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Non-Extradition Countries with the UAE

Every year, more and more expats consider moving to the UAE due to the tax-free salaries, year-round sunny weather, and luxurious lifestyle. Although the Emirates have a reputation as a relatively calm and moderate Islamic country, instances of racism and political persecution are frequently reported here.

The UAE does not have an extradition treaty with the USA, Canada, the UK, and EU countries. However, the country reserves the right to extradite suspects on a case-by-case basis at its own discretion.

What is Extradition?

Extradition is the process of transferring an accused or convicted individual from one country to another for criminal prosecution or to serve a sentence. It’s a key instrument of international cooperation in the fight against crime, allowing countries to prevent criminals from evading justice by crossing national borders.

The UAE actively participates in international extradition processes, adhering to both domestic legislation and international agreements. The primary regulatory act governing extradition is Federal Law No. 39 of 2006 on “International Judicial Assistance in Criminal Matters.”

An extradition request can be made through diplomatic channels or via Interpol. If there are sufficient grounds, the UAE authorities can detain the person sought until a decision on the extradition is made. The court evaluates the legality and justification of the request, checking its compliance with extradition conditions. Then, the competent authorities make a final decision on whether to grant or deny the extradition. In the event of a positive decision, the individual is transferred to the requesting party in the prescribed manner.

For extradition to be carried out, the following conditions must be met:

  • The act for which a person is sought must be recognized as a crime both in the UAE and in the requesting country;
  • Extradition is applied in cases of crimes punishable by imprisonment for a term of not less than 1 year;
  • A crime should not have political motives or be related to the violation of military duties;
  • The requesting country must provide assurances that the person sought will receive a fair trial;
  • The UAE may refuse to extradite its own citizens, preferring to conduct legal proceedings within its own territory.

If you need professional advice on extradition or international cooperation in criminal matters, our company’s specialists are ready to provide expert assistance and support at all stages of the process.

What Are Non-Extradition Countries?

Countries not subject to extradition are states that do not have extradition agreements with certain countries or do not participate in international extradition treaties at all. Such countries are not legally obligated to hand over individuals accused or convicted of crimes in other states for prosecution or to serve their sentences.

Individuals may seek asylum in countries to escape persecution in their homeland, where they cannot access fair judicial proceedings. However, it’s important to note that nations may resort to other means of cooperation, such as deportation or legal prosecution of criminals within the asylum country’s territory.

List of Non-Extradition Countries with the UAE

The United Arab Emirates does not have extradition agreements with many countries around the world:

  • Russia;
  • Ukraine;
  • Belarus;
  • Syria;
  • Algeria;
  • Morocco;
  • Argentina;
  • Columbia;
  • Cuba;
  • Mongolia;
  • Kazakhstan;
  • Tajikistan;
  • Kyrgyzstan;
  • South Korea;
  • Japan;
  • USA;
  • Peru;
  • Philippines;
  • Germany;
  • France;
  • Spain;
  • Czech Republic;
  • Portugal;
  • Canada;
  • Afghanistan.

This list is not exhaustive, and the absence of a formal agreement doesn’t always guarantee that extradition is impossible. Additionally, some countries have special arrangements with the UAE. For example, India and the United Arab Emirates have signed a memorandum of understanding that allows for cooperation in extraditing criminals without an official treaty. In its relations with Pakistan, the UAE often uses diplomatic channels and the principle of reciprocity, which enables them to extradite individuals for serious crimes.

The absence of a formal extradition agreement doesn’t mean that countries can’t cooperate on criminal matters. There are other forms of interaction that can be used to hold those evading justice accountable, including deportation, Interpol searches, and other tools.

Implications of Living in Non-Extradition Countries

Living in countries that do not extradite is a chance to avoid justice in one’s home country. However, such a decision carries a number of legal consequences. First, individuals may face restrictions on their freedom of movement, as crossing any border could lead to arrest and extradition.

Additionally, in countries without extradition, there may be a lack of an effective legal system, which could result in suspects being denied access to fair judicial proceedings, protection against arbitrary arrests, and other fundamental rights.

Even in the absence of an extradition agreement, a country’s authorities can deport a foreign national for violating immigration laws or on other grounds. Some states may independently prosecute for crimes committed abroad, especially if they have universal jurisdiction over certain types of crimes.

