UAE laws enable victims to seek civil compensation

Dubai: Madeline, a young Filipina saleswoman, was walking home one evening in 2014 when she was kidnapped and raped at knifepoint. The aggressor was punished with a long-term imprisonment but Maria did not know what to do except complain to the police.

Maria, a Serbian executive, was kidnapped by a drunken friend and assaulted after they dined together in the summer of 2013.

She not only took criminal action against her abductor but also civil legal action. Her kidnapper was recently handed a jail term.

Mohsen is an Iranian realty agent, who rented out a flat against a cheque that later bounced for lack of sufficient funds. The cheque’s signee was handed a six-month imprisonment but Mohsen never managed to claim his Dh120,000 rent.

Abdul Rahman, a Pakistani merchant whose warehouse was robbed in 2012 by four thieves, has never managed to recover the Dh250,000 value of the stolen items.

The above-mentioned incidents are four separate court cases that were handled by Dubai courts.

Of the four victims in these cases, it was only Maria who lodged a civil compensation claim, in what is known under the Civil Procedures Law as a civil lawsuit, and won it.

“Maria did her homework right,” advocate Ali Musabbeh Dahi told Gulf News. “She believed that she incurred damages, emotional and moral, because of what happened to her. She researched and discovered that the UAE laws protect victims’ criminal and civil rights. Prosecutors are the government body that protect the rights of the public. Meanwhile, civil rights have to be pursued, protected and claimed by the pertinent person, or by someone who’s legally known by the victim. That was when Maria hired me to lodge a civil lawsuit against her kidnapper and seek compensation for the damages that she sustained,” he said.

Dahi and a cross-section of lawyers interviewed by Gulf News believe that many individuals don’t know that they have the right to seek civil compensation when they are victimised or sustain any damages that materialise from a criminal act.

In the hours and days after falling prey to a criminal act, lawyers interviewed by Gulf News have encouraged victims to bring attackers to justice not only in the criminal courts, but also in civil courts by filing for financial compensation for physical and emotional damages.

Unanimously, these legal experts urge victims to take civil action against their aggressors and try to move on with their lives, no matter how hard their challenges seem to be.

Advocate Eisa Bin Haidar said: “When individuals are victimised [by whatever form of criminal behaviour], this is deemed to be a tormenting ordeal that could affect them emotionally, physically, morally and, mostly, materially. I urge victims to lodge civil lawsuits and claim compensation.”

Advocate Bin Haidar supports victims in seeking emotional, mental, medical and financial compensation by guiding them in the lodging of civil lawsuits and claims.

He understands the sensitivity associated with having been the victim of a crime. But he believes in the dictum of seeking justice as a way of bringing about some form of closure. “Although not all the money in the world can rectify the effects of the crime that has been inflicted on them, victims should always seek civil compensation, at least as a matter of principle,” he advised.

According to the UAE civil law, a victim has the legitimate prerogative to seek compensation for the pain and suffering that followed the incident, he said.

But it’s not just victims of criminal acts that have a right to seek civil lawsuits. Bin Haider highlights another important aspect: “The Criminal Procedures Law’s Article 25 enables a suspect, who was wrongly or maliciously accused [by a victim or a complainant] of committing a crime, to seek civil compensation. If court investigations unveil that a victim/complainant lied under oath or fabricated allegations against the aforementioned suspect out of malice, then the law entitles that suspect to lodge a civil lawsuit against the relevant victim/complainant,” he explained.

The act of seeking compensation for a crime committed against oneself, however, is not a cut and dried decision. It is subject to a welter of emotions and conflicting thoughts that act as stressors on the victim’s mind. Advocate Mohammad Abdullah Al Redha said: “Trauma, feeling of insecurity, disbelief and mistrust are the harshest emotions that hit a victim of rape, assault, theft, kidnapping, swindling and deception or any sort of crime.”

As a result of the trauma, he said, some victims tend to disassociate themselves from society completely. He believes this is a wrong attitude, “Although, it is understandable. Whatever the reasons that discourage victims from lodging a civil lawsuit may be, they [victims] should and have to seek compensation… at least as a point of principle,” he said, echoing Bin Haider’s view. “Added to the criminal court’s punishment, a civil compensation could also act as a stronger deterrent to criminals.”

An important aspect of seeking compensation in criminal cases is the reluctance of the victims to face their perpetrators in court. Most victims, said Al Redha, tend not to attend court proceedings to avoid confrontation with their aggressors. But he believes they should not baulk at the prospect. “They should [face them]. Victims should stand up for themselves and confront their aggressors and seek civil action against defendants. The UAE is a land of justice. All individuals are treated equally and justly, and that is a right protected by the constitution and all the pertinent laws herein. In my opinion, a victim should lodge a civil lawsuit against his/her aggressor concurrently with the criminal complaint,” stressed Al Redha.

Advocate Uday Al Kazwini highlights a crucial aspect of the civil lawsuit — its power to restore mental and psychological equilibirum to a victim. The main goal of a civil lawsuit, he said, is to help victims recover from their emotional and psychological damages.

“A compensatory amount from a civil lawsuit could help a victim rehabilitate himself/herself or have a fresh beginning… particularly given that victims require, and deserve, compensation,” he said.

As per the UAE Civil Law, Al Kazwini said, a victim is entitled to seek financial compensation for loss of potential gains and incurred damages.

He provides an example to illustrate his point. “Currently, I am handling a civil compensation claim in which I am representing the family [blood parents] of a sailor who died, and the families of three sailors, who were injured, in a hapless shooting incident. Being their families’ sole breadwinners, my clients are seeking compensation against the emotional, physical, financial and moral damages that were inflicted on them due to the accident.”