HomeExtradition Treaty between Turkey and the United Arab Emirates
The UAE and Turkey have signed numerous bilateral agreements, including an extradition treaty. It serves as the basis for cooperation between the countries on issues of extraditing individuals accused or convicted of crimes. The document regulates the procedure for transferring individuals for trial or sentence execution, ensuring compliance with human rights and international standards.
Have you become the subject of extradition to the UAE or Turkey? Our law firm has many years of experience in the field of transnational criminal law and is deeply knowledgeable about the specifics of extradition procedures. Trust our experts to ensure the protection of your rights and interests in any legal situation!
Legal basis for an extradition treaty between countries
The extradition agreement between Turkey and the United Arab Emirates was signed on September 22, 2011. The agreement established the legal framework for the transfer of wanted individuals between the two countries, ensuring compliance with international standards and strengthening bilateral cooperation in the criminal justice field. After signing, the document was ratified by both countries in accordance with their national procedures.
The extradition procedure between Turkey and the UAE is regulated both by the provisions of the treaty and the national laws of each country. In the UAE, Federal Law No. 39 of 2006 “On International Cooperation in Criminal Matters” governs the procedure for submitting and reviewing extradition requests.
In Turkey, the Criminal Procedure Code is Ceza Muhakemesi Kanunu. The Law on International Cooperation in Criminal Matters regulates interaction with foreign states on extradition issues.
The terms of extradition between Turkey and the United Arab Emirates
The agreement clearly defines the following conditions of extradition between the countries:
- The crime for which extradition is requested must be considered criminally punishable in both jurisdictions;
- Extradition applies to crimes punishable by imprisonment for a term of at least 1 year;
- The parties are obligated to consider extradition requests in good faith and within a reasonable timeframe;
- Each country is obligated to provide the requesting party with the necessary documents confirming the grounds for extradition.
The following categories of crimes are subject to extradition:
1. Political crimes: opposition activities against the existing regime are not subject to extradition. However, if the crime is related to terrorism (explosions, attacks on civilian populations), extradition is possible.
2. War crimes: acts violating international laws of warfare (cruel treatment of prisoners, actions against civilians, use of prohibited weapons, and others) may be grounds for extradition.
3. Financial crimes: money laundering, corruption, embezzlement of state funds, tax fraud.
4. Crimes against public safety: terrorist acts, illegal drug trafficking, human trafficking.
The agreement prohibits extradition in cases where it may lead to a violation of the fundamental rights of the person sought, including torture, cruel treatment, or unfair trial.
According to the principle of non bis in idem, extradition is impossible if a person has already been convicted or acquitted for the same crime in another state. Turkey and the UAE have the right not to extradite their citizens; however, the parties may agree on prosecution within the country.
Extradition Process
Turkey and the UAE may submit a request to Interpol for the issuance of a red notice, which allows a person to be declared internationally wanted. After the person is located in one of the countries, local law enforcement agencies can detain them based on an international warrant or red notice of Interpol.
After the detention of the wanted person in the requested country, local authorities may temporarily take them into custody. This is done to prevent escape until an official extradition request is received.
The requesting party must prepare and send an official request for extradition. This document includes:
- Detention order or court sentence;
- Description of the crime, including the circumstances of its commission;
- Indication of legal norms confirming the criminality of the act;
- Personal data of the wanted person;
- Documents confirming evidence of the wanted person’s involvement in the crime.
Authorized bodies, such as the Ministry of Justice or the prosecutor’s office, verify the request for compliance with formal requirements: the principle of double criminality, the presence of evidence substantiating the request, and adherence to international standards for the protection of human rights.
If the request meets the requirements, the case is referred to the court, which evaluates: the legality of extradition, as well as the absence of grounds for refusal.
The wanted person has the right to appeal the court’s decision on extradition in higher instances. After the completion of judicial procedures, the final decision is made by the executive authority of the requested country. If the decision is positive, the parties agree on the date and place of the transfer of the wanted person.
Non-Extradition States
Non-Extradition Countries are states that refuse to extradite suspects or convicted individuals to other jurisdictions. Such countries have not entered into bilateral or international extradition agreements with other nations, have established a prohibition in their legislation on extraditing certain categories of individuals, or refuse extradition for political or diplomatic reasons.
These countries are becoming a refuge for individuals evading criminal prosecution in other states.
Among the countries where the institution of extradition is absent:
- Kingdom of Bhutan;
- Solomon Islands;
- Saudi Arabia;
- Malaysia;
- Kuwait;
- Iran;
- Sahrawi Arab Democratic Republic;
- Free Kashmir;
- Republic of Kosovo;
- Turkish Republic of Northern Cyprus;
- Cook Islands and Niue;
- Afghanistan;
- Algeria;
- Ecuador;
- Costa Rica;
- North Korea;
- Somalia;
- Syria.
Some countries, such as Russia or China, do not extradite their citizens, even if the request comes from a state with which an extradition agreement has been signed.
Partially recognized territories are regions that have declared independence and function as states but do not have full international recognition. Such territories lack clear diplomatic relations, so they often do not participate in extradition. These regions include:
- Somaliland;
- Transnistria;
- Northern Cyprus;
- Western Sahara.
There are also countries with limited extradition. Although they have developed legal mechanisms for extradition, they possess a high degree of discretion and often refuse extradition on political, humanitarian, or legal grounds. Such countries include Ecuador, Cuba, Bolivia, Nicaragua, Iceland, Switzerland, Venezuela, Zimbabwe, and others.
However, it is worth considering that some countries have such strong diplomatic relations with other countries that they can easily obtain extradition approval in any state. Therefore, the absence of an agreement is not a guarantee of asylum for criminals and suspects.
How our lawyers can help you
If you or your loved ones are facing the threat of extradition, it is important to secure legal support from experienced specialists as quickly as possible. Our team of lawyers is ready to provide assistance even in the most challenging circumstances.
We understand that extradition is a matter of time, so we respond quickly to requests, promptly prepare the necessary documents, and represent the client’s interests in courts and government agencies. We ensure complete confidentiality and protect the clients’ interests at every stage of the case.
Our partners in Turkey and the UAE help expedite the process and ensure efficient interaction with local authorities. We are always available for prompt response to changes in the case.
Our lawyers can offer you the following services:
- Consulting: legal assessment of your case, explanation of rights, obligations, and possible outcomes of the procedure, development of optimal courses of action;
- Challenging extradition: our lawyers will study the grounds for the request, and if there are legal possibilities, they will prepare arguments to challenge it;
- Submission of documents: we will assist in the preparation and submission of all necessary documents, petitions, and appeals;
- Legal representation: our lawyers represent clients’ interests in the courts of Turkey and the UAE, providing professional defense at all stages of the proceedings;
- Negotiations: we are interacting with the relevant authorities and law enforcement agencies to achieve the most favorable solution for the client.
- International cooperation: thanks to a wide network of partners, we coordinate actions with colleagues and legal representatives in different countries to address extradition issues on an international level.
Contact us right now for an initial consultation and the development of an effective strategy to protect your rights and legal interests. Submit a request for a consultation, and our specialists will contact you shortly to discuss the situation and offer the optimal solution.
