UAE legal reforms: Dubai court overrules deportation of man in drug case

Lawyer says judgment sets precedent for deportation cases after drug consumption

Penalties for possessing small quantities of cannabis were eased recently and judges were given more options when sentencing. But tough penalties and long jail terms remain in place for smuggling and dealing. Victoria Hazou for The NationalShow less

UAE legal reforms: what the new law says about products containing cannabis extracts

A Dubai court has overruled a final deportation sentence of a man in a drug case.

The emirate's Criminal Court of First Instance ruled against its previous judgment after taking into account the newly amended drug laws that were introduced last year.

The revised verdict may open a window of hope for others who are convicted of consuming drugs.

A change in the law removes mandatory deportation for drug offenders and, from January 2, 2022, gives judges greater sentencing discretion.

My client has been living in the UAE along with his family which owns a business he runs, for over 30 years. Deporting him breaks the family apart

Mohammad Al Redha,
defence lawyer

The case dates to November 30, 2020, when the Indian man, 38, was arrested for smoking hashish.

Police officers found drugs at his home in Downtown Dubai and lab tests confirmed he had consumed hashish.

On March 3, 2021, the Criminal Court of First Instance fined him Dh5,000 and ordered his deportation.

The man’s Emirati lawyer Mohammad Al Redha, submitted a plea requesting the verdict be revised based on Article 75 of the new anti-narcotics law which made deportation in such cases optional for judges.

A number of defence lawyers with clients convicted of minor drug offences have sought to appeal their cases, asking judges if the new laws can be taken into account. Christopher Pike / The National

In his plea, Mr Al Redha also cited Article 14 of the country’s new Penal Code. which stipulates that if the new law eases a certain penalty, it is permissible for the court that issued the final judgment to reconsider its verdict.

“My client has been living in the UAE along with his family which owns a business he runs, for over 30 years. Deporting him breaks the family apart,” Mr Al Redha said.

“He is not a criminal and has no criminal record, and I don’t believe there is any reason to believe he will break the law again.”

Based on his plea, the court revised its verdict and cancelled the man’s deportation on February 7.

In its verdict, the court said that Federal Law number 30 of 2021 is the law that is more valid for the accused.

Federal Law number 30 of 2021 includes rehabilitation of first-time drug offenders, instead of punishing them.

“The new verdict was issued based on documents that prove the convict's residency and business, and the fact that he has no criminal record,” the verdict read.

People convicted in drug-use cases are now able to submit petitions to prosecutors with legal documents that support the reasons for which they think their deportation should be cancelled.

“This case opens a door of hope for other people who were involved in drug use and deportation orders were issued against them,” Mr Al Redha said.

“Most of them have left families behind and separating them from their families through deportation exposes them to even bigger dangers than drugs.”

He said those who have already been deported for being involved in drug-use or possession cases could also submit requests.

“They can hire a lawyer to handle the process and if they have businesses or families here, that will very much support their request,” Mr Al Redha said.

Prosecutors receive these requests, then review if all required legal documents have been provided before referring the request to the court that issued the judgment.

UAE legal reforms — in pictures

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  Alcohol consumption without a licence is no longer criminalised. Licences are required to buy items in wine shops in Dubai. It is an offence to drink in the street or to be drunk in a public place. Getty Images

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  The law allows for the legal cohabitation of unmarried couples, and sex outside of marriage is, in effect, decriminalised. Until 2020, it was illegal for an unmarried couple, or even unrelated flatmates, to share a home, though punishments were rare. Getty Images

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  There is no longer potential punishment for the parents of children born out of wedlock. The law stresses the welfare of the child and for parents to take responsibility

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  Expat couples seeking a divorce can request that the UAE court does not follow a shariah-based legal process. Instead, a judge and lawyers can divide assets and approve the divorce in a manner that is similar to the couple's home country. Getty Images

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  Workers must be allowed to move to another employer as they wish, and current bosses cannot block such a move. If someone is made redundant, they have up to 180 days, not 30 days, until their visa runs out and they must leave the country

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  The law will ensure ‘Good Samaritans’ who intervene in situations where people are in need cannot be held liable for the outcome of those they help. Under a long-standing, but rarely used clause, it had been possible for someone who went to the aid of someone, to give CPR or other first aid, to be help accountable for their injury or death. Getty Images

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  There are a number of amendments seeking to protect the rights of women. There will be no longer a distinction of crimes known as ‘honour crimes’, where a male relative can get a lighter sentence for assaulting a female relative under the guise of ‘protecting honour’. Getty Images

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  There have also been changes to UAE drug laws that limit criminal action against those in possession of items containing cannabis extracts, such as in cosmetics and health products. AP

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  The new law mandates that translators are provided for defendants and witnesses in court, if they do not speak Arabic. The court must ensure legal translators are available. Getty Images

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  Ahmed Ibrahim Saif, senior judge at the Dubai Civil Court and former chief justice of Dubai's criminal courts, said the reforms reflect the UAE’s efforts to promote tolerance and co-existence.

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  Judge Ayman Abdul Hakam, former head of the One Day Court in Dubai, predicts further changes to keep pace with the developments UAE is constantly achieving.

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  Hassan Elhais, senior partner at Al Rowaad Advocates & Legal Consultants, said disputes related to family-owned assets have disappeared thanks to the revamped laws.