Extradition Between UAE and Germany

The risk of criminal prosecution abroad becomes real the moment of detention — and that is precisely when most people first consider seeking legal protection. There is no bilateral extradition treaty between Germany and the United Arab Emirates: this is a fundamental fact that fundamentally changes the legal picture. The United States faces the same situation — extradition from UAE to USA also operates without a formal bilateral treaty. UAE Germany extradition is carried out without a treaty basis — exclusively through diplomatic channels, on the principle of reciprocity.

In Germany, the procedure is governed by the Gesetz über die internationale Rechtshilfe in Strafsachen (IRG) — in particular, §§ 2–12 and 73, establishing the conditions for the admissibility of extradition and the limits of legal assistance. In the UAE, Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters applies, setting out requirements for extradition requests and grounds for refusal.

The absence of a treaty does not mean that extradition is impossible: practice shows that both countries successfully transfer individuals through diplomatic mechanisms. However, this very legal gap creates broad opportunities for defense. No request is executed automatically — each undergoes judicial review, which can and must be challenged.If you or a loved one are facing the threat of detention under an international warrant — contact us for legal advice before the situation spirals out of control.

The absence of a bilateral extradition treaty does not mean a legal vacuum. Both states have well-developed mechanisms of international legal assistance that allow extradition requests to be considered and executed — subject to conditions established unilaterally by each state.

The key legislative act is the Gesetz über die internationale Rechtshilfe in Strafsachen (IRG). It governs all incoming and outgoing extradition requests in the absence of a treaty. The central provisions are §§ 2–12 IRG (general admissibility conditions) and § 73 IRG, which prohibits extradition where there is a risk of violation of fundamental rights. Additionally, the Richtlinien für den Verkehr mit dem Ausland in strafrechtlichen Angelegenheiten (RiVASt) — administrative guidelines detailing the procedure for cooperation with foreign states — remain in effect. In 2019, Germany and the UAE signed a declaration of intent on security cooperation — however, this document is not an extradition treaty and creates no obligation to extradite.

In the UAE, extradition law UAE Germany matters are regulated by Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters, as amended by Federal Decree-Law No. 38 of 2023. The 2023 amendments clarified requirements for the form and content of requests, procedures for transmission through diplomatic channels, and the admissibility of extradition on multiple charges simultaneously. The law enshrines the principle of dual criminality: the act must be criminally punishable in both countries with a minimum sentence of one year’s imprisonment.

Passive extradition refers to the situation where Germany requests the extradition of a person located on UAE territory. The triggering mechanism is typically an Interpol Red Notice or a direct diplomatic request. For a detailed overview of how international extradition in Dubai works in practice, specialist advice is essential from the outset.

Arrest and temporary detention. Once the wanted person’s identity is established, the case is referred to the UAE prosecution authorities. Temporary detention is permitted for up to 60 days — during which time the requesting state must submit a formal extradition request through diplomatic channels. If the request is not received within the deadline or does not meet formal requirements, the person must be released

Judicial review. The case is heard by the competent court of the emirate — the Dubai Court of Cassation or the Abu Dhabi Federal Court of Cassation, depending on the place of detention. The court verifies the formal compliance of the request, the existence of dual criminality, and the absence of grounds for refusal. The court’s decision takes effect only after it becomes final and is no longer subject to appeal. Final approval of extradition requires the sanction of the UAE Minister of Justice — an additional point at which a protective intervention is possible.

If the UAE submits an extradition request and the wanted person is in Germany, the procedure is entirely governed by German law — the IRG and the constitutional guarantees of the Basic Law (Grundgesetz).

Practice is telling. In a 2018 ruling, the OLG Düsseldorf refused extradition on a Germany request extradition UAE case: the request failed to meet the requirements of § 10 Abs. 1 IRG and did not enable the court to conduct a dual criminality review — it lacked a specific description of the alleged conduct. This is a typical situation: UAE requests systematically fail Germany’s substantive review.

The role of the prosecution and the Higher Regional Court. Upon receipt of the request, the prosecution initiates arrest and transfers the case to the competent Oberlandesgericht — OLG Frankfurt am Main, OLG München, or another, depending on the federal state. It is the OLG that decides on the admissibility of extradition (§ 29 IRG). The period of pre-trial detention during proceedings is up to 6 months, with the possibility of extension. The OLG’s decision cannot be appealed through ordinary channels — however, a constitutional complaint to the Bundesverfassungsgericht is possible, and this is often where extradition can be halted.

