Federal Law No. (11) of 2009 Concerning Martial Laws Chapter One

Federal Law No. (11) of 2009 Concerning Martial Laws

Federal Law No. (11) of 2009

Concerning Martial Laws

We Khalifa bin Zayed Al Nahyan President of the United Arab Emirates,

− Having reviewed The Constitution;

− Federal Law No. (1) of 1972 concerning the competences of Ministries, and powers of

Ministers, as amended;

− Federal Law No. (6) of 1973 on immigration and residence, as amended;

− Federal Law No. (10) of 1973 on the Federal Supreme Court, as amended;

− Federal Law No. (11) of 1976 concerning firearms, ammunitions, and explosives, as

amended;

− Penal Code promulgated by Federal Law No. (3) of 1987, as amended;

− Law of Criminal Procedures promulgated by Federal Law No. (35) of 1992, as amended;

− Federal Law No. (1) of 2004 on the fighting Terrorist Crimes;

− Federal Law No. (8) of 2006 concerning the Armed Forces;

− Federal Law No. (17) of 2006 on the Supreme Council for National Security; and

− Based on the submissions made by the Minister of Defense, and the approval of the

Deputy Supreme Commander of the Armed Forces, the Cabinet, and the National

Federal Council, and endorsement of the Supreme Council of the Federation,

Enacted the following law:

Chapter One

Definitions

Article (1)

The following words and phrases shall have the meanings respectively assigned next

thereto, unless the context otherwise requires:

State

the United Arab Emirates

Federal Law No. (11) of 2009 Concerning Martial Laws

President of

State

President of the United Arab Emirates

Armed Forces

The Armed Forces of the State

Martial Law

A set of rules and extraordinary measures applied by the State

under emergency conditions allowing it to temporarily disrupt all

or so

me of the laws in force so as to ward off and dangers

threatening the country.

Executive

Authority

The body that shall undertake the responsibility of conducting the

legislative, judicial and executive State matters upon declaration of

the Martial Law a

s determined by the Federal Decree on the

Declaration of Martial Law.

Martial Courts

Temporary cou

rts formed by order of the Executive Authority for

considering any crimes committed during the application of

Martial Law, and which shall be of two types (Martial Courts for

Misdemeanor and Martial Courts for Felonies).

Chapter Two

Declaration of Martial Law and its Procedures

Article (2)

Martial Law may be declared in the cases of necessity as follows:

1. Exposure of the State's public security or an area thereof to danger, because of war or

armed aggression, or in cases of the emergence of a State of affairs that heralds their

occurrence, or the occupation of any part of the State's territories.

2. Occurrence of turmoil at home or abroad which would probably extend into the State or

impact the security, economic, and political situations in the State massively.

3. Occurrence of public disasters or rampant epidemic.

4. The desire to secure the Armed Forces of the State, secure its supplies, and protect its

roads and transportation means and any other means related to its activities and military

operations inside or outside the State.

Federal Law No. (11) of 2009 Concerning Martial Laws

Article (3)

1. Martial Law shall be declared according to a federal decree issued after the approval

of the Supreme Council of the Federation, in response to a suggestion by the

President of the State, and approval of the Federation Cabinet, in the cases of

necessity mentioned in the previous article, and this decree shall be submitted to the

Federal National Council at its first meeting, and shall contain the following:

a. Statement of the case of necessity which led to declaring the Martial Law.

b. The area or areas covered by Martial Law.

c. Date of starting the application of Martial Law.

d. Statement of the Executive Authority which shall undertake the execution of

the emergency powers contained in the decree, and this Authority can be

military or civil.

2. Ministries, Government Departments, Authorities, and Federal and Local Public

Corporations and Private Sector shall implement all orders, instructions, and

guidance issued by the Executive Authority, regardless of the competences, tasks,

and duties entrusted to it or the activities that it performs, in accordance with the

provisions of Article (5/4) of this Law.

3. All matters related to managing the State affairs shall be subject to the discretion of

the Executive Authority which may disrupt all or some of the laws, regulations, and

local and civil federal agencies; but may not disrupt the meetings of Federal National

Council or impair the immunity of its members during the application of Martial Law

in accordance with the provisions of the Constitution.

4. Martial law shall be lifted according to a decree issued by the President of the State

according to the same measures of declaring it, when the necessity for the

declaration thereof is over; and in all cases the term of applying Martial Law shall not

exceed six months or the end of the circumstances that necessitated the declaration,

whichever is less. In the event of persistence of the circumstances which necessitated

the declaration of Martial Law, this term may be renewed for other similar terms, and

in this case, the application of Martial Law shall be made according to a federal

decree.

Federal Law No. (11) of 2009 Concerning Martial Laws

5. The Supreme Council for National Security may submit to the State’s President a

recommendation to take measures declaring martial laws as stipulated in this Law

Chapter Three

Measures and Orders of the Executive Authority Enforcing Martial Law

Article (4)

The Executive Authority enforcing the Martial Law may take, by declaration or by written

orders, all or some of the following measures:

1. Imposition of restrictions on the individuals freedom as concerning assembly, travel,

residence, and passing by certain public places or at certain times; arresting any

suspected people or those who threaten public security and order; and sanctioning

inspection of people, places and means of transportation at any time by day or night,

without applying any provisions or procedures except those contained in the orders

issued by the Executive Authority.

