Tim Elliott
Welcome to Lawgical, the UAE’s first and still the only regular legal podcast. My name is Tim Elliott, and I’m here with our expert, managing partner of the Dubai-based legal firm HPL Yamalova and Plewka, Ludmila Yamalova. Nice to see you. This episode is all about extradition—it’s got all the drama of government negotiations and spy thrillers.
Ludmila Yamalova
Good to see you too, Tim. Thanks for being here, as always.
Tim Elliott
Extradition is often in the media, and the UAE is frequently mentioned. Let’s start with what extradition actually means.
Ludmila Yamalova
Sure, and you’re right, extradition has been a hot topic recently. At a high level, extradition is a form of judicial cooperation between countries, by which one country surrenders a person—accused or convicted—to another country to either stand trial or serve a sentence. In simple terms, it’s an agreement between countries to return or transfer the accused to the requesting country.
Tim Elliott
So what’s the UAE’s stance, or legal framework, on extradition?
Ludmila Yamalova
The UAE has a well-developed legal framework for extradition, governed by bilateral and multilateral agreements as well as UAE Federal Law Number 39 of 2006, which addresses international judicial cooperation on criminal matters, also known as the Extradition Law. The list of countries with which the UAE has agreements is extensive and growing each year.
Tim Elliott
What countries have bilateral extradition agreements with the UAE? How long is the list?
Ludmila Yamalova
Some notable countries with bilateral agreements include Italy, France, the United Kingdom, Denmark, the Netherlands (since 2021), Ukraine, Australia, China, India, and Iran. The list is indeed quite long and expanding.
The UAE is also part of the Riyadh Arab Convention for Judicial Cooperation, signed in 1983, which includes GCC and Middle Eastern countries like Saudi Arabia, Qatar, Egypt, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Algeria, Bahrain, Iraq, and Tunisia.
Tim Elliott
What happens when there isn’t an extradition agreement between countries?
Ludmila Yamalova
In cases where no bilateral or multilateral agreement exists, extradition requests are subject to the UAE’s Extradition Law—Federal Law Number 39 of 2006.
Tim Elliott
What requirements are involved in extradition requests in terms of documentation and the underlying case?
Ludmila Yamalova
Under UAE Extradition Law, the UAE may accept an extradition request if certain conditions are met. For example, the request must be based on a crime punishable by at least one year of imprisonment in the requesting country. The remaining sentence time for the accused must be at least six months. Also, the crime does not need to be punishable under UAE law for the extradition to proceed.
These requirements are laid out in Article 7 of the UAE Extradition Law.
Tim Elliott
Let’s assume there’s an extradition request against an individual. How would you challenge a request like that?
Ludmila Yamalova
Extradition requests can be challenged on several grounds. One is procedural issues, such as inadequate documentation or failure to provide proper translations. Because the UAE is not a member of the Hague Convention, any foreign documents must be translated, attested, and undergo the apostille process to be valid here.
Another ground is jurisdiction—if the requesting country lacks jurisdiction over the individual, this can be a basis for challenge. Additionally, if the punishment in the requesting country is deemed inappropriate by UAE standards, the extradition may be denied.
Tim Elliott
Are there any exceptions where extradition isn’t allowed?
Ludmila Yamalova
Yes, there are exceptions. A UAE citizen cannot be extradited. Other exceptions include cases where the crime is political, although this doesn’t include terrorism, war crimes, or genocide. Crimes related to military obligations, religious or ethnic discrimination, or cases where the individual has already been tried or acquitted for the same crime are also exempt.
Extradition is also denied if there’s concern that the person may be subjected to torture or inhumane treatment in the requesting country.
Tim Elliott
Are there any recent examples of extradition cases in the UAE?
Ludmila Yamalova
Yes, there have been several notable cases. For instance, in 2022, Denmark requested extradition of a national involved in a tax fraud case. The UAE accepted based on the extradition agreement with Denmark. In 2021, France requested extradition of an individual accused of drug dealing and money laundering; the UAE courts upheld the request despite multiple appeals.
In another case, Italy requested extradition of an individual accused of homicide. The accused appealed, citing expiration of the statute of limitations and the harsh nature of Italy’s punishment, but the UAE Court of Cassation ultimately approved the extradition.
One recent case from 2023 involved South Africa requesting extradition for two individuals accused of fraud and money laundering. This request was denied due to insufficient documentation.
There’s also an ongoing case involving the Netherlands, which recently requested extradition of Dutch national Quincy Promes, accused of drug dealing. This case is interesting because the UAE only recently signed an extradition treaty with the Netherlands in 2021. This high-profile case is ongoing as we speak.
Tim Elliott
Fascinating. It sounds like the UAE is cooperating actively in extradition. Can you wrap up with your conclusion, Ludmila?
Ludmila Yamalova
Yes, the UAE is becoming more proactive in handling extradition requests, especially with its strategic location and international reputation. It’s a desirable place to live, and in the past, some might have seen it as a potential safe haven. However, with the UAE’s increasing cooperation and compliance with foreign governments, that perception is changing.
I expect to see more cases as foreign governments understand the UAE’s clear requirements for documentation and procedure. This trend will likely continue, reinforcing the UAE’s standing as a law-abiding, cooperative nation in international matters.
Tim Elliott
That’s Lawgical for today. We discussed extradition, its process, and recent cases in the UAE. Thanks for listening or watching. And as always, a big thank you to our legal expert, managing partner Ludmila Yamalova.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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