The extradition procedure in the United Arab Emirates (UAE) is a complex legal process governed by both domestic legislation and international agreements. The UAE is actively involved in international extradition processes, adhering to strict standards of cooperation in combating transnational crime. Extradition in Dubai reflects these high standards, ensuring proper compliance with the rights of both requesting states and individuals whose extradition is sought.
The extradition process is governed by both national and international extradition treaties in the UAE. The country employs two types of extradition: active, where the UAE requests the extradition of a person to face prosecution, and passive, where a foreign state demands the extradition of a person located within the UAE. These processes are regulated by Federal Law No. 39 of 2006 on "International Judicial Cooperation in Criminal Matters," which establishes the procedures and grounds for extradition.
According to Dubai extradition laws extradition is required for financial crimes, money laundering, drug trafficking
On the international stage, the UAE actively engages through treaties such as the European Convention on Extradition of 1957 and similar multilateral agreements. Additionally, bilateral treaties with specific countries also play a crucial role in extradition processes. In the absence of agreements, the principle of reciprocity can be applied, which entails providing similar assistance to the requested state based on goodwill.
Extradition is a legal procedure whereby one country formally transfers an individual to another for trial or punishment. In the UAE, this process is regulated by national laws and supported by bilateral extradition agreements. The UAE has signed extradition treaties with more than 50 countries, including the United States, United Kingdom, India, Pakistan, and Egypt. These agreements enable the UAE authorities to deport foreign nationals accused or convicted of criminal offenses to their home countries. For an extradition request to be accepted in the UAE, specific criteria must be met. Firstly, the offense must be punishable under the legal systems of both the UAE and the requesting country. Secondly, the crime must not be political in nature. Lastly, the requesting nation must submit substantial evidence and detailed information about the charges or conviction.
The criteria for responding to extradition requests in the UAE include:
Once an extradition request is approved, the UAE authorities proceed by arresting and detaining the individual until deportation is arranged. This process can typically take anywhere from 6 to 18 months. Grounds for contesting extradition requests are limited, but they may include concerns about potential political persecution or the likelihood of facing inhumane treatment in the requesting country.
For expatriates, understanding the regulations surrounding extradition requests is essential, particularly in cases where legal proceedings may arise abroad. The best way to avoid complications with extradition proceedings is to refrain from engaging in criminal activities, especially in one’s home country. While minor offenses can sometimes be resolved without the need for extradition, serious crimes usually necessitate compliance with extradition procedures. Being knowledgeable about the relevant laws and knowing your rights can help ease concerns in difficult situations. Ultimately, the UAE authorities emphasize maintaining strong diplomatic and legal relations with other nations, and if a valid extradition request is made through official channels, the UAE is likely to honor it.
The legislation of the UAE includes several grounds for refusing extradition requests. One such ground is the presence of political motives on the part of the requesting party. If there is suspicion that the case is based on political charges, extradition will be denied in accordance with the norms of international law and domestic statutes.
Furthermore, if an individual is at risk of being subjected to torture or inhumane treatment in the requesting country, this can also serve as a basis for refusal. International treaties, such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, provide a crucial legal foundation for such decisions.
Other grounds for refusal include the statute of limitations on the criminal case having expired, the existence of a court decision for the same crime in the UAE, and instances where the crime is not recognised as such according to UAE legislation.
Despite an extensive network of international agreements, not all countries have extradition treaty with the UAE and will proceed with extradition request. The countries that fall into this category include:
The extradition process can be complicated by the absence of a bilateral agreement. However, this does not preclude the possibility of extradition based on the principles of international law or through the mediation of Interpol.
For instance, despite the lack of UAE extradition treaties with the USA, there have been instances of successful extradition proceedings between the two countries through the use of international treaties and mechanisms, such as Interpol's red notices.
An Interpol Red Notice often forms the basis for an individual's arrest in the UAE. However, such notices are not always a guarantee of extradition. An individual subject to a Red Notice has the right to contest it in court, presenting evidence that it was issued for political reasons or without sufficient grounds.
In Dubai, there's a well-developed legal system in place for challenging red notices , which ensures the protection of the rights of individuals subject to international search. International lawyers specialising in extradition play a pivotal role in these cases, providing legal assistance in presenting evidence and contesting the legality of the notices.
UAE extradition lawyers offer expert legal representation, ensuring that the individual’s rights are protected throughout the proceedings. By assessing the details of the extradition request, the lawyer can identify potential flaws and develop a tailored strategy to challenge or mitigate the process. A lawyer ensures that the extradition follows UAE laws and international standards, safeguarding against political persecution or cruel treatment if extradited. They review and prepare evidence, advise on legal grounds for challenging the request, and negotiate with UAE authorities and officials from the requesting country for favorable solutions. Additionally, they advocate for the client’s human rights and provide crucial legal advice and support to help individuals understand their options and possible outcomes.