By Bassam Za'za', Senior Reporter
Published: May 23, 2008, 00:19
Dubai: A court has issued a landmark ruling which bars victims of juvenile crime from claiming civil compensation before a juvenile court.
The Dubai Court of Appeal which issued the landmark ruling said a juvenile court is a special court which prosecutes juveniles and not their custodians. The Dubai Court of Appeal recently turned down a civil compensation claim filed by the custodians of a 16-year-old French boy who was kidnapped and forced to have sex by two Emirati adults and a teenager.
Threatened
The two adults and 17-year-old teenager, E.D., drove to a desert area where they threatened and assaulted the French schoolboy before having sex with him against his will. The Dubai Court of Cassation confirmed a 15-year prison term against the adult offenders. Meanwhile E.D. is serving a three-year prison term.
The French boy's custodian lodged a civil lawsuit against E.D. claiming Dh20,200 in temporary compensation before the Dubai Juvenile Court which dismissed the lawsuit.
The Appeal Court issued its landmark ruling in which it rejected the victim's claim for civil compensation.
The landmark ruling said that any victim who sustains damage caused by a juvenile does not have the right to lodge a civil lawsuit and claim compensation from the minor's custodian in a juvenile court.
"According to Federal Law no 9 of 1976, the Juvenile Court was formed to look into cases of juvenile delinquency in secret hearings and no one is allowed to attend the proceedings without the judge's permission.
"The juvenile court looks into the youngsters' benefits and interests and supplies them with all precautionary methods which develop them socially and helps them integrate into society. The above law made it precise that the juvenile court handles teenage cases... A victim has the right to claim civil compensation for any accrued damages but not against juveniles who are being prosecuted in juvenile courts," said the landmark ruling.
Published: May 23, 2008, 00:19
Dubai: A court has issued a landmark ruling which bars victims of juvenile crime from claiming civil compensation before a juvenile court.
The Dubai Court of Appeal which issued the landmark ruling said a juvenile court is a special court which prosecutes juveniles and not their custodians. The Dubai Court of Appeal recently turned down a civil compensation claim filed by the custodians of a 16-year-old French boy who was kidnapped and forced to have sex by two Emirati adults and a teenager.
Threatened
The two adults and 17-year-old teenager, E.D., drove to a desert area where they threatened and assaulted the French schoolboy before having sex with him against his will. The Dubai Court of Cassation confirmed a 15-year prison term against the adult offenders. Meanwhile E.D. is serving a three-year prison term.
The French boy's custodian lodged a civil lawsuit against E.D. claiming Dh20,200 in temporary compensation before the Dubai Juvenile Court which dismissed the lawsuit.
The Appeal Court issued its landmark ruling in which it rejected the victim's claim for civil compensation.
The landmark ruling said that any victim who sustains damage caused by a juvenile does not have the right to lodge a civil lawsuit and claim compensation from the minor's custodian in a juvenile court.
"According to Federal Law no 9 of 1976, the Juvenile Court was formed to look into cases of juvenile delinquency in secret hearings and no one is allowed to attend the proceedings without the judge's permission.
"The juvenile court looks into the youngsters' benefits and interests and supplies them with all precautionary methods which develop them socially and helps them integrate into society. The above law made it precise that the juvenile court handles teenage cases... A victim has the right to claim civil compensation for any accrued damages but not against juveniles who are being prosecuted in juvenile courts," said the landmark ruling.
