Extradition Lawyers in the UAE
Every year, more and more migrants dream of moving to the United Arab Emirates due to the tax-free salaries, warm climate, and luxurious lifestyle. Another advantage, until recently, was the lack of extradition treaties with many countries, which allowed individuals to escape criminal prosecution.
However, don’t start joyfully packing your bags just yet, as the UAE reserves the right to extradite individuals at their own discretion. Therefore, in such matters, it’s crucial to secure legal support from an experienced attorney as early as possible, who will help effectively protect your interests at all stages of the process.
What is Extradition?
Extradition is a legal procedure for transferring an accused or convicted criminal from one country to another to face criminal prosecution and to serve a court sentence. Extradition is carried out based on international agreements, national legislation, and principles of international law.
Extradition helps countries collaborate in combating criminals who try to evade justice abroad. Therefore, even if someone has left the territory of the country where the crime was committed, they will be held criminally responsible.
The extradition process strengthens legal ties between countries, enabling them to effectively combat transnational threats such as terrorism, drug trafficking, money laundering, and cybercrime.
In the United Arab Emirates, extradition requests must meet the following requirements:
- The principle of dual criminality (the offense is considered a criminally punishable crime in both countries);
- For the committed crime in the requesting country, the punishment provided is imprisonment for a term of not less than 1 year.
- The remaining sentence for the defendant is no less than 6 months.
To initiate the extradition process, the requesting country must send an official request through diplomatic channels or directly to the UAE Ministry of Justice. The request should include a detailed description of the crime, evidence supporting the charges, and a copy of the national arrest warrant or court verdict.
In the UAE Ministry of Justice, a request is checked for compliance with the requirements of national legislation and international obligations. Aspects such as the existence of a treaty and adherence to the principle of dual criminality are taken into account.
If the request meets the requirements, the case is transferred to court for consideration. The legal proceedings include evaluating the provided evidence, checking compliance with procedural standards, and allowing the person sought to present their defense.
The court makes a decision on the legality of extradition. If the decision is positive, the case is forwarded for consideration by higher authorities.
After this, the UAE Ministry of Justice issues a final decision on extradition. If extradition is approved, the wanted individual is handed over to representatives of the requesting country within a specified period.
Extradition Agreements in the UAE
Extradition to the UAE is governed by both national legislation and international treaties. Such agreements play a key role in cross-border crime and in bringing individuals who are fleeing justice abroad to criminal accountability.
The Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters establishes the basis for extradition to the UAE and regulates issues of international cooperation in the field of criminal justice.
The UAE has entered into numerous bilateral extradition treaties with various countries: the USA, the United Kingdom, India, France, and others. These agreements define the procedures and conditions for extradition between countries, taking into account their legal and cultural characteristics.
The process of concluding an extradition treaty involves several stages. The UAE is negotiating with another country to agree on the key aspects of extradition: the conditions for extradition, the list of crimes subject to extradition, and guarantees of human rights protection. After reaching an agreement, a bilateral treaty is signed, which must be ratified by both parties in accordance with their respective laws.
If necessary, the parties can review the terms of the agreement to accommodate changes in national or international legislation.
Countries with extradition treaties with the UAE
As of December 2024, the United Arab Emirates has signed extradition treaties with more than 50 countries, including:
- USA
- United Kingdom;
- Netherlands;
- India;
- China;
- France;
- Ireland;
- Germany;
- Australia
- Canada;
- South Africa
- Brazil;
- Argentina;
- Mexico;
- Japan;
- Turkey;
- Italy;
- Spain and others.
Additionally, the UAE signed the Riyadh Arab Agreement on Judicial Cooperation, which facilitates extradition with several Middle Eastern countries: Saudi Arabia, Kuwait, Bahrain, Egypt, Jordan, Oman, Morocco, Iran, Tunisia, Lebanon, Libya, and Algeria.
It’s important to note that having an extradition treaty does not guarantee extradition in all cases. Each request is considered individually, taking into account many factors (the nature of the crime, the presence of dual criminal liability, and potential political consequences).
