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Witness and Whistleblower Protection in the UAE
Witnesses and whistleblowers play a crucial role in uncovering crimes and achieving justice, but some cases may involve risks that threaten their safety or the safety of their families due to the information they provide to the relevant authorities. From this perspective, the UAE legislator issuedFederal Law No. (14) of 2020 on the Protection of Witnesses and Similar Personsto provide legal and security protection for those who contribute to uncovering crimes and pursuing their perpetrators.
Our office team reviews in this article the key points you need to know about this law and how to benefit from it.
Witness and Whistleblower Protection in the UAE
When does the law provide protection and how is it done?
First: Who are the individuals covered by protection?
The law specifies the categories that can benefit from the protection program, including:
- The witness.
- The victim.
- The whistleblower.
- The expert.
- The confidential source.
Protection also extends totheir family members and individuals closely related to themwhen there is a threat to them due to their cooperation with the relevant authorities.
Second: The crimes to which the protection program applies
The law covers a wide range of serious crimes, most notably:
| Type of crime |
|---|
| Terrorist crimes |
| Drug and psychotropic substance crimes |
| Money laundering and terrorism financing crimes |
| Human trafficking crimes |
| Cyber crimes |
| Crimes affecting state security |
| Crimes related to public office |
| All crimes punishable by felony penalties |
Other crimes may also be included for protection if deemed necessary by the judicial authority.
Third: How to obtain protection?
An application to join the protection program is submitted through the relevant authority or judicial body and is presented to the competent court for consideration based on the following criteria:
Seriousness of the threat — Severity of the crime — Importance of the testimony or information provided — Actual need for protection.
The decision is issued within15 working days, and it is final and not subject to appeal.
Fourth: Available protective measures
The law allows for a set of measures based on the level of danger:
| Measure | When is it applied? |
|---|---|
| Personal security protection | When there is a direct threat to physical safety |
| Change of residence | When there is a need to distance the person from the source of danger |
| Change of workplace | In cases where the workplace poses a risk |
| Change of identity | In serious cases that require the highest levels of protection |
| Testifying remotely | To ensure testimony without exposing the person to danger |
Fifth: Witness protection in court
The law allows judicial authorities to take several measures to protect witnesses during the trial, including:
- Not showing the witness in public and listening to them from behind a screen.
- Changing the voice and holding sessions confidentially.
- Using visual communication means and modern technologies.
- Listening to the testimony completely remotely.
Sixth: Confidentiality and penalties
The law emphasizes the confidentiality of all data and information related to the protection program, and imposes strict penalties on those who disclose it:
| Crime | Penalty |
|---|---|
| Disclosing information about the protection program | Imprisonment and fines |
| Disclosure that led to harm to the protected person | Imprisonment |
| Disclosure that led to the death of the protected person or a family member | Death penalty |
Important legal advice
- Do not hesitate to reportIf you have important information — the law protects you.
- Report immediatelyAny threat you face due to your testimony or report.
- Maintain the confidentiality of the proceduresrelated to protection and do not disclose them.
- Adhere to the instructions of the competent authoritiesand the protection program in full.
- Consult a lawyerif you have any legal or security concerns related to your testimony or report.
The role of the lawyer in witness protection cases
- Providing legal advice to witnesses and informants and clarifying their full rights.
- Following up on protection requests and communicating with the relevant authorities.
- Protection of the legal rights of those covered by protection.
- Representation before judicial authorities when necessary.
Frequently Asked Questions
Is the whistleblower entitled to request protection?
Yes, whistleblowers are explicitly included among the categories benefiting from the protection program under the law.
Does the protection extend to family members?
Yes, protection can extend to family members and individuals closely related to the protected person if there is a risk threatening them due to their cooperation with the authorities.
Can testimony be given without appearing in public?
Yes, the law allows several measures to protect the identity of the witness during the trial, including testifying from behind a screen or remotely using communication technologies.
Can the identity of the witness be changed?
Yes, in serious cases that require the highest levels of protection, the law permits changing the identity according to established procedures.
What is the penalty for disclosing the data of protected witnesses?
Penalties start with imprisonment and fines, escalating to prison if harm is caused to the protected person, and may reach the death penalty if the disclosure leads to their death or the death of a family member.
Summary
- The law protects witnesses, whistleblowers, experts, confidential sources, and their families.
- Protection covers crimes of terrorism, drugs, human trafficking, and other felonies.
- Protection measures range from security protection to identity change.
- Testimony in court can be conducted in complete secrecy.
- Disclosure of the data of those covered by protection is a crime punishable by the harshest penalties.
Do you need specialized legal advice?
If you are a witness or whistleblower facing a threat or need to know your legal rights in full,
TeamAwad Al-Muhairi Law Firm and Legal ConsultationsFully prepared to assist you.
United Arab Emirates | All rights reserved