Extradition between the UAE and the United Kingdom
In 2008, an extradition treaty between the United Kingdom and the UAE came into effect. However, since then, there have been numerous instances of the UAE’s excessive use of Interpol red notices against individuals with unsettled debts or those who have fallen out of political favor. For example, in 2018, Christian Michel was extradited as a “de facto exchange” for Princess Latifa, who had been detained while attempting to flee the UAE.
Despite the widespread use of extradition mechanisms by the UAE, British courts criticize the country for insufficient participation in international agreements, lack of guarantees regarding prison conditions, and fair judicial proceedings.
The extradition process between the UAE and the United Kingdom
Extradition is the process of transferring an accused or convicted individual from one country to another to face criminal charges or to serve a sentence handed down by a court. This procedure is based on international treaties or mutual agreements between countries.
Extradition between the United Arab Emirates and the United Kingdom is provided for crimes that meet the following criteria:
- The crime must be criminally punishable in both countries;
- The crime should be punishable by imprisonment for a term of not less than 1 year;
- A crime must pose a threat to public safety or violate the rule of law;
- The crime should not be of a political nature or imply political persecution of the person sought;
- A person should not be subjected to torture or to punishment that is degrading to human dignity in the requesting country;
- Capital punishment cannot be prescribed for a crime;
- Extradition of its own citizens may be refused.
Extradition between the United Arab Emirates and the United Kingdom is provided for the following criminal offenses: murder and attempted murder, financial fraud, money laundering, corruption, bribery and embezzlement, production, transportation, and trafficking of drugs, involvement in and financing of terrorism, cyber fraud, insider trading, and market manipulation.
There could be challenges in interactions between the UAE and the United Kingdom due to differences in their legal systems. The United Arab Emirates employs a mixed legal system with elements of civil law and Islamic Sharia. Meanwhile, the United Kingdom operates under a common law system.
Steps for Filing an Extradition Request
The first step in submitting an extradition request involves gathering complete information about the person sought: full name, date and place of birth, citizenship, photographs, and other biometric data, as well as determining their whereabouts.
A mandatory condition for extradition is a valid national arrest warrant or judicial decision confirming the need to detain the individual. It is also necessary to prepare a detailed description of the crime committed (dates, locations, and circumstances), as well as to collect and organize all evidence proving the person’s guilt with references to the relevant violated legislative articles.
All documents must be translated into the official language of the requested country (for the UAE, into Arabic; for the United Kingdom, into English). Documents must be certified and legalized in accordance with international standards and the requirements of the requested country.
An official extradition request must be approved by the Ministry of Justice and then sent through the Ministry of Foreign Affairs or diplomatic missions to the requested state.
The Ministry of Justice conducts a preliminary review of the request for compliance with national laws and international obligations. If the request passes the initial assessment, the case is transferred to a competent UAE court, which examines the legality of the request, checks for dual criminality, and evaluates whether the extradition violates human rights.
The court issues a decision on the admissibility of extradition. In the event of a positive decision, it is forwarded for approval to the higher judicial authorities. The accused party has the right to appeal the court’s decision within the legally established timeframes.
After exhausting all legal defenses and the final confirmation of the decision, the competent authorities of the UAE will arrange for the transfer of the individual to representatives of Great Britain.
The legal framework governing extradition between the UK and the UAE
In April 2008, the United Kingdom and the United Arab Emirates signed a bilateral Extradition Treaty, which only came into effect in 2016. This agreement establishes clear legal frameworks for the extradition process and defines the obligations of both parties to cooperate in combating crime.
In the United Kingdom, extradition matters are governed by the Extradition Act 2003. This law establishes the procedures for extradition, the rights of individuals sought for extradition, and the criteria under which extradition can be denied. Extradition cannot proceed if it contravenes the European Convention on Human Rights and Fundamental Freedoms.
In the UAE, extradition is governed by Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters. This law outlines the conditions and procedures for extradition, as well as cooperation with other nations. The UAE may refuse to extradite its citizens or in cases where there are concerns about human rights violations. Extradition requests are subject to judicial review in the competent courts of the UAE.
Both countries are participants in a number of international treaties and conventions that affect the extradition process:
- UN Convention against Transnational Organized Crime (2000);
- UN Convention against Corruption (2003);
- European Convention on Extradition (for the United Kingdom);
These conventions supplement the bilateral treaty and national laws, providing a broader legal basis for cooperation.
