deciding on applications for admission to the Protection Program. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 9, 11) 3. The Judicial Authority (federal, local or military courts and public prosecutions) must cooperate with the Competent Authority and ensure their actions do not jeopardize the protection measures. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 15)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. The legislation only states that the Executive Regulations of this law will determine the implementation procedures and means for the protection measures. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 14(2))
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or other financial provisions. It only states that the Competent Authority must prepare the protection program finance budget. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 6(6))
What exemptions or exceptions apply?
The law does not provide any explicit exemptions or exceptions. It applies to the specified categories of protected persons involved in the listed serious crimes. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 3-4)
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms. It only states that the decision of the Competent Court on the application for admission to the protection program is final and non-appealable. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 9(3))
What are the key deadlines and time limits?
The key deadline under this law is that the Competent Court must decide on the application for admission to the protection program within 15 days of submission. (Federal Law on The Protection of Witnesses and the Like, 2020, Art. 9(3))
How does this law interact with other UAE legislation?
This law references and interacts with the following other UAE federal laws: - Federal Law No. [1] of 1972 concerning the Competences of Ministries and Powers of Ministers - Federal Law No. [12] of 1976 on the Police and Security Force - Federal Law No. [3] of 1983 regarding the Federal Judicial Authority - Federal Law No. [3] of 1987 Promulgating the Penal Code - Federal Law No. [10] of 1992 Promulgating the Law of Evidence in Civil and Commercial Transactions - Federal Law No. [35] of 1992 Promulgating the Criminal Procedure Law - Federal Law No. [14] of 1995 on Combating Narcotic Drugs and Psychotropic Substances - Federal Law No. [39] of 2006 on International Judicial Cooperation on Criminal Matters - Federal Law No. [51] of 2006 on Combating Human Trafficking Crimes - Federal Decree Law No. [10] of 2009 on Military Punishments - Federal Decree Law No. [11] of 2009 on the Formation of Military Courts - Federal Decree Law No. [12] of 2009 on the Military Code of Criminal Procedure - Federal Law No. [8] of 2011 on the Reorganization of State Audit Institution - Federal Law No. [5] of 2012 on Combating Cybercrimes - Federal Law No. [7] of 2012 on the Regulation of Experts Profession before Judicial Authorities - Federal Law No. [7] of 2014 on Combating Terrorist Crimes - Federal Law No. [5] of 2017 on the Use of Remote Communication Technology in Criminal Proceedings - Federal Decree Law No. [20] of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Illegal Organizations - Federal Decree Law No. [17] of 2019 on Weapons, Ammunition, Explosives, Military Equipment and Hazardous Substances - Federal Decree Law No. [26] of 2019 on the Public Finance (Federal Law on The Protection of Witnesses and the Like, 2020, Preamble)
When did this law come into effect?
This Federal Law No. [14] of 2020 on the Protection of Witnesses and the Like came into effect on 10 February 2020, as stated in the Effective Date section. It was published in the Official Gazette No. 690 on 15 November 2020. (Federal Law on The Protection of Witnesses and the Like, 2020, Effective Date)
Source Documents
This article analyses Federal Law on The Protection of Witnesses and the Like for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.