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Crime Control, Policing and Security in the United Arab Emirates

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Crime Control, Policing and Security in the United Arab Emirates CRIME CONTROL, POLICING AND SECURITY IN THE UNITED ARAB EMIRATES KHALIFA RASHID MOHAMMED AL-SHAALI A thesis Submitted for the Degree of Doctor of Philosophy in Law At the University of Wales at Aberystwyth May 1999 DECLARATION This work has not previously been accepted in substance for any degree and is not being concurrently submitted in candidature for any degree. STATEMENT I This thesis is the result of my own investigations, except where otherwise stated. Other sources are acknowledged by footnotes giving expilicit references.A bibliography is appended. Signed................... "2:: .. :/c:j....................... � (Candidate) Date........... k..Y... /.. >.: . ......'':7. .................... .. d S �-tc..._1, ;-. :":"�•••••••� . S 1gne .......... ;........... r_r;.;;.:/....·....... .. ( uperv1sor. ) Date.. ...............· k-.�.. (. ,,;:,/.. 5'. �................... STATEMENT2 ABSTRACT This thesis originated in the researcher's interest in mapping the effect on the internal security of'-the UAE of the economic, political and social changes that have occurred since federation in 1971, as- well as exploring future threats to security. Having worked in senior positions within the security field in the UAE for many years, the researcher has experienced and studied these changes, and the many threats to security which in some cases are only beginning to emerge clearly. The thesis sets out the historical background to the political, economic, social and security 'development of the UAE. This is followed by an examination of the reliability of the official criminal-statistics in the UAE, and specifically whether they provide an accurate picture of the state of security in the UAE. The thesis then identifies the underlying threats to security in the UAE. The thesis examines the concepts of internal security and social control, and explores the role of informal and formal organisations with respect to social control. The thesis examines informal and formal social control in the UAE and the changes that have occurred particularly since Federation, and asks whether their positive contribution to the internal security of the UAE is under threat. Several questions arise as to the role of the police - what is that role, and is it changing? Are the police currently serving social needs, and how might they he reformed and so operate more effectively in the field of crime control? The thesis also asks whether the administrative system has a clear strategy for dealing with the threats to security. The conclusions and recommendations of this thesis specifically address solutions designed to overcome the major threats to the security of the UAE, and to eliminate obstacles' to the development of an effective crime control strategy in the UAE. Proposals to 'remedy the shortcomings of the various law enforcement' organisation's are also advanced. All these recommendations are intended to ensure a safer society in the UAE. 11 TABLE OF CONTENTS Page ABSTRACT II TABLE OF CONTENTS III TABLE OF ANNEXES XI ACKNOWLEDGMENT XII INTRODUCTION 1 CHAPTER ONE: THE DEVELOPMENT OF LAW ENFORCEMENT IN THE UNITED ARAB EMIRATES: AN HISTORICAL BACKGROUND 6 Introduction 06 1.1 SOCIAL AND POLITICAL STRUCTURE 6 1.1.1 Demography since the 18th century 9 1.1.2 Economic and Political Treaties 12 1.1.3 Conflict between Petroleum Companiesand Its Effect on Security 15 1.1.4 The Pre-Federation Era 16 1.2 SECURITY (Amn) IN THE EMIRATES PRIOR TO INDEPENDENCE 17 1.2.1 Law enforcement in Tribal Law 18 1.2.2 Security in the Emirates Prior to the Emergence Of Law Enforcement Organisations 20 iii 1.3 THE EMERGENCE OF LAW ENFORCEMENT ORGANISATIONS 23 1.3.1 The Emergence of the Judiciary 24 1.3.2 The Establishmentof the Police 32 1. Dubai Police 34 2. Abu Dhabi Police 34 3. Ras Al-Khaimah Police 35 4. Ajman Police 35 5. Sharjah Police 35 6. Um Al-Qaiwain Police 36 36 7. Fujairah Police . 1.3.3 The Emergenceof the Criminal Justice System 37 CHAPTER TWO: POLITICAL, ECONOMIC, SOCIAL, AND LEGAL DEVELOPMENTS IN THE UAE, AND THEIR EFFECT ON SECURITY 39 Introduction 39 2.1 POLITICAL CHANGES 40 2.1.1 Effects Of Political Changes on Security (Amn) 50 2.2 ECONOMIC CHANGES 53' . 