Penal and Correctional Institutions Law

Article (1)

Chapter One: Definitions and Scope of Application

In application of the provisions of this Decree Law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: State: The United Arab Emirates. Ministry: Ministry of Interior Minister: Minister of Interior Public Prosecution: The Federal Public Prosecution. Penal and Correctional Institutions: The Ministry's penal and correctional institutions, which are responsible for implementing court judgments and pre-trial detention orders issued by the judicial authority. Institution Officer: The officer who heads the administrative formation of the penal and correctional institution, assumes responsibility for administrative and executive tasks, and is responsible for achieving the institution's objectives. Inmate: The person placed in penal and correctional institutions in implementation of judgments and orders issued by the judicial authority. Community Empowerment: A transitional period aimed at facilitating the inmate's integration into society, during which the restrictions are gradually eased and some benefits are granted to the inmate, and it shall be counted as part of the sentence. Database: Information and data on inmates required for the operation of penal and correctional institutions, which are stored in their electronic records.

Article (2)

Chapter One: Definitions and Scope of Application

The provisions of this Decree Law shall apply to federal penal and correctional institutions in the State.

Article (3)

Chapter Two: Establishment, Types and Management of Penal and Correctional Institutions

Penal and correctional institutions shall be established, and their locations and departments shall be designated by a resolution issued by the Minister.

Article (4)

Chapter Two: Establishment, Types and Management of Penal and Correctional Institutions

Penal and correctional institutions are classified into two types: 1. Penal and correctional institutions for men. 2. Penal and correctional institutions for women.

Article (5)

Chapter Two: Establishment, Types and Management of Penal and Correctional Institutions

When building penal and correctional institutions, the following controls shall be observed: 1. Determining their capacity, type, specialisation, and proximity to public service areas as much as possible. 2. Penal and correctional institutions for women should have special facilities for pregnant inmates or those accompanied by children. 3. Penal and correctional institutions must have the specifications for dealing with inmates with disabilities. 4. Providing facilities that contribute to the physical, psychological and cultural rehabilitation of inmates.

Article (6)

Chapter Two: Establishment, Types and Management of Penal and Correctional Institutions

1. The penal and correctional institution is managed by the Institution Officer, who is responsible for guarding the inmates and implementing the laws, regulations and systems related to their management. 2. The Institution Officer shall be assisted by a sufficient number of officers, non-commissioned officers, privates, employees and workers, who shall be under his supervision and shall work in accordance with his orders within the limits of the laws and regulations. 3. The Institution Officer must immediately inform the competent department and the Public Prosecution of the death of any inmate who dies suddenly or as a result of an accident or commits suicide, or sustains any serious injury or in cases of escape, and in serious cases that require such communication, such as mass rebellion and epidemic diseases, while taking the necessary administrative measures. 4. The management of the penal and correctional institution for women shall be undertaken by a female officer, who shall carry out all the tasks and responsibilities assigned to the Institution Officer. If a female officer is not available, it shall be managed by a male institution officer, who shall be assisted in carrying out his duties by a female worker who shall report to him. 5. It shall be noted that the workers in penal and correctional institutions for women must be women as much as possible, and in all cases, the guarding of female prisoners and the service work related to them shall be undertaken by women. 6. The Institution Officer shall implement every order issued thereto by the competent public prosecution, the competent court, or any other legally competent authority, and every order issued thereto by the Ministry regarding the duties of his job.

Article (7)

Chapter Two: Establishment, Types and Management of Penal and Correctional Institutions

1. Penal and correctional institutions shall prepare the database necessary for their work, which shall include the following data: a. Daily data of the penal and correctional institution. b. Personal data of inmates. c. Judicial papers. d. Inmate deposits. e. Inmate visits. f. Inmate complaints. g. Cases of escaped inmates. h. Disciplinary sanctions. 2. The Ministry may, in coordination with the Public Prosecutor, add any other data. 3. The Executive Regulation of this Decree Law shall specify the method of recording and storing data in the database, the duration of its retention, and other types of data necessary for the operation of the penal and correctional institution.

Article (8)

Chapter Three: Inmate Rights and Oversight

While in the penal and correctional institution, the inmate shall have the following rights: 1. Duly respect of his dignity, and not being subjected to torture, cruel treatment or degrading punishment. 2. To have access to any judgment or paper announced thereto, and submitting any petition, lawsuit paper, report, request or memorandum he wishes to submit, while ensuring that his requests are delivered to the competent authority within the prescribed legal period. 3. To be informed of the duties, prohibitions and penalties related thereto in a language that he understands.

Article (9)

Chapter Three: Inmate Rights and Oversight

1. Every inmate shall have the right to submit a written complaint to the Institution Officer at any time, and request that it be notified to the competent public prosecution. The Institution Officer must accept it and notify it immediately to the Public Prosecution after recording it in the Database, and must provide the Public Prosecution with all the data it requests. 2. The Executive Regulation of this Decree Law shall determine the procedures necessary to implement the provisions of this Article.