Key considerations regarding issuance requests
Extradition is only possible if the act is considered a crime in both the UAE and the United Kingdom. Differences in legal systems may lead to certain acts not being recognized as criminal in one of the countries.
Judicial authorities may refuse extradition if there is a risk of violating the fundamental rights of the person sought in the requesting country: torture, inhumane treatment, or lack of a fair trial. If the death penalty could be applied to the person sought, the requested party may demand assurances that such punishment will not be carried out, or may refuse extradition altogether.
Extradition is typically not granted for charges related to political or military crimes. What constitutes a political crime can vary and requires careful legal analysis. Some countries do not extradite their own citizens or impose additional restrictions.
The requesting party must provide sufficient evidence to prove the guilt of the person sought, in accordance with the legal requirements of the requested country.
If the person sought has already been convicted or acquitted for the same actions in another country, extradition may be denied on the basis of the principle of Ne bis in idem.
Serious physical or mental illnesses of the person sought may be grounds for refusing extradition or delaying the process. The presence of exceptional family circumstances can also be taken into consideration when making a decision.
Problems in the Extradition Process
The main obstacle in the extradition process between the UK and the UAE is related to differences in the legal systems of the two countries. The UK operates within a common law legal system, while the UAE incorporates elements of Sharia law. This can lead to legal disagreements and complications, especially if the case involves crimes that are classified differently in each country.
In a recent report by the Carnegie Foundation, it is noted that Dubai has a reputation as a destination chosen for criminal operations, investments, and residency. This thrives in part due to weak regulation and law enforcement, as well as investment opportunities that are geared towards foreigners.
Unfortunately, the United Arab Emirates are increasingly using extradition and Interpol red notices for political motives or to detain debtors. In response, Interpol has implemented a rule that red notices will only be issued for unpaid checks amounting to more than $10,000. Additionally, in the UAE, Red Notices are issued to those who have fallen out of political favor, significantly limiting their ability to travel or conduct their affairs freely.
British courts are hesitant to extradite individuals to the Emirates following the Lodhi case against the Home Secretary EWHC 567. During contentious hearings, the courts heard numerous horrifying accounts of people who experienced torture and inhumane treatment while in custody.
Influence on Criminals in the UAE
Previously, criminals viewed the United Arab Emirates as a safe haven from British justice. However, after the signing of an extradition agreement, the likelihood of being extradited has significantly increased, so fugitives can no longer be confident that they will be able to avoid punishment.
The extradition agreement acts as a powerful deterrent for those who previously might have considered the UAE as a base for transnational criminal operations. Criminals conducting illegal activities with international partners or clients now risk not only the loss of assets but also extradition. This reduces the number of individuals willing to use the UAE as a platform for money laundering, financial fraud, or other illicit schemes.
Authorities in the UAE and the UK can more easily track and block the assets of individuals being sought after. This increases the likelihood of criminals losing their assets, which significantly hampers their activities.
Additionally, local courts and law enforcement agencies must ensure the legal justification and fairness of extradition procedures, which strengthens trust in the country’s legal system and encourages adherence to high standards of law enforcement.
The Role of Interpol in Extradition Matters
Interpol is an international criminal police organization that helps to expedite and coordinate the extradition process. Thanks to its global network and various notification mechanisms, Interpol assists in capturing individuals who have fled justice and improves law enforcement.
The I-24/7 platform, a secure communication system by Interpol, enables law enforcement agencies in the UK and the UAE to exchange information in real-time, making the extradition process faster and more efficient. Collaboration through Interpol helps reduce the time it takes to identify and apprehend wanted individuals, especially in cases involving serious crimes.
To facilitate the extradition process, Interpol employs a series of notices, each designed for specific purposes.
Expert legal support for extradition cases between the UAE and the United Kingdom
Our team of qualified lawyers has the necessary experience and expertise to provide comprehensive support to clients in extradition matters. Our specialists conduct a detailed analysis of all aspects of the case, including the reasons for the extradition request, applicable legal standards, and potential obstacles to extradition.
