EXTRADITION IN THE U.A.E.: LEGAL FRAMEWORK

The topic of extradition has garnered significant media attention in recent years, with the UAE frequently being mentioned in this context.  But what exactly is extradition?

At a high level, extradition is a form of judicial cooperation between countries.  It involves one country surrendering a person to another country where that person is either accused or convicted under the requesting country’s laws.  This surrender allows the person to attend trial or serve a sentence.  In simpler terms, extradition is an agreement between two or more countries to cooperate in returning or transferring accused individuals to the requesting country.

1. THE UAE’S STANCE AND LEGAL FRAMEWORK ON EXTRADITION

Extradition in the UAE is a well-established concept, supported by a robust legal framework.  It is governed by a series of laws:

1. Bilateral Extradition Agreements: Agreements between two countries.
2. Multilateral Agreements: Agreements between multiple countries.
3. Federal Law No. 39 of 2006: The Extradition Law, which covers international judicial cooperation on criminal matters.

2. COUNTRIES WITH BILATERAL EXTRADITION AGREEMENTS WITH THE UAE

The UAE has bilateral extradition agreements with several countries, including:
– Italy
– France
– The UK
– Denmark
– The Netherlands
– Ukraine
– Australia
– Algeria
– Bahrain
– China
– Egypt
– India
– Iran
– Iraq
– Jordan
– Kuwait
– Lebanon
– Libya
– Morocco
– Oman
– Pakistan
– Republic of Korea
– Republic of Kazakhstan
– Russia
– Saudi Arabia
– Spain
– Tunisia

3. EXAMPLES OF MULTILATERAL AGREEMENTS

A notable example of a multilateral agreement is the Riyadh Arab Convention on Judicial Cooperation (1983), which includes various GCC and Middle Eastern states such as Saudi Arabia, Qatar, and Egypt. This convention has been signed by most Arab countries, including Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Algeria, Bahrain, Iraq, Saudi Arabia, and Tunisia.

4. EXTRADITION IN THE ABSENCE OF AGREEMENTS

When there is no extradition agreement between the UAE and another country, the UAE Extradition Law applies.

5. GENERAL EXTRADITION REQUIREMENTS

Extradition requests must meet specific requirements in terms of documentation and the underlying crime. Under the UAE Extradition Law (Federal Law No. 39 of 2006), the UAE may accept an extradition request if:

1. The request is based on a crime punishable by at least one year of imprisonment in the requesting country.
2. The remaining sentence for the accused is at least six months.
3. There is no requirement for the crime to be considered a crime in both countries.
4. The elements constituting the crime do not have to be the same.
5. The name of the crime does not have to be the same.

6.  CHALLENGING EXTRADITION REQUESTS

Extradition requests in the UAE can be challenged on several grounds:

1. Procedural Issues.  Insufficient documentation or improper translation.
2. Lack of Jurisdiction.  The requesting country does not have jurisdiction over the requested person.
3. Expiry of Statute of Limitations.
4. Prohibited Punishments.  The punishment in the requesting country is prohibited by UAE laws.

7.  EXCEPTIONS TO EXTRADITION

Extradition is not allowed in the following cases:

1. If the requested person is a citizen of the UAE.
2. If the UAE law would apply to the case.
3. If the crime is political (excluding terrorist crimes, war crimes, genocides, and crimes of aggression against the government).
4. If the crime relates to military obligations.
5. If the crime is based on ethnic, religious, national, or political affiliations.
6. If the person was subjected to investigation or trial in the UAE for the same crime.
7. If the person was previously tried and acquitted or the conviction has been fully served.
8. If the criminal lawsuit is terminated or the sentence has expired.
9. If the person may be subjected to torture or inhuman treatment.
8. Recent Examples of Extradition Requests in the UAE

Over the last three years, the UAE has dealt with several extradition requests:

– Denmark.  Requested extradition of a national for tax fraud in 2022.
– France.  Requested extradition for drug-dealing and money-laundering in 2021.
– Italy.  Requested extradition for homicide in 2022.
– Albania.  Requested extradition for murder and illegal firearm possession in 2022.
– South Africa.  Requested extradition for money laundering, fraud, and corruption in 2023.

In some cases, extradition requests were accepted, such as Denmark’s request, while others, like South Africa’s, were rejected due to insufficient documentation.

8.  CONCLUSION

The UAE is increasingly involved in extraditing foreigners, with its representative chairing Interpol and facilitating red notices based on extradition requests. As such, more cases and requests are expected in the future.

 

Hear more on our firm’s extradition podcast: https://lylawyers.com/podcast/extradition-laws-in-the-uae/