Countries Not Subject to Extradition to the UAE
Countries that are not subject to extradition are states that do not have extradition treaties with certain countries or do not participate in international agreements on extradition at all. Legally, these states are not obligated to hand over individuals accused or convicted of crimes in other countries for prosecution or to serve their sentences.
Due to differences in legal systems, political disagreements, or the absence of diplomatic relations, countries may not sign extradition treaties. The UAE does not have extradition agreements with the following countries:
- Afghanistan
- Armenia
- Belarus;
- Iran
- Cambodia;
- China;
- Cuba.
- Ethiopia;
- Guinea-Bissau
- Indonesia;
- Iran;
- North Korea
- Laos;
- Syria;
- Turkmenistan
- Uzbekistan
- Ukraine;
- Venezuela
- Yemen;
- Zimbabwe.
However, even in the absence of a formal treaty, the extradition process can be initiated based on diplomatic agreements or other international accords.
Rights of Individuals Facing Extradition
Individuals facing the threat of extradition have rights protected by national laws and international treaties. This can be a key factor in ensuring a fair trial.
First and foremost, every individual has the right to a fair trial, as well as to have their case examined in court before a decision on extradition is made. The court is required to assess the legality of the request, the evidence provided by the requesting party, and compliance with procedural norms.
The suspect also has the right to hire a lawyer to defend their interests. In some cases, a public defender is provided if the person cannot afford a private attorney.
An individual can appeal the decision on extradition, citing procedural errors, political motivation of the case, or the risk of human rights violations in the requesting country.
Extradition is prohibited if;
- The individual faces threats of torture, cruel, or inhumane treatment.
- There is a risk of an unfair trial in the requesting country.
- The requesting country practices capital punishment as a form of criminal penalty.
The individual must be informed of the reasons for their detention, the grounds for extradition, and their rights. In accordance with the presumption of innocence, a person is considered innocent until proven guilty in a court of law.
Defense Strategies for Extradition to the UAE
Unfortunately, extradition is often used for the wrongful persecution of individuals. Therefore, you have the right to defend yourself using a variety of legal strategies.
Key grounds for defense in extradition cases to the UAE:
- Violation of the double criminality principle. The crime must be recognized as criminally punishable both in the UAE and in the requesting country.
- The principle of non bis in idem means that no one can be prosecuted for the same crime twice. Lawyers can prove that a person has already been convicted or acquitted of that crime, which eliminates the possibility of extradition.
- The political motivation of the case. Extradition is prohibited if the crime is of a political nature: involvement in opposition activities, protests, or other actions related to political struggle.
- Human rights violation. Extradition is prohibited if there is a risk of torture, inhumane treatment, or unfair trial in the requesting country.
- Statute of limitations. Extradition cannot be carried out if the statute of limitations for the case has expired in accordance with the laws of the UAE or the requesting country.
- Insufficient evidence. An extradition request must be supported by compelling evidence. Lawyers point to the weakness of the evidence base or the lack of evidence that confirms the person’s guilt.
- Non-compliance with procedural norms. Extradition must be carried out in strict accordance with international and national procedures. If a request was submitted in violation of procedures, lawyers can challenge the extradition on this basis.
The UAE court assesses the evidence and arguments presented by both sides before making a decision on whether extradition is permissible or not. Even after a favorable court decision, extradition requires the approval of the UAE Minister of Justice for final execution.
If the court decides in favor of extradition, the accused has the right to appeal to the higher judicial authorities of the UAE, challenging the decision on the basis of procedural violations or new evidence.
What is a red notification and how do you remove it?
An Interpol Red Notice is an international request initiated by one of the member countries of the Organization for the temporary detention of a person wanted for committing a serious crime. It serves as a notification to law enforcement agencies in other countries about the whereabouts of the suspect or convicted individual.
However, it’s important to note that a Red Notice does not have legal force. International arrest warrant is just a request for cooperation between law enforcement agencies. Its implementation depends on the national legislation of each country.