When Germany or the UAE initiates extradition itself, the request is formulated by the Ministry of Justice and submitted through diplomatic channels. Document requirements are strict: an incomplete package is itself an independent ground for refusal.

Documents required for the request:

Despite operating without a bilateral treaty, both Germany and the UAE have structured, formalized extradition procedures — each with distinct legal standards, timelines, and institutional actors. The table below highlights the key differences that directly affect defense strategy and the likelihood of a successful challenge.

Legitimate grounds for refusal exist in the law of both countries. Correctly framing the legal arguments is the key task of the defense.

Neither Germany nor the UAE extradites individuals for acts classified as political crimes. The definition of a “political” offence remains at the discretion of the requested state. This ground is particularly relevant in cases involving opposition activities or persecution based on beliefs.

§ 73 IRG expressly prohibits German courts from permitting extradition if it conflicts with the fundamental principles of the German legal order. Article 3 of the European Convention on Human Rights establishes an absolute prohibition on extradition where there is a real risk of torture or inhuman treatment. German courts take into account reports by human rights organizations on conditions of detention in the UAE, as well as the specific circumstances of the case. International observers and rulings by British and Italian courts have repeatedly documented human rights violations in UAE places of deprivation of liberty — these materials may be used in German proceedings.

In the UAE, the death penalty is prescribed for a number of offences, including certain drug-related charges. Germany categorically does not permit extradition if the person faces the death penalty — in the absence of written diplomatic assurances of its non-application. This requirement is established in the practice of the Bundesverfassungsgericht and follows directly from Articles 1 and 2 of the Basic Law. The standard clause in UAE law allowing for non-application of the death penalty with the Minister’s consent is insufficient — Germany requires direct and specific diplomatic guarantees.

A red notice Germany Dubai situation — where an international wanted circular is issued by Interpol at the request of a member state — is one of the most common triggers for cross-border detention. It is critically important to understand: a Red Notice is not an international arrest warrant and formally does not oblige a state to detain the wanted person. However, in practice it significantly restricts freedom of movement and frequently serves as the basis for actual detention when crossing a border.

The UAE systematically abuses Interpol mechanisms, including by exploiting information asymmetry: the wanted person often has no opportunity to obtain detailed information about data stored in Interpol’s databases through the CCF. A typical category of cases involves economic and financial crimes, where criminal prosecution frequently conceals a commercial dispute. A Red Notice in Dubai can be challenged directly through the Commission for the Control of INTERPOL’s Files (CCF). Successful removal from the Interpol database eliminates one of the main instruments of pressure on the wanted person and significantly reduces the risk of detention when traveling.

Understanding the intersection of interpol Germany UAE procedures is crucial for any effective defense strategy. An Interpol arrest warrant in the UAE operates differently from a standard bilateral extradition request — it can trigger immediate detention at any port of entry, often before formal legal proceedings are initiated. Engaging experienced German warrant UAE defense counsel immediately is the only way to mount a timely and effective challenge.

When the extradition UAE Germany vector runs in the opposite direction — with the UAE seeking to extradite someone held in Germany — the same Interpol infrastructure is used to locate and flag individuals. Our Interpol Red Notice lawyers in Dubai work across both jurisdictions to challenge notices, contest arrest warrants, and intervene at each procedural stage.

dubai extradition Germany cases require simultaneous engagement with German courts, the UAE Ministry of Justice, and Interpol’s CCF — a multi-front legal challenge that demands specialist coordination from day one.

The first 24–48 hours after detention or confirmation of an active warrant determine the entire course of the case. It is during this period that procedural decisions are made that are subsequently extremely difficult to reverse.

Defense in extradition cases between the UAE and Germany requires simultaneous work across two legal systems: challenging arrest and Red Notices, preparing objections to extradition on the basis of §§ 73, 10 IRG or analogous UAE law provisions, gathering evidence of human rights violations, and engaging with Interpol through the CCF.

In German proceedings, the OLG’s decision is not subject to appeal through ordinary channels — this means that all arguments must be formulated and presented to the court exhaustively at the review stage itself.

If you or a loved one are facing the threat of extradition — seek qualified legal assistance before the situation moves beyond the zone of legal protection.