TOP 5 Requirements When Requesting for Extradition
- Firstly, expatriates have the right to request extradition. The extradition must be done of persons who are wanted in the UAE for certain crimes.
- There should be an extradition treaty signed between the UAE and the country from which the suspect is requested to be extradited. In the event an extradition treaty is not signed between the UAE and the requesting country, Federal Law No 39 of 2006 on International Judicial Cooperation in Criminal Matters will be applicable.
- The offence for which the suspect is requested to be extradited should also be a crime in the country requested to hand him over. Hence a person from the UK cannot be extradited to the UAE for giving in a bounced cheque.
- The Extradition is requested by issuing a notice in the name of the suspect through Interpol. Such notices vary depending on the nature of the crime suspected, the severest one being a red notice which is for serious criminal offences. In the request for extradition, description and information of the person who is to be extradited should be provided, as well as the incidents for which the surrender is requested, the legal characterisation of the crime object of surrender and the applicable legal texts and legal grounds for the request to surrender.
- Any notice issued via Interpol has an international effect and the suspect can be detained based on the notice issued.