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.
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.
Despite an extensive network of international agreements, not all countries have formalised extradition treaties with the UAE. 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 extraditions between the two countries through the use of international treaties and mechanisms, such as Interpol's red notices.
The Extradition process in Dubai involves several key stages. Initially, the requesting party must submit an official extradition request, which will then be reviewed by the UAE Ministry of Justice. This request must be supported by sufficient evidence to justify the legality of the claims made and their compliance with extradition treaties in the UAE.
After a preliminary review, the case is transferred to a court, which assesses the legality of the request in terms of international and national law standards. The legal proceedings can last from several months to several years, depending on the complexity of the case and the volume of evidence presented.
Should the court determine that the request meets the established requirements, the individual may be extradited to the requesting country. If extradition is denied, the individual remains within the UAE, and their legal status is further regulated in accordance with the country's domestic legislation.
The legislation of the UAE includes several grounds for refusing extradition. 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 country requesting extradition, 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.
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.