The main functions of a red notice:
- Determining the location of a person of interest;
- Temporary detention of the suspect pending an official extradition request;
- Facilitating international information exchange between law enforcement agencies of different countries.
In the Interpol red notice, the following information is contained:
- Identification information: Full name and possible aliases, date and place of birth, citizenship, photographs, and biometric data;
- Legal Information: description of the crime, court rulings, and references to relevant legislative acts.
- Request details: national arrest warrant, date and place of the crime, prescribed punishment, and other important nuances.
Red notices are issued for serious criminal offenses that carry a punishment of imprisonment for a term of not less than one year, such as murder and attempted murder, violent crimes, terrorist activities, human trafficking, sexual and labor exploitation, production, distribution, and sale of narcotics, money laundering, major financial crimes, and others.
The decision to detain a person based on a red notice is made in accordance with the national legislation of each country.
A Red Notice can be appealed if:
- The persecution is politically motivated (for example, if the request is directed against journalists or opposition figures);
- The risk of torture, inhumane treatment, unfair judicial proceedings, or the death penalty in the requesting country;
- The notification is based on weak or unreliable evidence.
- Procedural errors were made in issuing the notice (incorrect information about the identity or circumstances of the case);
- The person in question has either been acquitted or is already serving time for the crime in question.
Removing the red notification — a complex process that requires professional legal assistance. An experienced specialist will analyze the notice, its grounds, and potential violations, as well as assess the chances of a successful appeal.
The next step involves gathering the necessary documents and evidence to prove the illegality of the notice or its non-compliance with international standards. This could include court decisions, acquittal verdicts, or confirmations of human rights violations.
Based on all the evidence collected, it is necessary to draft a petition to the Commission for the Control of Interpol’s Files (CCF). The CCF reviews complaints about abuses of the notification system. The petition should include a full description of the case, legal justification for the removal of the notice, as well as any and all supporting evidence.
The commission is reviewing the submitted materials and requesting additional information. In the event that significant violations are identified, the notification will be removed from the Interpol database.
Alongside reaching out to the CCF, you can try to contest the notifications through the UAE courts. The court might issue a decision recognizing the notification as unjustified and refuse its enforcement.
If a notification is removed, information about it is sent to national law enforcement agencies. The individual is no longer considered wanted by Interpol.
Do you need extradition lawyers?
Extradition is a complex and multifaceted legal process that requires a deep understanding of both international and national law, as well as high qualifications and knowledge. Mistakes or the lack of proper defense can lead to serious consequences, including unjust persecution, restrictions on freedom of movement, and even lengthy prison sentences. Therefore, the legal support of an experienced attorney becomes an absolute necessity.
Our team of Interpol lawyers will ensure compliance with all legal guarantees, including the right to a fair trial and protection against possible human rights violations. Experienced lawyers meticulously analyze each case to identify potential weaknesses in the extradition request and to develop an effective defense strategy.
Our extradition specialists offer a comprehensive approach to each case. Initially, a qualified lawyer will conduct a thorough analysis of the extradition request to determine its legality and compliance with international standards. We will check for legal grounds for extradition, including adherence to the principle of dual criminality and supported evidence base.
If needed, our experts are prepared to represent our clients’ interests in UAE courts at all stages of extradition proceedings. We will challenge any illegal or unfounded requests by submitting well-reasoned objections and evidence.
In the event of an unfavorable decision, we prepare appeals using all available legal tools. We turn to the highest judicial authorities in the UAE to protect your rights and interests.
If there’s a risk of human rights violations, our lawyers will bring the issue to court. Our attorneys coordinate with international lawyers and organizations to ensure a comprehensive approach to your case.
Contact our extradition lawyers in the UAE
Our lawyers have years of experience dealing with extradition cases, including complex international situations. We consider all aspects of the case to develop an effective defense strategy for your rights and interests. Our team is ready to provide urgent assistance in emergency situations related to detention or deportation.
Contact us right now to receive initial consultation and discuss the next steps for effectively resolving your legal issue.