Banks and financial institutions in countries without extradition may refuse to serve foreign nationals with a questionable reputation. This makes it difficult to conduct business, manage finances, and carry out international transactions.

Reasons for Non-Extradition Agreements

Some countries refuse to enter into extradition agreements with other nations as a way to protect their sovereignty. Extradition is often seen as a form of external pressure, so countries are reluctant to hand over their citizens to other jurisdictions. Additionally, some nations avoid extradition in order not to compromise their political views or interests.

The presence or absence of an extradition agreement can impact diplomatic relations between countries. To avoid potential tension or conflicts of interest, some countries prefer to maintain neutrality.

The UAE has a strict legal system that incorporates specific Sharia laws, which sets it apart from the legal systems of other countries. Countries with legal systems that conflict with the laws of the Emirates do not enter into extradition agreements to avoid handing over individuals who might face unjust judiciary processes.

Many countries oppose extradition if the requesting country has the death penalty. The UAE practices capital punishment for a number of crimes, leading states to refuse extradition agreements.

Legal Implications for Expats in Non-Extradition Countries

Although foreign nationals in the UAE have certain legal protections, the government retains the right to deport immigrants or extradite them to other countries under appropriate circumstances.

Expats must strictly adhere to local laws, as the country may at its discretion initiate legal action against individuals who violate established norms and rules. Even minor legal infractions can attract the attention of local authorities, which can impact immigration status.

Many countries require expatriates to comply with tax regulations. Violating these obligations can lead to hefty fines, arrest, and even deportation. It’s important to adhere to all visa and registration requirements depending on your visa type and the length of your stay.

In countries without extradition, expatriates may face limited access to legal services, complicating the defense of their rights and interests in case of conflicts with local authorities. Consular support for expatriates in countries without extradition can also be limited.

The rights of expats living abroad

Every expat has the right to protection against forced extradition to another country’s jurisdiction, unfair legal proceedings, and legal defense. This is especially important for those who have left their homeland due to political, economic, or other reasons, and for whom returning could pose a threat.

Expatriates are required to adhere to local immigration requirements and residency rules. Violating immigration status can lead to deportation, even if the country does not extradite. It’s important to maintain legal status to protect against legal consequences.

How to solve extradition issues in Dubai?

If you or your loved ones are facing the possibility of extradition in Dubai or another Arab emirate, it’s crucial to seek the support of a qualified lawyer as soon as possible. An experienced professional will analyze the grounds for extradition and determine whether the request complies with international standards and the country’s laws.

It’s important to assess the potential risks of extradition and to identify the legal grounds for contesting the request: the political nature of the crime, the risk of torture or cruel treatment, and the lack of a fair trial.

A key stage in defending against extradition is the preparation of documents and evidence to support your position or the threat of human rights violations. After this, a lawyer will file a petition in court to contest the extradition. The court will consider the legitimacy of the request and make a decision taking into account the presented evidence.

If the court has issued a decision allowing extradition, you can try to appeal it. At this stage, it’s particularly important to engage competent lawyers who will help prepare your appeal and argue the reasons why the extradition should not be carried out.

Reach out to our team for an initial consultation and to determine the next steps for protecting your rights and interests.

FAQ

What should I do if I’m facing extradition from the UAE?

If you’re facing extradition to the UAE, it’s crucial to secure qualified legal support as soon as possible. An experienced lawyer will assess the grounds for the request, represent your interests, and contest the extradition in court. Legal support at the early stages is critically important because it allows for the formation of a defense strategy and the gathering of necessary evidence in your favor.

How can I protect my rights abroad?

To protect your rights abroad, we recommend seeking a lawyer who specializes in international law and extradition issues. An experienced professional can help you navigate the legislative nuances of a specific country and advise on how to avoid violating local laws that could lead to arrest and deportation.

What are the risks of living in a country that does not extradite?

Living in a country without extradition agreements can create a false sense of security. Among the potential risks are difficulties with conducting financial transactions, restrictions on international travel, and the absence of consular protection. Violating local laws can lead to deportation, even in the absence of a formal extradition agreement.

Does Dubai have an extradition treaty with the USA?

The United Arab Emirates, like other Persian Gulf countries, do not have extradition treaties with the USA. However, if there are sufficient legal grounds, the authorities can still extradite the accused individual based on individual agreements.

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