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.

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:

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.

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:

These conventions supplement the bilateral treaty and national laws, providing a broader legal basis for cooperation.

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.

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.

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.

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.

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.