In the UAE, extradition procedures are governed by Federal Law No. 39/2006, which has been amended by Federal Decree-Law No. 38 of 2023. The amended law specifies extradition and execution procedures. Extradition is an important part of international legal cooperation since it protects rights and regulations while also preventing criminals from escaping justice.
Procedures of the Extradition Request: In accordance with Article 33 of the aforementioned law, the public prosecutor or his representative may notify the UAE’s central authority to inform the foreign central authority about the extradition of individuals convicted to at least six months or a more severe punishment or accused of crimes punishable by law with a one-year sentence.
The extradition request may be made in writing, dated, signed, and sealed by the public prosecution and the central authority. This request should mention the full descriptions and information of the person to be extradited, details of the incidents, legal description of the crime, applicable legal provisions, and legal grounds for the extradition request. It must be submitted with the supporting documents through the Central Authority to the requesting country by diplomatic channels and translated when necessary.
Urgent Arrest of Extraditee: In accordance with Article 34, in urgent cases, the public prosecutor or his delegate may notify the requesting country’s competent authorities of the judicial arrest warrant to temporarily detain the extraditee. Subsequently, the Ministry of Interior’s communication section is in charge of notifying the arrest warrant. The public prosecution can speed up extradition requests along with supporting documents through diplomatic channels. Furthermore, Article 35 states that when applying the laws for penalty execution, detention outside a country is considered preventive detention.
Legal Qualification of the Crime: In the event that the legal classification of the crime changes during the trial, the person who was extradited may not be convicted or detained unless the new crime is based on the same facts and carries an equal or lesser penalty, which is stipulated under Articles 36 to 38. The extradited person is protected from any additional charges unrelated to the extradition request. Except for crimes committed at the border, the Minister may agree not to apply the death penalty in the majority of cases. Additionally, it is permissible if the legal guardians agree or consent to waive their right to retaliation under Sharia for retaliation crimes.
Surrender and Handing Extradition of Items: The public prosecutor or their representative may surrender crime-related items without violating third-party rights and with the option to postpone surrender for legal processes. The public prosecution and complainant may object to a surrender decision within 15 days, and the court can decide after hearing both parties, as outlined in Articles 36–42.
Additionally, the public prosecutor has the authority to request the extradition of crime-related items. The public prosecutor may also authorize controlled surrender, in which items are permitted to move without being seized in order to determine the destination or arrest offenders. The sovereignty, security, public order, ethics, and environment of the UAE must not be compromised. The UAE’s competent authorities are responsible for the execution of these authorizations, with the public prosecutor establishing the procedures for surrender and recovery or compensation.
Mutual Judicial Assistance in Criminal Matters Article 43 to 58: In mutual judicial assistance, the requests of foreign authorities include identifying the person and hearing the testimony and seizure necessary for criminal prosecution. These requests are forwarded to the UAE’s Central Authority through the diplomatic channel. Precautionary measures can protect legal interests or evidence when the case is urgent. Requests should be documented in detailed case information and additional details may be provided if required. Confidentiality can be maintained, upon request.
Furthermore, witness testimonies are conducted in the presence of UAE judicial officials. Witnesses may refrain if it is permitted by foreign law. Witnesses, experts, or defendants attending foreign judicial proceedings may enjoy immunity against past prosecution or detention. Requests can be rejected if it is against UAE laws or interests. The extradition law guides the extradition process; however, it can be modified according to each case and particular requirement.
Requests of Judicial Assistance from UAE Authorities to Foreign Judicial Authorities (Artilce-59-63): The competent judicial authority in the UAE can request judicial assistance from foreign authorities, such as identifying individuals and obtaining evidence necessary for criminal proceedings. These requests must be submitted through diplomatic channels, must meet all legal conditions and along with the detailed case information. The procedures that are conducted outside country must comply with the laws of the foreign jurisdiction or specific UAE legal requirements. Witnesses and experts requested to participate in foreign proceedings are granted exemption from prior prosecution or detention.
Transfer of the Convict to a Foreign State (Article 64-78): The public prosecutor may approve the transfer of a convict detained in UAE, in order to enforce the criminal judgment provided by the requesting country, subject to certain conditions and upon request by the foreign judicial authorities. Requests for transfers may be denied if they are found to violate and conflict with UAE laws or interests. Offenders may agree to the transfer of the conditions specified for refusal. Requests will consist of full information about the offender and a promise not to seek special amnesty. The requesting country bears the transfer expenses. Further, the UAE informs the requesting country of any amnesty provisions applicable to the convict.