Lawyers meticulously examine all possible grounds for extradition denial and compile evidence-backed arguments that can be presented in court. We utilize every available legal mechanism to protect our clients’ rights and prevent their extradition.
In the event of an unfavorable court decision, our lawyers will also help prepare an appeal. We meticulously analyze the court’s decision, identifying any possible errors or shortcomings in the reasoning and formulating arguments for the appeal. Our team has experience in drafting and submitting appellate complaints, and we make every effort to have the decision reviewed.
When interacting with Interpol, our lawyers provide clients with support in contesting international notices and removing them from Interpol’s records. We help clients protect their interests, submit official requests to the CCF Commission, and aim to have the client removed from Interpol’s database.
Reach out to us right now to get an initial consultation and discuss the next steps in protecting your rights and interests.
FAQ
What are the rights of individuals facing extradition?
If you are facing extradition, you have the right to a fair trial, access to a lawyer, the ability to appeal the court’s decision, protection from torture and other forms of inhumane treatment. Additionally, such individuals can apply for asylum or protection in accordance with international human rights standards.
How can legal support impact the outcomes of extradition?
Professional legal support can significantly impact the outcome of a case. An experienced attorney will assess the legality and justification of the extradition request, develop a defense strategy, present arguments in court, and if necessary, appeal the decision, greatly increasing the chances of a positive outcome for the client.
What crimes fall under the extradition treaty?
The agreement covers a wide range of criminal offenses, including serious crimes such as fraud, corruption, money laundering, and other offenses recognized as criminal in both the UAE and the UK.
Extradition between the UAE and China
The UAE-China Extradition Treaty aims to combat international crime. It allows both countries to hand over individuals accused or convicted of serious crimes to face justice. This treaty is essential to maintaining international law and order by preventing criminals from taking refuge in another country. Extradition to Dubai or China, no matter where, must be carried out in a manner that respects all human rights. It thus promotes justice and ensures effective prosecution of criminals.
Key Provisions and Terms of the Treaty
A special feature of this agreement is the definition of crimes for which extradition is possible. The list of crimes includes serious criminal offenses – money laundering, corruption. This list also includes terrorism, drug trafficking and cybercrime. The specified offenses are punishable by long-term imprisonment or minor fines.
Another important provision concerns the bilateral nature of the crime. In this case, it means that the crime for which a person is wanted must be considered a crime in both countries. This requirement ensures that extradition will not be used to prosecute a person for actions that are not considered illegal in another country.
In addition, the agreement takes into account provisions regarding exceptions. For example, if extradition in Dubai or China is of a political nature, it will be canceled. These measures help protect a person from possible abuse. For example, if an extradition request is used for political persecution.
The Extradition Process Explained
The mechanism for the extradition of a person suspected or accused of a crime from one country to another is called the extradition procedure. This action is multi-stage and is controlled by international treaties and domestic legislation. The fundamental objective of this event is to hand over the wanted person for subsequent trial or investigation.
The procedure for these actions is based on an appeal from one state to another. At the same time, the partners are obliged to follow the prescribed rules and legal doctrines. The entire process comes down to studying the legal admissibility of the said application, protecting the rights of the accused. It is also necessary to comply with the rules developed by international organizations.
Steps Involved in Requesting Extradition
The extradition process begins with a formal request from the country that wants to prosecute the person to the country where the person is located. This request must contain detailed information about the alleged crime. It must also provide evidence to prove the guilt of the accused. The request must state the legal grounds for extradition. These details help determine whether the extradition complies with international standards and the laws of both countries.
Once the request is received, the authorities of the receiving country conduct a thorough analysis of it. They assess whether the request complies with the requirements of the bilateral treaty and national law. At this stage, it is checked whether the alleged crime falls under the conditions of extradition, whether there is a risk of human rights violations or whether the request is politically motivated.
If the request complies, the trial is initiated. The court reviews the legality of the extradition, considers the evidence and hears the arguments of the defense. At this stage, the suspect has the right to legal assistance and protection. If the court decides in favor of extradition, the final approval depends on the executive power of the country, which can approve or reject the request.
Timeframes and Procedures for Compliance
The timeframes for completing extradition procedures depend on the complexity of the case, the volume of evidence, and the need for additional investigations. However, most treaties set specific timeframes for reviewing and executing the request.
