Extradition in the United Arab Emirates
The United Arab Emirates often has the reputation of being a country where one doesn’t have to fear extradition. But is this really the case? On this page, you’ll learn how extradition in the UAE works and how to protect yourself from unlawful extradition.
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Extradition attorney Kendall Coffey has successfully represented clients in Dubai. He is well-equipped to assist in having your name removed from INTERPOL’s databases.
What Is Extradition?
What Is Extradition?
Extradition is the process of transferring a person from one country to another for further legal proceedings. For instance, a crime is committed in one country. The suspect is identified, but authorities failed to detain them in time. The alleged criminal then flees abroad.
To find him, a person is declared wanted internationally.
If the suspect is spotted in another country (including the UAE), they can be detained. Following that, the country that initiated the search can send a request for extradition from Dubai, another emirate, or country. The goal is to hold the person accountable where they committed the crime.
How Does Extradition Work Under UAE Law?
The rules for extradition are based on international treaties and national legislation. The foundation of the internal extradition laws in Dubai and other emirates is Federal Law No. 39, which was adopted in 2006. In 2023, it was amended by Federal Law No. 38.
Additionally, specific aspects of extradition are contained in the Constitution, the Criminal Code, and the Criminal Procedure Code of the UAE. In particular, the country’s Constitution prohibits the extradition of its own citizens and political refugees.
Federal Law No. 39 governs cooperation between the UAE and other countries in the field of criminal justice. It also contains conditions for extradition:
- The act committed must be considered a crime in both states – in the UAE and the country initiating extradition.
- Extradition is possible if the person has already been sentenced to imprisonment for a term of 6 months or more, or if the crime’s sanctions stipulate a prison sentence of 1 year or longer.
- Extradition for political crimes is prohibited.
These are the 3 main criteria by which UAE courts assess extradition requests. Additionally, the requesting party must provide sufficient information about the case itself.
This includes personal data and a detailed description of the person sought. Also, information about the crime: legal classification, references to legal norms, legal documents.
If the request does not meet the criteria or is not sufficiently justified, extradition can be avoided. To do this, it’s important to timely engage a qualified extradition UAE attorney. Our team has been working in this jurisdiction for many years. Therefore, we know how to build an effective defense strategy against unlawful extradition.
Extradition Treaties of the UAE
Extradition involves at least two countries. Often, specific rules and conditions for extradition have already been established between them. These are contained in bilateral agreements.
It’s important to know that the United Arab Emirates supports international cooperation. That’s why the UAE has signed extradition treaties with many countries. This means that any of these nations can request the UAE to extradite someone, and this request may very well be fulfilled.
The importance of bilateral agreements cannot be overstated. They cover extradition terms, types of crimes, necessary documentation, and the procedures for handling requests.
When providing legal services in Dubai (UAE) for extradition cases, we meticulously analyze bilateral treaties. Often, it’s there that we find grounds to deny the extradition of a client.
Countries with Extradition Treaties with the UAE
The United Arab Emirates has entered into extradition treaties with more than 50 countries. Primarily, these are “neighboring” and other Eastern countries: Saudi Arabia, Jordan, Egypt, Oman, and others.
The UAE has also signed an extradition treaty with many Western and European countries:
- United Kingdom. The agreement was signed back in 2008. However, in practice, the UK is reluctant to extradite individuals to the UAE. Because of this, British extradition requests are also often rejected. In such cases, the principle of reciprocity is important.
- Italy. The agreement was signed in 2018 and meticulously regulates the extradition procedure between the two countries.
- France. The relevant extradition agreement was signed back in 2007.
- Netherlands. The treaty between the two countries is relatively new – from 2023. However, it has already been tested in practice. In July 2024, the UAE extradited an alleged drug lord to the Netherlands.
- Australia. The agreement between this country and the UAE was signed back in 2007.
It’s important to understand: the absence of such an agreement does not guarantee a refusal of extradition from the UAE. For example, there are no such agreements between the UAE and the USA, Germany, or Canada. And yet, an extradition request from these countries can still be considered and granted. A lot depends on the diplomatic relations between the countries.
Rights and Protections for Individuals Facing Extradition
If you’re facing extradition from Dubai (UAE), you need to clearly understand what rights you can use in your defense.
Specifically, you have the right to protest against unfair and illegal extradition. For instance, if you are being persecuted for political reasons. Or if your rights will be violated in the country requesting extradition. To find a suitable basis for objection, it’s important to carefully analyze your situation.
From the moment of your arrest, you have the right to the assistance of extradition lawyers in the UAE. It’s not something you should neglect.
In your case, the laws and mechanisms of justice from at least two jurisdictions will be involved. Defending yourself on your own is very difficult. The sooner an experienced lawyer gets involved in your case, the better your chances are of avoiding extradition.
If the court does indeed issue a ruling for your extradition, you have the right to contest it. Such tasks fall within our legal services in Dubai.
You have 30 days to file an appeal. The key is to find solid legal grounds. A review of your complaint could drag on for months. During this period, the enforcement of the order can be suspended.
Defense Strategies for Extradition Cases in UAE
To select and implement the correct defense strategy, it’s crucial to thoroughly analyze Dubai extradition laws, international documents, and bilateral treaties. It’s important to compare your situation with the current norms.
In general, the following reasons can be used to contest a request for issuance:
- The initiating country did not provide sufficient evidence of your guilt. The accusations are unfounded or based on evidence that was obtained illegally;
- Have you previously been held accountable for a crime related to the extradition request?;
- You face the death penalty, torture, or cruel, inhuman treatment if extradited, as well as violations of your rights;
- You are being persecuted for political reasons or discriminated against based on race, nationality, etc;
- If you are extradited, you will not be able to expect a fair investigation and an impartial trial;
- The statute of limitations for the crime has expired;
- The extradition request violates UAE legislation.
Looking for Extradition Lawyers?
Securing a denial of extradition is a complex and challenging task. Therefore, it is recommended to entrust such matters only to an experienced extradition attorney in the UAE.
The lawyers at our firm specialize in international law and extradition procedures. We practice within the jurisdiction of the UAE and many other countries, and we can help you defend against unlawful extradition.
Reach Out to Our Extradition Attorneys in the UAE
If you have been issued an international arrest warrant or are facing extradition, please contact our lawyers. For over 10 years, we have been providing legal services in Dubai and other emirates. To consult with our team, reach out to us using the contact information on this page.
FAQ
Can I appeal an extradition order in the UAE?
Yes, you can appeal the extradition order. The law sets a deadline for such an appeal – 30 days. The grounds for an appeal most often include procedural violations during the consideration of the request and potential threats to your rights in the extraditing country.
An experienced attorney will help you find the right arguments and develop an effective strategy for your appeal. Our legal services in Dubai include preparing your appeal and defending your interests in court.
Do all countries have extradition agreements with the UAE?
No, not all countries have extradition treaties with the UAE. However, about 50 states have signed such agreements. The UAE is focused on international partnerships, so the number of extradition treaties may increase. Moreover, the absence of an agreement does not guarantee a refusal to extradite.
What steps can I take if I am facing extradition?
As soon as you learn about a potential extradition, reach out to a lawyer. That’s the first step in protecting your interests. After analyzing the situation, the lawyer will develop a further action plan. It may include various steps.
First and foremost, you should contest the extradition request in the court of the country where you were detained. Concurrently, you can appeal against your search notice with Interpol authorities. Additionally, you should reach out to the courts and law enforcement agencies of the country requesting your extradition.
To consult with an extradition UAE attorney soon, please leave a request on this site.
