UAE | Crime
Guarantor to collect passport
Ask the Law - May 9, 2009
A reader in Dubai asks: On February 3 I stood as a guarantor - submitted my passport - for a family friend. There are many charges against him, which we are not fully aware of, starting from absconding to petty misbehaviour and bounced cheques. When I went to the police station, I was not told much, but was asked if I had brought my passport and a security cheque for the amount. The cheque was not received, only my passport was retained, and I was given a paper (in Arabic) in which I was told to confirm that my passport is retained as a security, as a bail for the man. I was also told he has 30 days to clear the case, or we both will be called again. My friend was summoned to Jebel Ali police station for some other charges within the 30-day period, was arrested and sentenced to a month in prison, followed by deportation. After the punishment, he was around for some 10 days, during which he called us once and sent a text message. After that his phone was switched off. We suspect he has been deported or if he is still around, he is surely dodging us. I went to Jebel Ali police station, asking for my options, for which I was told by the officer that the man will not be deported unless the charges against him are cleared, and though I am the guarantor, the charges are against him. Now what are my options? How stiff will the law be against me? Will I be allowed to take my passport? My passport expired in February this year and my employment visa expires in September. I need to withdraw my passport so as to renew the visa and passport. Moreover, I don't want to ask another person to stand as a guarantor.
The reader - as guarantor - has two options:
1) Apply to the police station where the passport is deposited to collect it as the accused is under police custody and therefore there is no need to keep the passport with the police. The rule is to bring the accused to the police and now as the accused is in police custody, the reader can collect his passport.
2) Apply to the public prosecutor to issue an order to the police station to release the reader's passport as the accused is already in their custody.
- Question answered by advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.
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