Choosing representation for an extradition matter requires an assessment of the work the case needs. The criminal lawyer Dubai residents instruct should identify the competent UAE authority, examine the foreign request and establish any immediate deadline. A proposal based only on the name of the alleged offence leaves important questions unanswered.
Families often approach a firm while documents remain abroad and information comes through several people. The first objective should be to organise the case sufficiently to obtain reliable advice. This article explains how to evaluate the proposed legal team, prepare the supporting material and understand the decisions that may arise in UAE extradition proceedings.
Verify professional status and responsibility
Check the firm and the named professionals through the Dubai Legal Affairs Department directory. Its purpose includes identifying registered advocates, legal consultants and licensed firms. It does not certify a person's specialisation or recommend a particular provider. An entry is therefore a registration check, rather than evidence that the person is the best choice for this case.
Establish who will appear before the competent court. The Department's licensing guidance excludes pleading or representing clients before Dubai Courts from the services authorised by a legal consultancy firm licence. Advice and advocacy may involve different professionals, and the engagement should explain their respective responsibilities.
Ask who will review urgent documents when the principal adviser is unavailable. Identify a contact for the detained person and agree which family member may receive updates. Clear authority to communicate helps prevent contradictory instructions from relatives trying to assist simultaneously.
Require advice on the applicable cooperation framework
Federal Law No 39 of 2006, as amended, regulates international judicial cooperation in criminal matters. Article 2 preserves international agreements to which the UAE is a party and addresses reciprocity. The firm should identify the treaty or other legal basis relevant to the requesting country before applying general procedural descriptions.
Under Article 7, the alleged offence must satisfy criminality and penalty requirements in both countries. The statutory threshold generally requires an offence punishable by at least one year of a penalty restricting liberty, or a more severe penalty. Where extradition is sought to execute a sentence, at least six months must remain unserved. Different offence names or elements do not alone defeat the statutory comparison.
Ask the adviser to explain the conduct alleged and its potential treatment under UAE law. This requires more than translating the foreign offence title. Where foreign legal input is needed, establish who will obtain it and whether it addresses the actual charge, procedural status and relevant legislation.
Build the document record around the request
Article 11 identifies supporting material for an extradition request, including identity details, applicable foreign provisions, the warrant and relevant factual or conviction material. It requires Arabic translations and prescribed authentication by the requesting state's central authority. Article 12 permits supplementary information or documents to be sought where the material is insufficient.
Compare names, birth details and nationality information across the available documents. Explain spelling differences and supply records supporting any identity objection. Obtain complete decisions rather than selected pages, and distinguish a pending allegation from an enforceable conviction. A later appeal or cancellation decision may materially change what the earlier document shows.
Keep originals with their translations and record the source of each item. Ask which translations and certifications are required for the particular submission. A family member's informal explanation can help an initial discussion, but should not be mistaken for an authenticated account of a foreign court's decision.
Connect objections to evidence
Article 9 sets out refusal grounds concerning matters including UAE nationality, specified jurisdictional and previous proceeding situations, expiry of proceedings or punishment, discriminatory persecution, and serious treatment or procedural safeguard concerns. Political offences are addressed with express exclusions. Each proposed objection must be assessed within the applicable legal framework.
For an argument based on earlier proceedings, identify the court, case number, offence and outcome. For limitation, supply dates and explain any intervening procedural events. If the concern involves mistreatment or discriminatory purpose, discuss evidence relating to the person's circumstances rather than relying solely on general assertions about a country.
The criminal lawyer Dubai families retain should explain both the supporting material and the gaps. Ask what additional document could affect the assessment and which argument has a clear legal foundation. An opinion that acknowledges uncertainty gives the client a more useful basis for instructions than an unqualified assurance that surrender can be prevented.
Track the UAE procedural stage
Article 17 requires presentation to the competent Public Prosecution within forty eight hours of arrest and provides for counsel to attend when the person's statements are taken. Article 16 permits release on guarantees determined by the Attorney General or delegate. Any release application requires assessment of the actual file and does not assure a favourable decision.
The law provides for judicial consideration of the request and a reasoned decision. Current Article 22 allows an appeal within thirty days from the court's decision. The team should record that date immediately and allocate responsibility for the appeal, rather than wait for another adviser to complete unrelated work.
Articles 24 and 26 require an extradition decision to become final and receive ministerial approval before implementation. Article 29 addresses speciality, including restrictions on proceedings for earlier offences outside the surrender basis and onward surrender, subject to statutory exceptions. Ask how these provisions and any treaty terms affect the case.
Separate INTERPOL work from extradition representation
INTERPOL describes a Red Notice as a request to locate and provisionally arrest a person for extradition, surrender or similar action. National authorities apply their own laws when deciding whether to arrest. The notice is not itself an international arrest warrant or a determination that the UAE must surrender the person.
The Commission for the Control of INTERPOL's Files assesses compliance of personal data processing with INTERPOL's rules. Its mandate does not replace the authorities deciding extradition. If both processes require attention, ask for separate responsibilities and deadlines. A submission concerning INTERPOL data should not be treated as protecting a UAE appeal period.
INTERPOL’s Annual Report 2024 recorded 223,641 valid notices worldwide across its notice categories, of which 17,612 were shared publicly on its website. These are global notice figures, not UAE extradition requests or surrender decisions. The difference also shows why a public website search alone cannot establish the complete position of an individual case; the legal team should assess the available official record and the separate extradition process.
Agree fees and handling of sensitive information
Request a written engagement identifying the immediate assignment and any later stages. Articles 46 and 49 of the legal profession law address written fee arrangements before work and the tasks covered. Check whether foreign counsel, translations, attendance, release applications and appeals are included or charged separately.
Agree how confidential records will be shared across the team. Article 45 addresses advocates' confidentiality, while Article 48 of Cabinet Resolution No 8 of 2025 addresses legal consultants and specified personnel. Both recognise exceptions for preventing a crime affecting human life or safety or causing serious property harm, and disclosure required by law. Confidentiality should therefore be explained accurately rather than promised without qualification.
Frequently Asked Questions
1. Can a lawyer guarantee that extradition will be refused?
No. The outcome depends on the request, applicable law, supporting evidence and decisions of the competent authorities. Ask for reasons supporting the proposed defence, any material weakness and the next procedural step. Claims of guaranteed refusal are not a substitute for that assessment.
2. Does the absence of a treaty rule out extradition?
No automatic conclusion follows. Article 2 also addresses reciprocity. The legal team must examine the basis for cooperation with the particular country and the applicable statutory conditions before advising whether the request may proceed.
3. What should I ask when comparing legal proposals?
Ask the criminal lawyer Dubai clients are considering to identify the responsible advocate, foreign advisers, missing documents, immediate deadlines and scope of the quotation. Compare the proposed work and explanations, including how the family will receive updates and approve additional expenditure.
4. What should I do when some foreign case documents are missing?
List each missing item, the person or authority believed to hold it and any request already made for a copy. Keep complete versions of the records available and distinguish official documents from informal summaries. Ask the legal team which missing material affects an immediate submission or deadline.
5. How should relatives coordinate updates during an extradition case?
Agree one authorised contact for routine family updates and identify who can approve instructions and expenditure. Keep a dated record of decisions, outstanding documents and deadlines. Confirm how the detained person’s instructions will be obtained and what happens when the principal adviser is unavailable.
About the author
Dr. Hassan Elhais is a Senior Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants in Dubai. He advises on UAE family, civil, commercial and criminal law matters.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE criminal law matters, including extradition requests, cross-border criminal matters and international legal cooperation. For readers researching an extradition lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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