Here’s the truth: if you’re detained or questioned, the law already gives you powerful protections—both internationally and inside the UAE. Use them. Enforce them. Document them.
What’s really at stake
Unlawful detention and coercive questioning don’t just threaten your case; they undermine the justice system. International standards demand that arrests be lawful and proportionate, that you’re brought promptly before a judge, and that you’re treated humanely—no torture, no cruel or degrading methods, no forced confessions.
I’ve seen this play out: when you assert your rights early—ask for a lawyer, refuse coercion, insist on proper procedure—you change the entire trajectory of the investigation. And yes, courts can exclude tainted statements.
Your core legal protections (at a glance)
- Lawful arrest only. Detention must rest on clear legal grounds and be time-limited, with judicial oversight. You have the right to challenge the legality of detention.
- Humane treatment—no exceptions. Torture and cruel, inhuman, or degrading treatment are prohibited. Confessions extracted by such methods are defective.
- Right to silence & counsel. You can avoid self-incrimination, consult a lawyer, receive medical care, and insist on properly recorded interviews—especially in those first critical hours.
- Excluding forced evidence. Courts can suppress confessions obtained through unlawful detention or coercion. Victims may also seek release, compensation, and accountability for officials.
UAE-specific safeguards you can rely on
UAE constitutional and statutory rules require authorities to inform you of the reasons for arrest, bring you before a judge within set periods, and treat you humanely. Any confession obtained through torture or inhumane treatment is legally defective—full stop. Engage counsel promptly and challenge any mistreatment or prolonged detention.
How international law defines “arbitrary detention” (and why it matters)
Arbitrary detention isn’t just “illegal”—it’s detention without a real legal basis, or that’s disproportionate, unreasonable, or violates due process. Think injustice and unpredictability, not mere technicality.
The UN Working Group on Arbitrary Detention (WGAD) highlights common patterns:
- No legal basis (e.g., detention after a sentence ends).
- Punished for exercising rights (speech, assembly).
- Grave fair-trial violations make the detention arbitrary.
- Prolonged administrative custody without review (e.g., immigration).
- Discriminatory detention (political opinion, ethnicity, etc.).
Why this helps you: these categories guide courts and review bodies to order release, compensation, and accountability—and they push authorities to justify every hour of custody.
What I recommend you do immediately if detained or coerced
- Say the magic words: “I wish to remain silent and speak to a lawyer.” Then stop talking.
- Demand process: Ask to be brought before a judge promptly and note the time you were detained.
- Refuse improper methods: Calmly state you won’t answer under threats, pressure, or fatigue tactics.
- Document everything: Names, badge numbers, locations, times, injuries—get medical attention and keep records.
- Move to exclude evidence: Your counsel can ask the court to suppress any confession or statement obtained unlawfully and seek remedies.
- In the UAE: Ensure the arrest reason is stated; insist on humane treatment; and challenge delays or mistreatment through the courts or prosecution.
Final word
Honestly, you may not control the first minutes of detention. But here’s the thing—you control what happens next. Assert your rights early, involve counsel fast, and challenge anything that doesn’t meet the legal standard. That’s how you protect your liberty and your case.
Disclaimer: This article is for general information only and does not constitute legal advice. The author assumes no responsibility or liability for actions taken based on its contents. For advice on your specific situation, consult a qualified lawyer.
Call Lawyers at +971506531334 +971558018669
https://www.lawyersuae.com/