After receiving the request, the receiving party is obliged to notify the requesting party of the decision within a reasonable time. If extradition is approved, the parties agree on the date and conditions for the transfer of the suspect.
In this case, compliance with all procedural rules – from paperwork to organizing transportation – is mandatory. Failure to comply with timeframes or procedures may lead to the cancellation of the request or a delay in its execution.
It is important to note that even if all requirements are met, each party must ensure that the extradition process is carried out within the framework of the law. It must be carried out with respect for human rights and without undue delays.
Legal Protections and Rights During Extradition
One of the main elements of the treaty is the protection of human rights during the extradition process. These provisions ensure that the extradited person is not subjected to ill-treatment or rights violations. In particular, the treaty prohibits extradition if there is a risk of the death penalty, torture or other forms of ill-treatment in the country requesting extradition. This is a strict rule, since legal systems and standards for the protection of human rights may vary greatly from country to country.
In addition, the extradited person has the right to challenge the extradition decision in court. He can provide additional evidence or point out possible violations of his rights. An important point is also the right to access to a lawyer and legal assistance. This guarantees the protection of the interests of the extradited person and prevents abuses in the process.
Thus, the treaty not only aims to bring to justice, but also protects the rights of the accused, ensuring fairness and transparency of extradition.
Implications of the Treaty for UAE and Chinese Nationals
The conclusion of the extradition treaty between the UAE and China has a significant impact on citizens of both countries. For citizens of the UAE and China, it means that it will be virtually impossible to flee justice by crossing the border. Both countries are now obliged to mutually hand over individuals wanted for serious crimes.
The agreement covers a wide range of crimes, including corruption, terrorism, financial fraud and cybercrime. Citizens should be aware that committing a crime in one country may lead to their extradition to the other if they try to avoid responsibility.
Extradition treaty In Dubai or China, the rights of citizens are also protected. For example, humanitarian issues are taken into account in the extradition process – the risk of ill-treatment or unfair trial. This is when one country uses harsh punishment methods that are not provided for in the other.
Role of International Agreements in Treaty Implementation
International agreements facilitate the successful implementation of extradition treaties. Documents such as the UN Convention against Transnational Organized Crime provide a basis for cooperation between countries in combating international crimes.
These agreements help set standards for extradition. They protect human rights and prevent abuse. For example, international treaties require that defendants be given access to legal protection and the opportunity to challenge extradition in court. Cooperation under such agreements helps ensure that extradition requests are carried out efficiently. It ensures transparency of procedures and minimizes the risk of unnecessary prosecution.
Seeking Legal Advice?
The extradition process can be complex and raise many questions. Citizens affected by this process should obtain qualified legal assistance in a timely manner.
How Our Lawyers Can Help with Extradition Matters
Extradition is a complex legal process that requires knowledge of both local and international law. Our lawyers have many years of experience in this area and offer comprehensive services to protect the interests of our clients.
The first step is to analyze the extradition request. Our specialists will carefully study all the details of the case. This will help to find out whether the request meets international and national requirements. They will also check for human rights violations and the presence of grounds for refusing extradition. The reason for refusal will be the presence of facts confirming that this is political persecution or a possible risk of ill-treatment.
We accompany clients at all stages of administrative and judicial proceedings. Our lawyers will help prepare all the necessary documents. They will represent your interests at court hearings and provide full legal support. We also translate and certify documents, which is especially important in international cases.
We pay special attention to protecting the rights of the client. We guarantee access to fair proceedings and assistance in preparing for the possible consequences of extradition, taking into account criminal prosecution in the destination country. Our specialists will explain all the nuances of the procedure in detail so that you feel confident and know what to expect.
Contact Us for a Consultation on UAE-China Extradition Issues
The extradition process can be stressful and raise many questions, especially if you are facing it for the first time. We understand how important it is to have a reliable legal partner in such a situation.
If you or your loved ones are involved in the extradition process between the UAE and China, we recommend that you contact us. Contact us! During the consultation, we will analyze your situation in detail, answer all questions and offer a defense strategy.
Our team is ready to respond promptly and provide assistance at any stage of the process. We will help you protect your rights and ensure that all procedures are carried out in strict accordance with the law. Our goal is not only to minimize possible risks, but also to make the extradition process as transparent and understandable for you as possible.