Article (10)

Chapter Three: Inmate Rights and Oversight

1. Penal and correctional institutions shall be subject to the supervision of the Public Prosecution in accordance with the provisions of the Criminal Procedure Code. 2. The competent member of the Public Prosecution has the right to enter penal and correctional institutions at any time to ensure that laws, regulations and systems are being implemented and that there is no inmate is held illegally. He also has the right to view the Database to verify its compliance with laws, regulations and systems. 3. Every inmate has the right to meet with a member of the Public Prosecution while he is in the penal and correctional institution and to submit a complaint to him. The member of the Public Prosecution must examine it, take the necessary action regarding it, and notify the Public Prosecutor thereof.

Article (11)

Chapter Three: Inmate Rights and Oversight

1. The Ministry shall form special committees or work teams to inspect penal and correctional institutions and verify the implementation of all laws, regulations and systems, taking into account, as much as possible, that the inspection of penal and correctional institutions for women be carried out by women. 2. The Executive Regulation of this Decree Law shall specify the conditions and procedures for inspection by the committees and work teams stipulated in this Article, and the submission of reports related to the inspections they conduct to the Ministry.

Article (12)

Chapter Three: Inmate Rights and Oversight

The Executive Regulation of this Decree Law shall specify the conditions, procedures and types of in-person or virtual visits in penal and correctional institutions, and the cases in which visits are completely or partially prohibited, provided that this is for a reasonable period and for health conditions or reasons related to security and the exceptions related thereto.

Article (13)

Chapter Four: Admission, Transfer and Classification of Inmates

1. No person may be detained in a penal or correctional institution except on the basis of a written detention order issued by the competent Public Prosecution, the competent court, or any other legally competent authority. 2. No inmate may remain in the penal and correctional institution after the period specified in the detention order. 3. When the inmate enters the penal and correctional institution, the detention order shall be summarised in the Database within the record of his category, and if he is transferred from one institution to another, the detention order and all other papers related thereto shall be sent with him. 4. Every inmate must be examined upon admission to the penal and correctional institution and his health and mental condition must be recorded in the Database. 5. Without prejudice to the legislations in force in the State, the penal and correctional institution may take the fingerprints of inmates upon their entry into the institution, and the Executive Regulation of this Decree Law shall regulate the procedures and mechanisms for dealing with fingerprints. 6. The penal and correctional institution must enable the inmate, upon entering the institution, to contact his relatives or whomever he wishes to inform them of his whereabouts.

Article (14)

Chapter Four: Admission, Transfer and Classification of Inmates

1. In the penal and correctional institution, places shall be allocated for inmates who have been issued a judgment to deport them from the State, to be temporarily detained there until the deportation order is implemented. Those shall be treated as pre-trial detainees. 2. The expenses of judicial deportation shall be borne by the foreign inmate or at the expense of the recruiting party or guarantor, otherwise the State shall bear the expenses of deportation.

Article (15)

Chapter Four: Admission, Transfer and Classification of Inmates

Inmates may be transferred between federal penal and correctional institutions and local penal and correctional institutions in the circumstances and under the conditions specified in the Executive Regulation of this Decree Law.

Article (16)

Chapter Four: Admission, Transfer and Classification of Inmates

1. Every inmate must be searched upon entering the penal and correctional institution, and any money or valuables found with him must be taken and deposited in the penal and correctional institution's safes to be delivered to him upon his release, unless he wishes to deliver them to a specific person, in which case they must be delivered to that person or to the inmate's legal representative. 2. If, during the search of the inmate, it is proven that he possesses items that are prohibited from being used, possessed or brought into the penal or correctional institution, they shall be seized, and the necessary measures shall be taken in accordance with what is specified in the Executive Regulation of this Decree Law. 3. If the items seized during the search constitute a crime, a report of their seizure shall be prepared and referred to the Public Prosecution to take legal action thereon. 4. Without prejudice to the provisions of Clause (3) of this Article, if the inmate conceals or refuses to hand over the seized items during the search process, disciplinary measures shall be taken against him. 5. The Executive Regulation of this Decree Law shall specify the procedures for the seizure and disposal of prohibited deposits and items.

Article (17)

Chapter Four: Admission, Transfer and Classification of Inmates

The Executive Regulation of this Decree Law shall specify the types of inmates' uniforms and the mechanism for disposing of their personal clothing upon detention and dispensing it upon their release.

Article (18)

Chapter Four: Admission, Transfer and Classification of Inmates

1. Inmates in penal and correctional institutions shall be classified into categories according to the inmate's legal status, type of crime, length of sentence and security risk. 2. The following conditions must be met when classifying inmates: a. Complete separation between men's and women's institutions. b. Providing special wards for each category according to the classification. 3. Without prejudice to the provisions of Clauses (1) and (2) of this Article, the Executive Regulation of this Decree Law shall determine the classifications of inmates and the benefits specific to each category, the procedures for dealing with them and the specifications of the wards of each category, the provisions related to transferring the inmate from one category to another, and stating their obligations, rights, duties, employment and wages due thereto.

