Extradition in the UAE: Legal Landscape
10 August 2024
Josleen Deeb
The United Arab Emirates (UAE), a global business and tourism hub, has a sophisticated legal framework governing extradition. This process, the surrender of a person accused or convicted of a crime by one state to another for trial or punishment, is a critical component of international cooperation in law enforcement.
Dubai: The UAE's extradition laws are primarily enshrined in the Federal Penal Code and the Criminal Procedures Code. These laws outline the grounds for extradition, the procedures to be followed, and the rights of the accused. The UAE is also a signatory to several international treaties and conventions related to extradition, such as the Arab League Convention on Extradition and the Convention on the Suppression of Terrorism.
The extradition process in the UAE typically involves a request from a foreign state to the UAE's Ministry of Interior. The request must specify the crime alleged, the evidence supporting the accusation, and assurances that the individual's rights will be protected. The UAE authorities then assess the request based on the domestic laws and international obligations. If the request is approved, the individual is apprehended and subjected to legal proceedings, including the right to challenge the extradition.
I.Understanding Extradition
Extradition has become a topic of significant discussion, with the UAE often at the center of such conversations.
But what exactly does extradition entail?
At its core, extradition is a form of international judicial cooperation where one country hands over an individual to another country. This individual may either be accused of a crime or already convicted in the requesting country. The process allows the individual to face trial or serve their sentence in the requesting country. Simply put, extradition is an agreement between two or more nations to collaborate in returning or transferring individuals accused or convicted of crimes.
Grounds for Extradition
The UAE's extradition laws generally cover a broad range of criminal offenses, including but not limited to murder, theft, fraud, drug trafficking, and financial crimes. However, extradition is typically denied for political offenses, as defined by UAE law. This provision aims to protect individuals from persecution based on political beliefs or activities.
II.The UAE’s Extradition Laws and Framework
Extradition in the UAE is a well-defined concept supported by a comprehensive legal framework. It is governed by various laws, including:
•Bilateral Extradition Agreements: Agreements between two countries.
•Multilateral Agreements: Agreements involving multiple nations.
•Federal Law No. 39 of 2006: Also known as the Extradition Law, which addresses international judicial cooperation in criminal matters.
III.Countries with Bilateral Extradition Agreements with the UAE
The UAE has established bilateral extradition agreements with several countries, including: Italy, France, The UK, Denmark, The Netherlands, Ukraine, Australia, Algeria, Bahrain, China, Egypt, India, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Pakistan, Republic of Korea, Republic of Kazakhstan, Russia, Saudi Arabia, Spain, Tunisia
Examples of Multilateral Agreements
A prominent example of a multilateral agreement is the Riyadh Arab Convention on Judicial Cooperation (1983), which includes various Gulf Cooperation Council (GCC) and Middle Eastern countries, such as Saudi Arabia, Qatar, and Egypt. Most Arab nations, including Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Algeria, Bahrain, Iraq, Saudi Arabia, and Tunisia, are signatories to this convention.
Extradition in the Absence of Agreements
In cases where no formal extradition agreement exists between the UAE and another country, the UAE Extradition Law applies.
General Requirements for Extradition
Extradition requests must fulfill specific criteria related to documentation and the underlying crime. Under Federal Law No. 39 of 2006 (UAE Extradition Law), the UAE may accept an extradition request if:
•The crime in question is punishable by at least one year of imprisonment in the requesting country.
•The remaining sentence for the accused is a minimum of six months.
•The crime does not need to be classified as an offense in both countries.
•The elements of the crime need not be identical in both jurisdictions.
•The specific name of the crime is not required to be the same.
IV. Challenging Extradition Requests
Extradition requests in the UAE can be contested on several grounds, such as:
•Procedural Issues: Insufficient documentation or improper translation.
•Lack of Jurisdiction: The requesting country does not have the right to prosecute the individual.
•Expiry of Statute of Limitations.
•Prohibited Punishments: The penalty in the requesting country is prohibited under UAE law.
•Rights of the Accused
The UAE guarantees certain rights to individuals facing extradition. These include the right to legal counsel, the right to challenge the extradition decision in court, and the right to be informed of the charges against them. The UAE courts play a crucial role in ensuring that extradition proceedings are conducted fairly and in accordance with the law.
V.Exceptions to Extradition
Extradition is not permitted in the following scenarios:
•If the individual is a UAE citizen.
•If UAE law applies to the case.
•If the crime is political, excluding terrorist acts, war crimes, genocides, and aggression against the government.
•If the crime involves military obligations.
•If the crime is based on racial, religious, national, or political grounds.
•If the person has already been tried or acquitted in the UAE, or if the sentence has been served.
•If the criminal case has been closed or the sentence has expired.
•If the individual is likely to face torture or inhumane treatment.
Challenges and Controversies
While the UAE has made significant strides in its extradition framework, challenges and controversies persist. One area of concern is the extradition of UAE nationals, which can be a sensitive issue due to domestic laws and cultural considerations. Additionally, critics have raised questions about the speed and transparency of the extradition process, as well as the treatment of detainees.
In Conclusion
The UAE plays an increasingly active role in extraditing individuals, with its representative currently chairing Interpol and aiding in the issuance of red notices based on extradition requests. As a result, more extradition cases and requests are likely to arise in the future.
Extradition is a complex legal matter with far-reaching implications for individuals, states, and international relations. The UAE's extradition framework reflects its commitment to international cooperation in law enforcement while safeguarding the rights of its citizens and residents. As the UAE continues to evolve as a global player, its extradition policies will likely remain a subject of interest and scrutiny.
ALKETBI TOUCH:
ALKETBI team can provide support in evaluating extradition cases and assist you obtaining necessary authorizations and drafting relevant documentation and policies in this regards. For more information, contact our experts!
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