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February 05, 2020
Extradition can be described as a sequence of change documents through diplomatic channels between authorities seeking handover of an alleged criminal who committed a crime in the requested state and absconded. Extradition is a blended process of legal provisions along with political.
The requests for extraditions are raised by one judicial department of one country and communicated through political ways to another country subject to legal sovereignty. Although, extradition requests are now not uncommon, yet extradition of nationals are strongly contradicted as it opposes the constitution of the state.
Extradition requests are made in accordance with international conventions, bilateral treaties or special agreements entered by two countries to extradite the alleged criminal. Such conventions or treaties are extraordinarily important, in particular because of globalization and ease in international travel.
Pertinently, UAE is a signatory to United Nations Convention Against Corruption and various other bilateral treaties for extraditions. Under worldwide law standards, there's no duty for one jurisdiction to surrender a desired criminal to any other country. However, to fight against international crimes, it has been essential to sign bilateral treaties and conventions for extradition. Nevertheless, the current topic for this article is to highlight 5 legal defences available against extradition requests mentioned in the below paragraphs.
Under UAE Legal perspective, extradition requests are not a political order but a judicial order contingent on the review of supreme courts. The requests for extradition are usually reviewed considering Federal Law Number 3 of 1987 regarding Criminal Procedure Code and Federal Law Number 17 of 1972 on Residency Law of UAE and its Executive Regulations.
In addition, the extradition request follows the following procedure:
a.The Attorney General of requesting country submits a request to the Ministry of Justice of the requesting country;
b.The request is thereafter submitted to Ministry of Foreign Affairs of requesting country through the Ministry of Justice of such country, subsequently a request to the Embassy of the receiving country;
c.The embassy of the receiving country passed the request to the Ministry of Foreign Affairs and followed by the Ministry of Justice of the receiving country.
Following are 5 pertinent legal defences available against the extradition requests witnessed in UAE:
1. Conflict in Jurisdiction: This defence is available in circumstances where two different jurisdictions contradict in making a certain decision over the extradition requests. In such cases, the request extradition may be rejected.
2. Lack of criminality: any criminal will only be extradited if his actions are considered as an offence in both countries.
3. Political Protection: The request for extradition may be rejected in cases where the individual holds dual nationality, which preserves diplomatic protection to the individual.
4. Differentiating views: if there is a conflict in the views of two countries with regards to human rights and penalties imposed, there is a possibility that the request may be rejected.
5. Interference in political affairs: the extradition request can be frustrated if the request seems to interfere with the domestic affairs of the receiving country as well as might increases political tension among nations.