What is Extradition and How It Works in the UAE?

Question:

What is extradition and how it works in the UAE?

Answer:

Learn more about how you may be extradited and how you can defend yourself against it. Get expert advice from leading Criminal Lawyers in UAE.

Introduction to Extradition Process in the UAE

If a person residing in the UAE is wanted in a foreign country for the purpose of investigation, criminal trial or is already convicted in a criminal matter, the foreign country may request the UAE government to extradite such a person residing in the UAE. The extradition may or may not be accepted by the UAE subject to satisfying certain requirements such as complying with the conditions for extradition, completing the extradition request application, and considering the grounds for rejecting a foreign government’s extradition request based on the Federal Law No. 39/2006 on International Judicial Co-operation in Criminal Matters (Judicial Co-operation Law) or, based on additional requirements when an international treaty exists between the foreign government, which is a requesting country, and the UAE. 

UAE Extradition Law and International Treaty on Extradition between the UAE and the Requesting Country

The Judicial Co-operation Law is a tool to regulate the process related to co-operation with foreign judicial systems or foreign judicial parties or foreign governments in criminal matters. Moreover, besides the general requirement of Judicial Co-operation Law, the provisions of international treaties (if any) signed between the UAE and foreign countries, may contain additional requirements and/or obligations. Absent such treaties, extradition involves the concept of reciprocity, which could be used when there are no extradition treaties between the countries. The reciprocity of offences is also assessed along with claims of whether the case is outside the statute of limitations and whether there would be human rights breaches by the Requesting State. 

Conditions for Extradition

Article 7 of the Judicial Co-operation Law provides further details about the conditional requirements for extradition. The foreign country must comply with the following conditions:

1. The crime for which the surrender is requested must be penalized under the laws of foreign country (the Requesting Country) to an imprisonment of at least one year or any other greater penalty;
2. The act for which the surrender is requested must constitute a crime within the UAE penalized by an imprisonment of at least one year or any other greater penalty;
3. If the request for extradition is in relation to executing an imprisonment sentence, then the remainder of the imprisonment term must not be less than six months; and
4. If the request for extradition is in relation to a punishable offence under the laws of both the foreign country and the UAE, then it is irrelevant if the crime is mentioned under a different name or description or its elements are different. 

Extradition Application Process

An extradition process begins with the requesting country approaching the Interpol to issue a notice against the person wanted by the requesting country. Once the notice is issued against a suspect through Interpol, the Police in the UAE may arrest the suspect and produce him before the Public Prosecution. When the suspect requests to be released from custody, the Public Prosecutor under his discretionary power may decide based on the severity of the alleged crime and in this situation the Public Prosecutor may decide to release the suspect provided the suspect produces either his passport as security or an additional passport of someone who provides a guarantee on behalf of the suspect along with an additional financial guarantee. Once arrested, the prosecution will conduct an investigation and follow up with the requesting country on the extradition request so that the conditions for extradition are complied with. The requesting country ought to provide complete documents namely, among others, the details of the 

expected sentence for the charges framed against the accused, the details and the type of evidence available on record, the documents provided by the requesting country must be translated in Arabic. Where a country makes an incomplete request, the extradition request may be refused.

Challenging the Extradition Request

Once the Prosecution receives the extradition request, and where the documentation and procedural regularity are complied with, the extradition file is forwarded to a tribunal of senior judges of the Appeal Court. During the trial, the charges will be presented before the accused and his response will be solicited by the court on whether he accepts the extradition requests or prefers to challenge it. If he accepts the request, he will be extradited. If he refuses the request, the extradition request shall be subject to review. This tribunal has to preside over the decision on whether or not to accept the extradition request. 

Grounds for Rejecting Extradition Request

Article 9 of the Judicial Co-operation Law provides grounds for refusal by the UAE to extradite a person to the Requesting Country under the following circumstances:

1. The person requested to be extradited is a UAE national.
2. The UAE laws provide jurisdiction to the competent judicial authorities in relation to the criminal subject-matter of the extradition request. 
3. The criminal subject-matter of the extradition request is a political crime or corelated to a political crime.
4. The criminal subject-matter of the extradition request limited to violating military obligations.
5. There are significant grounds to believe that the extradition request is meant to pursue or punish a person prosecution for reasons related to his ethnic or religious affiliation, or his nationality or political opinions or if the existence of any of these grounds shall damage the position of this person.
6. If the requested person was subject to investigation or trial procedures for the same crime, which is the criminal subject-matter of the extradition request.
7. If the requested person was previously tried for the crime for which the surrender is requested and a judgment of acquittal or conviction is rendered and that he has fully served the adjudged sentence.
8. If an irrevocable judgment is rendered by the UAE courts regarding the crime for which the surrender is requested.
9. If the criminal lawsuit is terminated or if the sentence is forfeited by time limitation when submitting the extradition request.
10. If the requested person was subject or may be subject to torture, inhuman or insulting treatment or a severe sentence not appropriate to the crime by the Requesting State or if the minimum standard of guarantees determined in the Penal Procedures Code are not available.

Appeal Process

If the Appeal Court decides to reject the extradition request, the requested person should be immediately released. If the Appeal Court decides to extradite the requested person, such a decision may be challenged before the Cassation Court within thirty days. The extradition request shall be executed only after the extradition judgement becomes final.