Article (19)

Chapter Five: Inmate Treatment, Care and Rehabilitation

1. The inmate in pre-trial detention shall have the right to meet his visitors and correspond with whomever he wishes, and he may contact any person he wishes to contact under the supervision of the Institution Officer or his representative, unless the detention order prohibits the foregoing. 2. The inmate in pre-trial detention may communicate with others, based on written permission from the Public Prosecution, in the following cases: a. The foreign inmate's communication with his embassy, diplomatic mission or the entity that looks after his interests in the State. b. Meeting his lawyer at the penal and correctional institution after verifying his status. 3. No third party may communicate with a pre-trial detainee in the penal or correctional institution except with written permission from the Public Prosecution. 4. The Institution Officer must record in the Database the details of the communication and meetings in terms of the personal details of the parties to the communication or meeting, the time and duration of the communication or meeting, and the date and content of the permission. 5. In all cases, the Executive Regulation of this Decree Law shall determine the procedures pertaining to the implementation of the provisions of this Article.

Article (20)

Chapter Five: Inmate Treatment, Care and Rehabilitation

1. The pregnant inmate shall be exempted from working in the penal and correctional institution as of the date of establishing her pregnancy, and shall be given special care in terms of food and sleep, and the implementation of any disciplinary penalties against her shall be postponed until after the birth or until the end of the period of her new-born's presence with her, as the case may be. 2. The pregnant inmate must be transferred to the hospital when the due date approaches and remain there until she gives birth and until the doctor decides to discharge her. She and her new-born must be given the necessary care, with appropriate food, clothing and rest. 3. The inmate may keep her new-born until he reaches the age of two years. If she does not wish the new-born to remain with her or if he reaches this age, he shall be handed over to the person who has the right to custody or care for him. If this is not possible, he shall be placed in one of the care homes. In all cases, the mother shall be notified of his place and shall be enabled to see him at regular times in the manner specified in the Executive Regulation of this Decree Law. 4. In all cases, the child's birth certificate must not include anything indicating that he was born in a penal or correctional institution or in a hospital belonging to it, or that his mother was committed to a penal or correctional institution.

Article (21)

Chapter Five: Inmate Treatment, Care and Rehabilitation

1. The Executive Regulation of this Decree Law shall determine provisions related to the following: a. The jobs that may be performed by inmates, taking into account their categories, ages and health conditions. b. Working days and hours. c. Wages due to inmates for the work they do, how they are determined and when they are paid. 2. No disciplinary penalty may be imposed on wages due to inmates.

Article (22)

Chapter Five: Inmate Treatment, Care and Rehabilitation

If the period of stay of the convicted inmate in the penal and correctional institution exceeds four (4) years, he must, before his release, go through a period of community empowerment, during which the gradual easing of restrictions and the granting of benefits must be taken into account in accordance with the conditions specified in the Executive Regulation of this Decree Law.

Article (23)

Chapter Five: Inmate Treatment, Care and Rehabilitation

The Executive Regulation of this Decree Law shall specify the procedures for preparing periodic reports on the behaviour of inmates in penal and correctional institutions according to their categories.

Article (24)

Chapter Five: Inmate Treatment, Care and Rehabilitation

1. Penal and correctional institutions are obligated to provide health care and medical treatment to inmates in coordination with government health establishments. 2. Government health authorities and establishments are obligated to provide medical treatment to every inmate who does not have health insurance within the territorial jurisdiction of the penal and correctional institution, in order to treat him inside the institution or transfer him to its affiliated hospitals in coordination with the Ministry. 3. Health establishments within the territorial jurisdiction closest to the penal and correctional institution are obligated to deal with cases of serious or contagious illnesses of inmates, psychological illnesses, and illnesses leading to death, referred to them by the penal and correctional institution. 4. In every penal and correctional institution there shall be one or more doctors, one of whom shall be a resident in the penal and correctional institution, who shall be entrusted with providing healthcare services to the inmates. 5. The doctor shall examine each inmate upon his admission to the penal and correctional institution, and his health and mental condition shall be verified and documented in the records or in the Database within the penal and correctional institution, and the type of work that his health enables him to perform shall be determined. 6. In penal and correctional institutions for women, doctors must be women unless it is necessary to use the help of one or more male doctors, and in the event it is necessary that one or more male doctors are present. A female nurse, officer, non-commissioned officer or private must be present when the female inmate is presented to the doctor for examination or any other medical procedure to be taken. 7. The doctor shall inspect the penal and correctional institution and the inmates to verify health aspects, especially those related to hygiene and food, and the officer of the penal and correctional institution shall implement the health measures that the doctor deems necessary to take. 8. The doctor in charge of providing healthcare to inmates in the penal and correctional institution may decide to transfer the inmate to a government hospital to receive treatment. 9. The Executive Regulation of this Decree Law shall determine all other provisions related to the implementation of this Article, including the terms and conditions for referral and transfer to receive treatment outside the penal and correctional institution, in coordination between the Ministry, the competent health authorities, and the Ministry of Health and Community Protection.