REPLACING FOREIGN JUDGES OVER TIME

C O N F I D E N T I A L SECTION 01 OF 02 ABU DHABI 003137 SIPDIS SIPDIS E.O. 12958: DECL: 08/02/2016 TAGS: PREL KJUS EG SU AE SUBJECT: REPLACING FOREIGN JUDGES OVER TIME Classified by PolChief Al Magleby, reasons 1.4 (B) and (D). ¶1. (C) Summary: An IV-grantee with extensive experience in the UAE judicial system offered insights into the foreign lawyers, prosecutors and judges who now staff much of the court system in the Emirates and efforts to train UAE nationals to take over. He noted that two of the seven Emirates maintained a "local" judicial system apart from the federal judiciary, cited how the tenure of Egyptian judges tended to be more difficult to extend than that of the Sudanese, and said that a phasing out of foreign judges would require 35 new UAE-national recruits each year through 2014. Currently, only 25 slots are funded. He saw potential change in the current law which does not allow for female judges. End summary. ¶2. (C) On July 26, Dr. Mohamed M. Al-Kamali, General Director of the UAE Institute of Training & Judicial Studies, shared some background on the UAE judicial system with the Ambassador prior to Al-Kamali's departure for an IPR-related International Visitor program in the U.S. (he is also a legal consultant to the UAE's delegation to U.S.-UAE FTA discussions in London). Al-Kamali noted that the nation's various emirates differ in some respects in their judicial traditions; for example, Abu Dhabi enjoys a summer "judicial holiday" while Dubai does not. He noted that five emirates are part of the federal judicial system, while Dubai and Ras Al-Khaimah have a "local" judiciary. (Note: The UAE Constitution established a federal judiciary, although each emirate retains the right to opt out of the federal system -- except for cases involving state security or other matters of federal significance. Both federal and local systems have three levels: courts of first instance, appellate courts, and Supreme Court. End note.) Foreign judges -------------- ¶3. (SBU) Egyptian and Sudanese judges staff much of the UAE's judicial system, with a limited number of Syrian, Moroccan, Jordanian, and Mauritanian judges (the handful of Mauritanians limited to adjudicating "family cases"). These judges generally come for four-year contracts with the option of extending for two years. The Egyptian judges are usually required by their home government to return after six years (extensions requiring a cabinet-to-cabinet level request and approval),although Sudanese judges are often permitted further extensions. ¶4. (SBU) The UAE has patterned its legal system on that of Egypt, so many Egyptian judges are able to go to work "from day one" without too much retraining. The Sudanese judges, however, may take a few months to acclimate. There are reportedly disparities in benefit packages. For example, Moroccan judges essentially receive a dual salary (from the home government as well as the UAE) and Syrian judges are here on "leave without pay" from Damascus (and can extend their stay only if they pay back their Syrian government pensions). (Note: As of March, 2006, over 240 of the approximately 460 members of the federal judiciary were not UAE citizens. End note.) Recruiting local judges -------------- ¶5. (C) Due to the time required to advance through the judicial system to become a judge, Al-Kamali said the UAE needed to recruit and retain 35 UAE nationals annually to build its own cadre of judges by the year 2014. That is when the "first batch" of full-fledged judges could assume their positions and essentially staff the system without foreigners. He said the pool of local candidates was large, and recruiting 35 annually was feasible if the Ministry of Justice (MoJ) budget could accommodate that number. Currently the MoJ budget only allots funds for 25 annual recruits, which he said may have been sufficient when the UAE population was smaller -- the current population required 35 annually and possibly more depending on future population growth. ¶6. (C) In 2005, according to Al-Kamali, 25 recruits were chosen from among 117 applicants; these applicants came from the 200 or so Emirati graduates of law faculties, primarily from the UAE University in Al Ain or law schools in Sharjah and Ajman. A few of the applicants had also studied overseas ABU DHABI 00003137 002 OF 002 (Al-Kamali mentioned Jordan, Egypt, and France). Al-Kamali said that some law graduates chose more lucrative career options -- and made it clear to him that money was their goal when he asked them why they had not applied for a career in the judiciary. ¶7. (C) UAE law does not currently allow for female judges or prosecutors, although that law "may change" as the Cabinet reviews the situation. (Note: Many interpret the Koran as forbidding female judges, which would make their participation in Sharia cases problematic. End note.) Al-Kamali said the UAE did have trained female lawyers -- "three graduated last year" -- who could join the judicial ranks if permitted. At present a number of them are appointed to MoJ as government lawyers, possibly anticipating a change in the law to allow them to train for future judgeships. (Comment: Not knowing the benefit package of UAE judges, it is difficult to predict retention rates over time, although one would assume that excluding females from the ranks only diminishes retention over the long term -- as this closes a key avenue to professional success for half the population. End comment.) Foreign lawyers -------------- ¶8. (C) Foreign lawyers are allowed to practice in the UAE with MoJ approval, according to Al-Kamali, a situation that would continue when judges were "Emiratized." A party seeking a lawyer should carefully check the credentials of his counsel, Al-Kamali noted, citing the example of an articulate yet un-licensed Egyptian lawyer who accepted a 100,000 Dirham fee and left the country. Speaking Arabic is a condition for practicing law in the UAE, as all courts are conducted in Arabic. Defendants were offered translators when required, and any failure of the court to offer appropriate translation could be grounds for a challenge or appeal of the case. Training, organization, and pardons -------------- ¶9. (C) Al-Kamali said the UAE conducted frequent seminars to keep judges and prosecutors updated on the law. He noted periodic reorganizations of the MoJ, including the movement of "Islamic Affairs" in and out of the MoJ umbrella three times since 1971. He said his institution, the Institute of Training & Judicial Studies, was currently independent of MoJ and funded by a separate budget. Explaining why the UAE tended to have smaller numbers of pardons on religious holidays than some other Muslim states, Al-Kamali said the UAE criteria for a pardon tended to require that 50% of a sentence had already served, in addition to a record of good behavior. He also noted that some "pardons" simply meant that a ruler had agreed to pay the fine in a civil case. QUINN