2. Preventing any gathering, demonstration, sit-in, meeting, or general strike, which may be

also be dispersed using the appropriate force if necessity so requires.

3. Stopping the activity of any club, association, body, organization, center, or community

which has an adverse effect on the public security or order, or imposing restrictions on it.

4. Imposition of censorship on newspapers, publications, leaflets, drawings, and all means

of expression, propagation, and advertising prior to their publication; closing the printing

premises thereof; and seizure and confiscation of the materials that incites to disorder or

breaching the public security and order.

5. Imposition of censorship on parcels, mails, telegrams, and telephone communications,

including communications via the Worldwide Web (the Internet), the domestic

(Intranet), or any other means of communication.

6. Determining the times of opening or closing for the public stores, or ordering the closure

of some or all of them.

7. Determining the prices of goods, and preventing monopoly.

8. Withdrawal of import and export licenses of arms, ammunition, explosives; as well as

the licenses of holding or possession thereof, or ordering the seizure thereof, whenever

Federal Law No. (11) of 2009 Concerning Martial Laws

they are, and closing their warehouses.

9. Banishment of non-citizens whose presence is believed to threaten the State's security or

detaining them in a safe place if setting them free can lead to breaching the public

security and order.

10. Evacuation or isolation of some areas, and organizing, identifying and restricting the

means of transportation leading thereto.

11. Temporary seizure of the means of transport or of any facility, institution, company,

store, building, or movable item, taking into account maintaining the owners' right to an

appropriate compensation.

12. Preventing people from doing certain actions, or assigning them to perform certain ones,

while maintaining their right to appropriate compensation or remuneration.

13. Imposition of any measures which the Executive Authority deems appropriate to

maintain the public security and order.

Article (5)

1. The Armed Forces and the Security and Police Authorities or any other authority

specified by the Executive Authority shall undertake the execution of orders issued by

the latter.

2. Those in charge of the execution of the orders of the Executive Authority shall have the

capacity of Judicial Officers.

3. Those in charge of the execution of orders of the Executive Authority shall use the

appropriate force if necessity so requires.

4. Every employee, within the limits of his powers and everyone else within the limits of his

capabilities shall assist in the execution of those orders.

Chapter Four

Martial Courts

Article (6)

The Executive Authority may form Martial Courts for the consideration of crimes committed

during the enforcement period of the Martial Law as follows:

Federal Law No. (11) of 2009 Concerning Martial Laws

1. Martial Courts for Misdemeanors and its Competences:

a. Formed of a President and a sufficient number of military, civilian judges, or

both. It consists of one or more circuit and shall issue its rulings by a military

or civilian judge.

b. The martial courts for misdemeanors, during the enforcement period of

martial laws, shall be competent to examine the following crimes:

1. Misdemeanor Crimes.

2. Crimes determined in order of the Executive Authority and

punishable by imprisonment or a fine.

3. Misdemeanor crimes affecting State security.

4. Rule upon the grievances submitted by arrested or detained persons

and extending their orders of detention.

2. Martial Courts for Felonies and its Competences:

a. Formed of a president and a sufficient number of military, civilian judges, or

both. It consists of one or more circuit and shall issue its rulings in a tribunal

formed of three judges.

b. The martial courts for felonies, during the enforcement period of martial laws,

shall be competent to examine the following crimes:

1. Felonies.

2. Crimes determined in order of the Executive Authority whose least

punishment is imprisonment.

3. Felonies affecting State security.

3. All judges shall be selected by the Executive Authority.

4. The assembly of the said martial courts shall be valid only in the presence of a

representative of the Public Prosecution to be chosen from members of the Military

or Public Prosecution by the Executive Authority as the case may be.

5. Each Court shall have a secretary who is entrusted with writing the trial’s procedures,

under the court’s president’s supervision, in a record which he and the court

president sign.

Federal Law No. (11) of 2009 Concerning Martial Laws

Article (7)

The Executive Authority may order referral to the Martial Courts in common law offenses,

provided that they should explain such crimes in detail in the referral decree issued by them.

Article (8)

The Executive Authority may, necessity so requires, order the formation of Martial Courts

from among the Officers of the Armed Forces with legal background, and the court shall in

this case apply the procedures set by the Executive Authority in its order of formation. One

of the officers of the Armed Forces shall act as the Public Prosecution representative, and the

jurisdiction of such courts shall expire upon the expiry of the purpose for which they were

formed.

Chapter Five

The Provisions of Arrest

Article (9)

1. Any person may be immediately arrested if he violates the instructions of the Executive

Authority, or commits any of the crimes specified in the orders issued by it.

2. Any person who shall be arrested shall be promptly notified of the rationales for arrest

and shall be treated as a prisoner on remand.

