AI to monitor inmates in UAE jails from April 2025

Abdulrahman Saeed, Staff Reporter

The United Arab Emirates has enacted the Federal Decree-Law No. 34 of 2024, which regulates the use of artificial intelligence (AI) in penal and correctional establishments.

The decree stipulates that AI may be employed to monitor inmates and predict their intentions, health, and psychological conditions, provided that the controls outlined in the executive regulations of the decree are adhered to. The decree is scheduled to take effect in April 2025.

The decree specifies that penal and correctional establishments are classified into two categories, one is for men and the other is for women. The objective is to optimise the capacity, type, specialisations and proximity to public service areas.

It is a requirement that women's institutions provide specialised facilities for pregnant inmates or those accompanied by children. Penal institutions must adhere to specific standards for the care of inmates with disabilities and provide facilities that facilitate their physical, psychological and cultural rehabilitation.

In accordance with the decree, the officer of the establishment is obliged to promptly notify the relevant administrative authority and the Public Prosecution of the death of any inmate who dies suddenly or as a consequence of an accident or suicide, or who suffers a significant injury, or in cases of escape.

In cases that require such communication, such as mass rebellion and epidemic diseases, the necessary administrative measures shall be taken.

Inmates' Rights

The decree clarified that while incarcerated, an inmate is entitled to three fundamental rights: The decree stipulates that inmates are to be treated with respect and dignity, that they are to be protected from torture, cruel treatment or degrading punishment, and that they are to be granted access to any judgement or document that pertains to them.

Furthermore, he/she is entitled to submit any petition, lawsuit, report, request or memorandum that he/she deems appropriate, provided that he/she can demonstrate that his/her requests have been conveyed to the relevant authority within the stipulated legal timeframe.

Additionally, inmate is to be furnished with information regarding his obligations, restrictions and potential penalties in a language that he/she comprehends.

It sets forth the stipulation that each incarcerated individual is entitled to submit a written grievance to the establishment's designated authority at any time and request that it be conveyed to the relevant public prosecutor.

The officer is obliged to accept and report the complaint immediately, after recording it in the database, and provide the public prosecution with all the data it requests.

Inmates Admission

The decree delineates six circumstances under which inmates may be admitted into prison: It is not permissible for any individual to be imprisoned unless a written committal order has been issued by the relevant public prosecutor, the competent court, or any other legally competent authority.

An inmate may not remain beyond the period specified in the committal order upon admission to a penal and correctional establishment.

The committal order must be summarised in the database within the record of the inmate's category.

In the event of transfer from one establishment to another, the committal order and all other papers related to the inmate must be sent with him/her.

In accordance with the legislation currently in force in the country, each inmate must undergo an examination upon admission, and the results of this examination must be recorded in the database.

The Executive Regulations of this Decree-Law shall provide the procedural and mechanical framework for the processing of fingerprints.

Upon admission, the institution shall facilitate communication between the inmate and his/her family or other individuals of his choosing, informing them of his whereabouts.

 Pre-trial Detainees

The decree stipulates that inmates in pretrial detention have the right to meet their visitors, correspond with whomever they wish, and communicate with any person under the supervision of the establishment's officer or his representative, unless the detention order prohibits this.

An inmate in pretrial detention may communicate with others upon written authorisation from the Public Prosecution in two cases: A foreign national may communicate with their respective embassy, diplomatic mission, or the entity responsible for representing their interests within the country, and meet with their legal counsel upon confirmation of their status.

It is not permitted for any individual to communicate with the remand prisoner without prior written authorisation from the Public Prosecution. It is the responsibility of the officer in charge of the establishment to record the details of all contacts and interviews in the relevant database.

This information should include the personal data of all parties involved, the time and duration of the contact or interview, and the date and content of the authorisation. 

Pregnant Inmates

The decree clearly defines the mechanism for a pregnant inmate. Once her pregnancy is confirmed, she is exempt from work in a penal and correctional establishment and receives special care regarding food and sleep.

Any disciplinary sanctions against her are postponed until after her delivery or until her baby is no longer with her, as appropriate.

She must be transferred to the hospital when the date of delivery is approaching and must remain there until she gives birth and the doctor decides to discharge her.

She and her newborn will receive the necessary care, including appropriate food, clothing and rest.

