Arrest and Provisional Detention: The Obligations of the UAE under Article 14 of the Arab Charter on Human Rights

By: Mohammad Al-Haddad Al-Hattawi

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Synopsis: Arrest and Provisional Detention: The Obligations of the UAE under Article 14 of the Arab Charter on Human Rights By Mohammad Alhaddad Alhattawi This thesis explores the compatibility of UAE law on arrest and provisional detention with Article 14 ArCHR. Given the lack of any report by the UAE on the measures which they have taken to give effect to the rights recognised in the ArCHR and the absence of effective institutions under the ArCHR to provide authoritative interpretation of the Charter’s Articles, this thesis advances an interpretation of Article 14, drawing on the interpretation of Article 9 ICCPR under the HRC and Article 5 ECHR under ECtHR. In the case of the ICCPR, this is because the wording is similar and it is a universal instrument to which some parties to the Arab Charter are also parties. In the case of the ECHR, it is because the words are similar and the Strasbourg Court has considered aspects of the interpretation and application of those provisions in a number of contexts. This considered interpretation will be of assistance to decision makers in the UAE and other parties to the ArCHR.