3. The detainee or his legal representative may express grievance against the action taken

against him pursuant to the application of Martial Law.

4. The grievance can be made through a request submitted to the competent martial court

and the court shall decide thereupon by a decision with a statement of the rationales

within a period not exceeding seven days from the date of submittal, after hearing the

statements of both the applicant and the representative of the prosecution.

Article (10)

The arrested person shall be brought before the Martial Court within a period not exceeding

fifteen days from the date of arrest, and the Court may order his release on bail or retain him

Federal Law No. (11) of 2009 Concerning Martial Laws

in custody for a period not exceeding ninety days extendable for one similar period.

Article (11)

1. The Executive Authority may drop the case prior to referral to the Court.

2. The Executive Authority may order interim release of the detainee before referring the

case to the Martial Court.

Chapter Six

Investigation and Trial Procedures

Article (12)

1. Except as stipulated by the procedures of the present law or the orders issued by the

Executive Authority, the provisions contained in the Code of Penal Procedures shall be

applied in the investigation of cases which the Martial Courts are to settle, and are to

consider their procedures, pass verdicts thereon, and implement the punishments res

judicata, and such procedures may be reduced by an order of the Executive Authority.

2. Upon the investigation, the representative of the Public Prosecution shall have all

authorities and powers conferred upon him by virtue of the law.

Article (13)

The Martial Court may, during the consideration of the case, issue a decision of interim

release of the detainee.

Article (14)

1. Subject to the provisions of Article (6) of the present law, a competent Judge shall be

mandated, pursuant to a resolution issued by the Executive Authority, and assisted by a

sufficient number of judges and staff, to verify the authenticity of the procedures,

examine the grievances of the concerned people, and give his opinion thereupon. The

said judge shall, for every felony, deposit a memorandum explaining his opinion and

submit it to the Executive Authority prior to the verdict’s ratification.

Federal Law No. (11) of 2009 Concerning Martial Laws

2. In the cases of urgency, the mandated judge may limit his opinion to writing it on the

verdict papers margins.

Article (15)

The claims of civil rights shall not be accepted by the Martial Courts.

Article (16)

1. The judgments issued by the Martial Courts shall not be challenged by any means.

2. The judgments issued in felonies and crimes threatening the State's security shall be final

and enforceable only after approval by the Executive Authority.

3. If the verdict issued was death penalty, it shall be enforceable only after ratification by

the President of the State.

4. President of the State shall have the right to pardon the convicted person or replace the

death penalty with a lesser one, in accordance with the provisions of the Constitution.

Article (17)

The Executive Authority may, in the case of passing an acquittal judgment in a felony or an

offense threatening the State's security, order its abrogation and order a new trial before

another Martial Court formed of different judges, and in all events if a new acquittal verdict

is passed, it should be ratified by the Executive Authority.

Article (18)

The Executive Authority may, after ratification of the verdict of indictment, order to rescind it

and drop the lawsuit, or reduce or replace the punishment, or stop the implementation

thereof provided that such decision is based on specified rationales.

Article (19)

1. Upon expiry of the Martial Law, Martial Courts shall continue to consider the cases

referred thereto during the validity of Martial Law in accordance with the procedures to

Federal Law No. (11) of 2009 Concerning Martial Laws

be followed before them.

2. The cases in which the defendants were not referred Martial Courts shall be referred to

the competent courts, and the applicable procedures shall be followed.

Article (20)

1. The provision of the first item of the previous article shall be applied on the lawsuits

upon which the Executive Authority decides re-trial in accordance with the provisions of

this Agreement.

2. The Executive Authority shall retain all authorities prescribed by virtue of the provisions

of this law, as concerning both the verdicts passed by Martial Courts before lifting

Martial Law and which were not ratified, or for the verdicts passed after retrial.

Chapter Seven

Punishments

Article (21)

Anyone who violates the orders issued by the Executive Authority shall be punished

according to the punishments prescribed in such orders; and such punishments may not

exceed imprisonment for two years and paying a fine of not more than AED 100,000

(Dirhams one hundred thousand) or by either punishment.

Article (22)

Anyone who violates the orders issued by the Executive Authority shall be punished by

imprisonment for a period not exceeding six months and by a fine of not more than AED

50,000 (Dirhams fifty thousand), or by either punishment in case of no punishment is

stipulated in such orders.

Federal Law No. (11) of 2009 Concerning Martial Laws

Chapter Eight

Final Provisions

Article (23)

Implementation of this law shall not entail prejudice to the rights and powers assigned to

the Commander of Military Forces in the time of war in the area of military operations.

Article (24)

Competent authorities, in their respective areas, shall implement the provisions of this law.

Article (25)

This present law shall be published in the Official Gazette and shall come into force as of the

day following the date of publication.

Khalifa Bin Zayed Al Nahyan

President of the United Arab Emirates

Promulgated by us at the Presidential Palace, Abu Dhabi on:

Dhu al-Hijjah

19, 1440 Hijri

December 6, 2009