Introduction
Extradition is a formal process where one country requests the transfer of an individual from another country to face criminal charges or serve a sentence. In the United Arab Emirates (UAE), extradition is governed by both national legislation and international agreements. This article takes more nuanced look at how extradition works within the UAE legal framework, including the relevant laws, procedures, and the country's approach to international cooperation.
Legal Framework
The UAE’s extradition procedures are primarily governed by Federal Law No. 39 of 2006 concerning International Judicial Cooperation in Criminal Matters. This law outlines the conditions, procedures, and limitations related to extradition requests made to and by the UAE. Additionally, the UAE is a signatory to several bilateral and multilateral extradition treaties, which further guide its practices in this area.
Conditions for Extradition
For an extradition request to be considered by the UAE authorities, several conditions must be met:
- Dual Criminality: The alleged crime must be recognised as a criminal offense in both the requesting country and in the UAE. This principle ensures that an individual cannot be extradited for an act that is not illegal under UAE law.
- Serious Offenses: Extradition is typically limited to serious crimes, often those that carry a penalty of imprisonment for a certain duration or more severe punishments such as life imprisonment or the death penalty.
- Judicial Review: The request must undergo a thorough judicial review within the UAE. The UAE courts evaluate the legality of the request, ensuring it complies with both domestic law and international treaties.
- Political and Military Offenses: The UAE generally does not permit extradition for offenses that are purely political or military in nature, reflecting a common international norm designed to protect individuals from persecution.
- Human Rights Considerations: The UAE may refuse extradition if there is a significant risk that the individual would face torture, inhumane treatment, or an unfair trial in the requesting country. This aligns with the UAE’s obligations under international human rights law.
Extradition Procedure
The extradition process in the UAE involves several key steps:
- Request Submission: The requesting country submits a formal extradition request through diplomatic channels. This request must include detailed information about the individual, the alleged crime, and the legal basis for the request.
- Initial Review: The UAE Ministry of Justice conducts a preliminary review of the request to ensure it meets the necessary legal criteria. If the request passes this stage, it is forwarded to the judiciary.
- Judicial Proceedings: The case is presented before the UAE courts, where a judge examines the evidence and determines whether the legal requirements for extradition are satisfied. The individual has the right to legal representation and can challenge the extradition request.
- Final Decision: If the court approves the extradition, then the UAE government makes the final decision on whether to surrender the individual to the requesting country. This decision is often influenced by political and diplomatic considerations, in addition to legal factors.
- Appeal Process: The individual subject to extradition has the right to appeal the court's decision. The appeal process provides an additional layer of protection, ensuring that all legal and human rights issues are thoroughly examined.
International Cooperation
The UAE's approach to extradition is characterised by its commitment to international cooperation. The country has signed numerous bilateral treaties with other nations to facilitate extradition, and it is also a member of various international organisations that promote judicial cooperation, such as INTERPOL and the United Nations.
Extradition treaties often include specific provisions that outline the conditions under which extradition will be granted, including the types of offenses covered, the documentation required, and the procedures for handling extradition requests.
Challenges and Controversies
Despite the robust legal framework, extradition in the UAE is not without challenges and controversies. One of the key issues is the balance between respecting the sovereignty of other nations and protecting individuals’ rights. There have been cases where extradition requests have raised concerns about potential human rights violations in the requesting country.
Additionally, the UAE's rapid development and its status as a global financial hub have made it a focal point for international legal cooperation. This has led to an increase in extradition requests, which in turn has heightened the need for clear and consistent application of the law.
Conclusion
Extradition under UAE law is a complex process that involves a careful balance of legal, political, and diplomatic considerations. The UAE's legal framework provides a clear structure for handling extradition requests while ensuring that the rights of individuals are protected. As the UAE continues to strengthen its international ties, the importance of a fair and transparent extradition process will only grow, making it a crucial aspect of the country's legal system and its role on the global stage.
Horizons & Co: Expert Legal Support for Extradition Challenges
Horizons & Co., most notably our Managing Partner Adv. Ali Al Zarooni, has extensive experience in handling extradition matters, both within the UAE and in cooperation with international jurisdictions. We have successfully represented numerous clients in complex extradition cases, ensuring their rights are protected throughout the process, and achieving exceptional outcomes for them.
Adv. Ali leads a team of Emirati and international legal experts who are well-versed in UAE's extradition laws, international treaties, and judicial procedures, providing tailored advice and effective solutions. With a deep understanding of both the legal and diplomatic nuances involved, we are exceptionally well equipped to assist individuals or organisations encountering extradition issues, offering comprehensive support at every stage.
Authors:
Ali Al Zarooni
Managing Partner
Contact number: +971 50 631 4431
and
Karim Abdulsalam
Senior Associate