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March 25, 2024

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Introduction:

Extradition is a legal process through which one country surrenders an individual to another country for prosecution or punishment for crimes committed in the requesting country.

The Agreement on Extradition between the UAE and the Kingdom of Denmark, signed on the 17th of March, 2022, establishes the framework for extradition between these two nations. This agreement outlines the procedures and conditions under which individuals can be extradited between the UAE and Denmark.

This article aims to provide an in-depth overview of the extradition process outlined in the agreement.

  • Request for Extradition:

    When one country seeks the extradition of an individual from another country, the request may be made in writing through diplomatic channels as outlined under Article 7. The request may include detailed information such as the name and nationality of the individual, a description of the offence, supporting legal documents, and any relevant evidence.
  • Grounds for Extradition:

    Article 2 stipulates that extradition may be granted if the offence carries a minimum one-year imprisonment sentence in both countries. Additionally, extradition is permissible for offences committed outside the requesting country's territory if similar crimes are prosecutable in the requested country (Article 2(4).
  • Exceptions to Extradition:

    There are several circumstances under which extradition may be refused, as outlined in Article 3. These include offences deemed political (Article 3(a), concerns about the individual's rights or safety (Article 3(e), or if the requested country has already prosecuted or acquitted the individual for the same crime (Article 3(g).
  • Provisional Arrest:

    Article 12 allows, in cases of urgency, the requesting country to request the provisional arrest of the wanted person through concerned central authorities or The International Criminal Police Organization (Interpol) or other channels agreed upon by the two countries. The requested country must promptly notify the requesting country of the outcome of the request. If the requested country does not receive an official extradition request within a specified time frame, the provisional arrest becomes invalid under Article 12(4).
  • Decision on Extradition:

    Article 9 states that, upon receiving an extradition request, the requested country must promptly notify the requesting country of its decision. If extradition is granted, the two countries may agree on the timing and logistics of the extradition (Article 14).
  • Confidentiality and Cooperation:

    Both countries agree to keep the extradition process confidential and cooperate with each other per the terms of the agreement (Article 22). Any disputes arising from interpreting or applying the agreement will be settled through diplomatic channels.
  • Entry into Force and Termination:

    The agreement enters into force 30 days after the exchange of instruments of ratification (Article 24). Either country may terminate the agreement with written notification through diplomatic channels, with termination taking effect 6 months after the notification as per Article 24(4).

Conclusion:

The extradition process between the UAE and the Kingdom of Denmark is governed by a legal framework that aims to ensure cooperation between the two countries while respecting the rights of the individuals involved.

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