2.2.1 The Discovery of Oil 57 2.2.2 Effects Of the. Economic Changes on Security(Amn) 59 2.3 SOCIAL DEVELOPMENT 62 2.3.1 Education 65 2.3.2 Health Care 66 2.3.3 Social Care 67 2.3.4 Changesin Personality and Behaviour 67 IV 2.3.5 Effects of Social Developmentson Security (Amn) 69 1. Demographic changes 69 2. Juvenile delinquency 70 3. Increase in Divorce 70 4. Increasein Crime 70 2.4 CRIMINAL JUSTICE SYSTEM 70 2.4.1 Adversarial and Inquisitorial Models of Criminal Justice 72 2.4.2 The Police 72 2.4.2.1 The Authority of the Police and Police Powers 73 2.4.2.2 Controlling Police Misconduct 78 2.4.3 Public Prosecution 80 2.4.3.1 Duties of the Public Prosecutor 81 2.4.4 The Criminal Courts and the Judges 83 2.4.4.1 Type and Structure of the Courts 86 2.4.5 Conduct of Trial 88 2.4.6 Sentencingand the Prison System 92 2.4.7 Filtering and Diversion in the Criminal Justice System 93 2.4.8 Conclusion 96 CHAPTER THREE: ' OFFICIAL CRIMINAL STATISTICS AND THE STATE OF SECURITY IN THE UAE 98 Introduction 98 3.1 CRIMINAL STATISTICS 100 3.2 ANALYSIS 104 3.3 THE CREDIBILITY OF THE OFFICIAL STATISTICS 106 CHAPTER FOUR: THREATS TO THE INTERNAL SECURITY OF THE UÄE 109 V Introduction 109 4.1 ORGANIZED CRIME 111 4.1.1 Conditions Conducive to Organised Crime 1112 4.1.2 Organised Crime in the United Arab Emirates 114 4.2 IMMIGRATION AND RESIDENCE CRIMES 117 4.3 RELIGIOUS RADICALISM 120 4.3.1 The Wahabies/Salafayeen 122 4.3.2 Al-Okhwan Al-Muslemeen 122 4.3.3 Shi'as 123 4.4 HUMAN RIGHTS VIOLATIONS 125 4.4.1 Other Forms of Discrimination 127 1. Shaikhism 127 2. Unjust Classifications 128 45 INTER-EMIRATES BORDER DISPUTES 132 4.6 RACIAL MAJORITIES IN THE POPULATION STRUCTURE 134 CHAPTER FIVE: SOCIAL CONTROL, FORMAL CONTROL AND THE MAINTENANCE OF INTERNAL SECURITY (Amn): THEORETICAL APPROACHES 135 Introduction 135 5.1 SOCIAL CONTROL 139 5.1.1 The Family 141 vi 5.1.2 The School 145 5.1.2.1The Preventive Role of the School 146 5.1.2.2 The Remedial Role of the School 147 5.1.2.3 Mis-education and the path to Delinquency 147 5.1.3 Cultural Associations 149 5.1.4 The Mass Media 150 5.1.5 Entertainment and Sports 153 5.1.6 Religion 154 5.1.7 Conclusion 159 5.2 THE CRIMINAL JUSTICE SYSTEM 15.9 162 5.2.1. Islamic Criminal Law , 5.2.2 The Justification of Punishment 168 5.2.3 Accountability of the Police in the Criminal Justice System 172 5.2.3.1 Police and Internal Security 176 5.2.4 Conclusion 177 5.3 THE POLITICAL SYSTEM 178 5.3.1 The Legitimacy of the Political System as a Factor in Internal Stability 179 5.3.2" Legitimacy in the Islamic Political system 180 53.3 Legitimacy in the Western political system 183 5.4 THE ECONOMY AND INTERNAL STABILITY 185 vii CHAPTER SIX: INFORMAL SOCIAL CONTROL IN THE UAE 188 Introduction 188 6.1 RELIGIOUS RESTRAINT 188 6.2 THE FAMILY 192 6.3 SCHOOLING 197 6.4 WEALTH AND WELFARE 200 6.5 THE MASS MEDIA 204 CHAPTER SEVEN: FORMAL CONTROL IN THE UAE: THE POLICE 206 Introduction 206 7.1 THE UAE POLICE IN SEARCH OF A DEFINED ROLE 206 7.2 THE ROLE OF THE POLICE 207 7.2.1 The Early Police Role 210 7.2.2 The Police Role Since Federation 210 7.23 Reform 216 7.3 POLICE DISCRETION 217 7.3.1 Under-Policing 220 7.3.2 Over-Policing 221 733 The Control of Police Discretion 222 73.4 Conclusion 224 viii 7.3 POLICE TRAINING 225 CHAPTER EIGHT: CONCLUSION AND RECOMMENDATIONS 230 Introduction 230 8.1 EFFECT OF ECONOMIC DEVELOPMENT ON SOCIAL CONTROL 230 8.2 THE CRISIS IN THE SECURITY SYSTEM - 234 83 SPECIALISED POLICE TRAINING 23'6 Recommendations 236 8.4 CRIME CONTROL SYSTEM: A CHOICE BETWEEN CENTRALISATION AND DECENTRALISATION 237 8.5 A CHOICE BETWEEN `BUDEAUCRACY' AND PROFESSIONALISM 238 . 1. Decentralisation 241 2. Expansion Police'Judicial of Authority .244 3. Demilitarisation of the Police 245 4. Privatisation 246 8.6 CRIME PREVENTION 247 8.6.1 Specific Crime Prevention Objectives 249 1. Family Affairs 250 2. Juvenile Delinquency 250 8.7 CRIME DETERRENCE 251 ANNEXES BIBLIOGRAPHY 254 ix BOOKS 254 1. Books in English 254 2. Books in Arabic 257 THESES AND ESSAYS 261 PERIODICALS 262 NEWSPAPERS AND MAGAZINES 264 LEGAL/ADMINISTRATIVE REPORTS AND DOCUMENTS 264 INTERVIEWS AND MEETINGS 266 TABLE OF ANNEXES Map Of Oman Peninsula (1890) Saudis, Omanis, and Abu Dhabi 2 Border Claims (1913 - 1954) Chart of the Gulf of Persia,showing the 3 EmergenceOf SettlementsOn The Coast Of Oman (1830) Weapons As Part Of Omani National Dress 4 Of 5 Questionnaire - Credibility The Criminal Statistics In The UAE Of 6 Questionnaire - Inmates Sharjah Prison (Arabic). Tribal Distribution On UAE Map 7 Intermingling of Borders 8 Ministry of Interior Organisational Chart 9 xi ACKNOWLEDGEMENTS I had the privilege and the honour to work with my supervisor Professor. Christopher Harding, who was generous throughout the study with his invaluable guidance, constructive comments and tireless effort. I must thank him for his wisdom, experience and above all his encouragement without which this work would have not seen the light of day. I wish also to extend my gratitude to the staff of Aberystwyth University Library and the National Library for their help and assistance.
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