- اتصل بنا
- المقالات القانونية
- الصفحة الرئيسية
July 24, 2014
Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 of 2006 (Extradition Law) which states that:
The crime must be considered an offence, be punishable in both countries and punishment must be imprisonment
The crime that is the subject of extradition must be punishable under the law of the country requesting extradition (Requesting Country) with a sentence of at least one year where investigations have already been carried out
2 countries must have the same treatment towards each other e.g., two countries can agree to exchange criminals or receive criminals at a later date from the other country
If a criminal’s remaining sentence is less than 6 months in prison the UAE will not give him back to the requesting country
If the criminal has a judgment against him the sentence must be at least 6 months, in order for the requesting country to have the criminal back
When a criminal escapes from prison e.g., comes to the UAE, the UAE will only give him back where he has 6 months or more imprisonment to complete
Where a criminal commits more than one crime, and only one of them fits the criteria for extradition, in accordance with Article 8 of the Extradition Law, it will be enough to send the criminal back to his country.
Cases, where the UAE will not deliver a suspect of extradition, are set out in Article 9 of the Extradition Law. These are:
- In certain cases of crimes related to military services
- If the person is a UAE national citizen
- If the case is within the jurisdiction of the UAE court
- If the object of the request is a political crime. However, the following circumstances will not be deemed to be political crimes:
- If the crime is related to terrorism
- If the suspect committed war crimes
- If the suspect committed genocide
- If the suspect committed crimes against the country’s Diplomats, President, Vice President, Prime Minister, etc.
Where a person is being demanded to go back to his country because of his race/ religion/ opinions.
Where the UAE has started investigations against a person on the same case, they will not be handed back until investigations are completed
In the situation where a suspect commits a crime in the U.K and escapes to Paris before investigations are started, and then is caught by the authorities in Paris and completes his Sentence in Paris. The UAE will not hand the suspect back to the U.K, because the suspect will have previously completed his sentence in Paris.
When the case is elapsed. For example, where a person passes their limitation period and the convicted ends up in the UAE or where conciliation takes place between the suspect and the other party, they will not hand him back
Where the UAE believes a criminal, if handed back to their country, would face torture, degrading or inhumane treatment. The prosecution will carry out investigations into the matter, produce its findings to the court, and if it is found that the criminal will face torture he will not be handed back
Where the crime does not fit the punishment
Where the suspect will not get a fair trial
Letter of forgiveness. Where the concerned country forgives the suspect and
does not want to pursue the matter further, the UAE will not hand the suspect back to the concerned country