If she does not want her child to stay with her or if she reaches this age, the child will be handed over to a person with the right to custody or care for the child.

If this is not possible, the child will be placed in a care home. In all cases, the mother must be informed of the place of placement and shall be permitted to see the child at regular times in accordance with the procedures set forth in the executive regulations of this Decree.

In all cases, the birth certificate shall not indicate that the child was born in a penal and correctional establishment or in its own hospital or that the mother was admitted into the establishment.

 Inmates Education

In accordance with the decree, inmates are entitled to pursue their studies at their own expense. The establishment is obliged to collaborate with the relevant educational authorities to ensure the smooth attendance of inmates at classes and lectures, utilising the available resources.

Furthermore, inmates are permitted to take their examinations in person or remotely.

Family members visits

A family meeting may be permitted by the establishment, with the approval of the Public Prosecution, in cases of emergency or for reasons of work, education, training or family visits.

The inmate, who has served a minimum of three months of his sentence is permitted to meet with members of his family up to the second degree or his spouse, provided that a request is submitted to the establishment's officer stating the names of the individuals to be met and the relationship between them. The right to family visits does not supersede the right to other forms of visitation, provided that the requisite conditions are met.

 Disciplinary Penalties

The decree also explains the disciplinary penalties that may be imposed on inmates. They include warning, deprivation of all or some of the privileges prescribed for their category for a period not exceeding 30 days, deprivation of reducing the term or being a candidate for conditional release after three quarters of the term has elapsed, and solitary confinement for a period not exceeding seven days.

Conditioned release

The decree stipulates that any inmate sentenced to a term of one month or more of restricted liberty shall be released if they have served three-quarters of their term, their behaviour evinces a positive trajectory conducive to rehabilitation, and their release does not endanger public security.

In the event that the penalty imposed is life imprisonment, the individual in question shall be released if they have served a minimum of 20 years. A decision shall be issued by the Minister of the Interior, and a copy thereof shall be transmitted to the Public Prosecutor. Any inmate convicted of offences for which the Code of Criminal Procedure allows for criminal settlement and who has served two-thirds of their sentence may apply for release in exchange for a financial penalty.

The acceptance of the application is contingent upon the inmate's fulfilment of all financial penalties, restitution, and compensation awarded to him prior to the decision to accept or reject the application.

In the event that an inmate has undergone a period of pretrial detention prior to serving his/her sentence, his/her release shall be contingent upon the full term of his sentence, inclusive of the period of pretrial detention to be deducted from the term of the sentence.

In the event that a pardon is issued with the intention of reducing the term of the sentence, the period of time to be served in the institution for release shall not be incorporated into the calculation of the period reduced from the sentence by virtue of the pardon.

Exceptional Leave

In accordance with the stipulations set forth in the decree, inmates within the transitional age group may be granted authorization to take the following exceptional leaves: Inmates may also be permitted to leave the penal and correctional establishment to visit relatives on official holidays and special occasions, as well as in exceptional family situations.

In collaboration with the relevant authorities, the beneficial freedom system may be implemented for convicted inmates in the transitional age category by engaging them in external employment opportunities within the government or private sectors, as outlined in the executive regulations of this decree.

Penalties & fines

Furthermore, the decree stipulates that any individual who introduces or attempts to introduce into the establishment, or removes or attempts to remove, in any manner, any prohibited materials in accordance with the laws, regulations and decisions regulating the establishment's operations, or provides an inmate with prohibited materials during the transfer process, shall be subject to a minimum six-month imprisonment term and a minimum Dhs50,000 fine, or both.

The penalty shall be a minimum of one year's imprisonment and a fine of a minimum of Dhs100,000, or both. In the event that an employee of the establishment or individual charged with the security of the inmate in question is found to have committed, facilitated, or assisted in the commission of any of the aforementioned acts.

Those who provide inmates with weapons or tools with which to escape or perpetrate criminal acts shall be imprisoned for a minimum of five years. If the act is committed, facilitated, or assisted by an employee of the establishment, the penalty shall be imprisonment for a minimum of ten years.

Any inmate who destroys, disrupts or harms the property and facilities of the establishment shall be liable to a sentence of imprisonment and a fine, and shall be ordered to pay compensation for the value of the property in question.