HomeExtradition between the UAE and Russia
Extradition in international law represents a complex legal mechanism through which one state transfers to another a person accused or convicted of committing a crime. This process is not automatic and is regulated by strict bilateral and multilateral agreements. In the context of globalisation and the free movement of capital and people, cooperation between the Russian Federation and the United Arab Emirates in this sphere acquires particular significance. It serves as a key instrument for preventing evasion of justice and effectively combating transnational crime, ensuring that neither country becomes a haven for individuals evading the law.
Legal basis: Treaty on Extradition between the RF and UAE
The foundation for all extradition procedures between the two countries is the bilateral Treaty on Extradition between the Russian Federation and the United Arab Emirates. This document, signed in 2014 and subsequently ratified by both parties, establishes clear rules of engagement. It meticulously regulates the conditions under which extradition is possible, outlines mandatory requirements for an extradition request, and lists exhaustive grounds for refusal. The existence of such an agreement shifts interaction from a political sphere to a strictly legal one, ensuring predictability and protection of the rights of the requested individual. It is precisely the provisions of this treaty that become the main tool for both the requesting party and the defence.
Conditions for extradition: who and for what can be handed over?
For Russia’s request for extradition from the UAE to even be considered, it must meet two fundamental criteria established in international practice and the treaty. These conditions act as an initial filter, rejecting unfounded demands.
The first and key condition is the principle of “dual criminality”. This means that the act a person is accused of committing must be recognised as a crime under the laws of both Russia and the UAE. For example, if a person is accused of fraud in Russia, then for the extradition process to begin, a similar offence must also exist in the criminal code of the Emirates. If the act is criminalised in only one of the countries, extradition is not possible.
The second important condition is the minimum threshold of punishment. Extradition is possible only for sufficiently serious crimes. According to the agreement, extradition is carried out for acts that entail a punishment in the form of imprisonment for a term of at least one year or a more severe penalty. If it concerns the execution of an already delivered sentence, then at the time of the request, the unserved term of imprisonment must be at least six months. This threshold prevents the initiation of a complex and costly procedure over minor offences.
Grounds for refusal of extradition
The extradition agreement provides a number of substantial grounds upon which the authorities of the UAE are obliged or have the right to refuse the transfer of a person to the Russian Federation. These provisions serve as a guarantee for the protection of human rights and the sovereignty of the requested party. Each of these grounds requires thorough proof by the defence in court.
Citizenship of the requested party
This is one of the classic and most stringent rules in international law. The United Arab Emirates, like the Russian Federation, does not extradite its own citizens. If an extradition request concerns a UAE citizen, extradition will be refused without substantive consideration. However, this does not mean complete impunity. The treaty provides that in the event of refusal on the grounds of citizenship, the requesting party (Russia) may transfer case materials to the competent authorities of the UAE for criminal prosecution on their territory in accordance with their national legislation.
The political nature of the crime
The UAE does not extradite individuals if the crime for which the request was made is of a political nature. This is one of the strongest grounds for protection. Political crimes generally include attacks on the foundations of the state system, calls for the overthrow of power, or criticism of political leadership. It is important to note that this category does not explicitly include murder of the head of state or members of their family, as well as terrorist-related crimes, under the treaty. An extradition lawyer in the UAE must prove that the true purpose of the prosecution is the individual’s political beliefs, and that criminal charges are merely a pretext.
Threat of torture or capital punishment
This is an absolute ground for refusal, stemming from fundamental norms in the field of human rights. If there are serious reasons to believe that in the requesting state (Russia), the person may be threatened with torture, cruel, inhuman or degrading treatment or punishment, extradition will be refused. The same applies to the risk of the death penalty being applied if the requesting party does not provide sufficient guarantees that such a sentence will not be imposed or carried out. The obligation to prove the reality of such a threat lies with the defence, which must provide the court with convincing evidence, such as reports from international human rights organisations or judgments of the European Court of Human Rights (ECHR) on similar cases.
Expiry of the limitation period
The extradition process cannot be initiated if the statute of limitations for criminal prosecution or the execution of a sentence has expired. Notably, it is sufficient for this period to have expired under the legislation of either of the two countries — Russia or the UAE. If, under Emirati law, prosecution for the alleged act is no longer possible due to the statute of limitations, it does not matter that Russian laws may establish longer periods. The UAE court will apply its national legal norms and refuse extradition.
How does the extradition procedure work?
The process of extradition from the UAE to Russia is a strictly regulated legal, not administrative, procedure. The decision on extradition is made not by the police but by the court based on the evidence presented. The entire process can conditionally be divided into several key stages.
- Request direction. The Russian Federation, through the General Prosecutor’s Office, sends an official request for extradition to the Ministry of Justice of the UAE via diplomatic channels. The request must contain detailed information about the individual, the circumstances of the case, and a copy of the arrest warrant or court verdict.
- Detention. Often, the actual detention of a person at Dubai airport or in another emirate occurs even before receiving a formal request, based on an Interpol “red notice”.
- Prosecutor’s review. Upon receiving the request, the UAE prosecutor’s office checks it for compliance with the formal requirements of the agreement.
- Judicial proceedings. The case is referred to the Court of Appeal. It is at this stage that the main struggle takes place. The detainee has the right to a lawyer, can present evidence and challenge the arguments of the requesting party. The court examines the case materials and delivers a verdict on the admissibility or inadmissibility of extradition.
- The final decision. If the court recognises extradition as possible, the final decision on extradition is made by the Minister of Justice of the UAE. Although this decision is considered political, it is almost always based on the court’s verdict.
- Actual transfer. In the case of a positive decision, a procedure is organised for the transfer of the individual to representatives of Russian law enforcement agencies.
The Role of Interpol and the Red Notice
Detention at Dubai airport most often comes as a complete surprise to a person and occurs based on a request through Interpol. It is important to understand that Interpol is not a supranational police force but an international organisation for information exchange. Its most formidable tool is the Red Notice.
In essence, it is a circular that informs the law enforcement agencies of all member countries that a particular state is seeking a specific individual for arrest and subsequent extradition. When the data of such an individual is scanned during passport control, the system triggers an alert, leading to immediate detention. However, the “red notice” itself is not an international arrest warrant. Its legality can and should be challenged, especially if it was issued in violation of Interpol’s statutes (for example, in cases of a political, military, religious, or racial nature).
How to protect oneself from extradition? The role of a solicitor
When faced with the threat of extradition, it is necessary to act immediately. Resisting the state machinery in a foreign country without professional legal assistance is practically impossible. The role of a qualified extradition lawyer in the UAE becomes decisive. Their work is structured comprehensively and covers both legal and procedural aspects of the case.
A professional extradition lawyer in the UAE builds a defence along several key directions to defend their client’s interests as effectively as possible:
- Audit of the extradition request: The lawyer thoroughly checks all documents received from the Russian side for compliance with the requirements of the agreement. Any errors, inaccuracies, or incomplete information may serve as grounds for refusal of extradition.
- Search for grounds for refusal: The defender analyses the case’s facts, the client’s personality, and the political context to identify the presence of one or more grounds for refusal provided by the contract (political motivation, threat to human rights, expiration of limitation periods).
- Representation in court: A solicitor represents the client’s interests at all court hearings, submits motions, provides evidence (for example, expert opinions on the condition of prisons in the RF), questions witnesses, and builds a convincing legal position for the court.
- Challenging an Interpol “Red Notice”: In parallel with the court proceedings in the UAE, a lawyer may initiate the procedure for removing the Red Notice from Interpol’s databases by submitting a complaint to the specialised Commission for the Control of Files (CCF) and proving the illegitimacy of the search.
Consult an extradition lawyer
The extradition procedure is a serious trial with high stakes. The quality of legal defence directly determines whether a person will be handed over to another state or will be able to defend their right to freedom. If you or your loved ones are faced with an extradition request from the UAE to Russia, do not waste time. Contact our team, which has experience in handling such cases and thoroughly knows the intricacies of international law and UAE legislation.
