HomeExtradition Lawyers in Dubai and the UAE
If you’ve received an extradition request, been detained on an Interpol Red Notice, or fear you may be targeted for extradition from the UAE, immediate legal action matters — extradition proceedings in Dubai move through the Ministry of Justice, the Public Prosecution, the court, and ultimately the Minister of Justice, and each stage has a limited window to raise objections.
Our lawyers challenge extradition requests at every stage under Federal Law No. 39 of 2006, arguing double criminality failures, political motivation, expired statutes of limitations, and human rights risk — and where possible, work to prevent a request from advancing before formal proceedings even begin.
What is extradition?
International extradition is a legal mechanism through which one state transfers to another a person accused or convicted of a crime for prosecution or execution of a sentence. This institution forms the basis of international cooperation in the field of justice and has become an integral part of the global security system.
However, extradition is not just a formal transfer. It is a complex procedure where the interests of states, norms of international law, and human rights intersect, making it one of the most sensitive areas of legal practice.
The main goal of extradition is to ensure the inevitability of punishment. States should not become a haven for individuals evading justice. Through the mechanism of extradition:
- Accused and convicted persons are returned to where they face trial or the enforcement of a sentence;
- The use of borders as a tool for evading the law is prevented;
- Trust is being strengthened between countries and judicial systems;
- Protection of law and order and international security is ensured.
At the same time, extradition also serves a humanitarian function. International treaties and national laws limit the possibility of extradition if a person is threatened with torture, political persecution, or unfair treatment.
How to Stop Extradition from Dubai: Main Lines of Defence
Extradition from the UAE is not automatic. A request can fail at several points, and the defence usually works on more than one of them at once:
- No treaty, no reciprocity. Without an extradition treaty, the UAE can extradite only on the basis of reciprocity (Article 2 of Federal Law No. 39 of 2006). The first step is to check what the request actually rests on.
- Double criminality and the penalty threshold. The act must be a crime in both countries and punishable by at least one year of imprisonment; for enforcement of a sentence, at least six months must remain to be served (Article 7).
- Mandatory grounds for refusal. Extradition is refused if, for example, the person is a UAE national, the offence is political or purely military, the request is motivated by race, religion, nationality or political opinion, the person has already been tried for the same act, or the limitation period has expired (Article 9). The full list is set out in Step 8 of the procedure below.
- Deadlines. A person provisionally arrested before the request arrives may be held for no more than 15 days, or 40 days where there is good cause (Article 15). Missed deadlines are grounds for release.
- Appeal. The court’s decision on extradition can be appealed within 30 days (Article 22).
- The Interpol side. If the request is backed by a Red Notice, a parallel challenge before the CCF can remove the alert that led to the arrest.
How can you challenge extradition from Dubai?
Our lawyers know how to halt the extradition process and find grounds for refusal under UAE law. Protect your freedom now.
Get Urgent ConsultationUnderstanding extradition laws in the UAE
Extradition in the United Arab Emirates is a complex legal process that combines the norms of domestic legislation, international treaties, and Interpol mechanisms. The UAE’s legal system in this area is based on three fundamental foundations: national legislation, bilateral and multilateral agreements, as well as international mechanisms of legal cooperation. It is the interaction of these three levels that forms a flexible yet strict system, where each extradition is considered on an individual basis.
Legal basis: Federal Law No. 39 of 2006
The main source of national regulation of extradition in the UAE is Federal Law No. 39 of 2006, which defines the procedures, conditions, and processes for the surrender of individuals to other states. This law was adopted with the aim of establishing a transparent mechanism for interaction between the judicial system of the Emirates and foreign justice authorities, while ensuring the protection of the rights of the accused.
The law covers all key stages of the extradition process:
- Receipt of an official request for extradition through diplomatic channels;
- Preliminary review of the request by the Ministry of Justice of the UAE;
- Judicial review by the competent Court of Appeal;
- An appeal against the court’s decision;
- The consent of the Minister of Justice, without which a court decision permitting extradition cannot be enforced.
Particular attention is paid by the law to the grounds for refusal of extradition. In accordance with the articles of the law, extradition is impossible if:
- The crime has a political nature;
- The person faces torture, inhuman or degrading treatment, or cruel punishment disproportionate to the offense, or would be denied the minimum procedural guarantees;
- The request is intended to prosecute the person because of their race, religion, nationality or political opinions;
- The limitation period for prosecution or for enforcement of the penalty has expired;
- The act is not a crime under the laws of the UAE (principle of double criminality).
The law also allows provisional arrest on the basis of a foreign arrest warrant before the extradition request itself arrives. Such arrest may not exceed 15 days, or 40 days if the requesting state gives reasons for the delay (Article 15).
Bilateral and multilateral agreements of the UAE
The extradition system of the United Arab Emirates is based not only on domestic legislation but also on a wide network of international agreements that define the rules of interaction with other states. These agreements establish mutual obligations, regulate extradition procedures, set timelines, specify extraditable offenses, and provide safeguards for human rights throughout the process.
The presence of an extradition treaty significantly simplifies the process. If an active treaty exists between the UAE and the requesting state, the extradition request is generally considered in accordance with the applicable bilateral provisions. In such cases, the treaty’s provisions take precedence over the general rules established by Federal Law No. 39 of 2006. UAE courts therefore apply both domestic legislation and the country’s obligations under international agreements.
The UAE continues to expand its network of extradition treaties as part of its efforts to strengthen international cooperation in combating transnational crime, money laundering, terrorism financing, and other cross-border offenses. Countries with which the UAE has extradition treaties include:
- India
- United Kingdom
- Australia
In addition, the UAE participates in multilateral conventions, including the Riyadh Arab Agreement for Judicial Cooperation (1983), the UN Convention against Transnational Organized Crime (2000), and the UN Convention against Corruption (2003). These documents establish universal standards regulating the interaction of countries in the search for and extradition of individuals hiding abroad.
The role of Interpol and red notices in Dubai
A special place in extradition cases is occupied by Interpol notifications, which often become the first step towards the detention of a person on the territory of the UAE. It is important to understand that a Red Notice does not have the legal force of an international arrest warrant. It is an informational request sent to the law enforcement agencies of Interpol member countries to locate and provisionally arrest a person wanted under a warrant from one of the countries.
In practice, in the UAE, the system works as follows:
- When passing passport control, the individual’s data may be checked against Interpol databases.
- If a match is confirmed, the police may detain the person until the circumstances are clarified.
- After that, the local authorities notify the National Central Bureau, which is located in Abu Dhabi.
- The NCB contacts the state that initiated the notice to confirm that the person is still wanted.
Important: the mere presence of a Red Notice is not grounds for extradition. It only initiates the verification procedure, after which the UAE decides whether to recognize the notice as valid and whether it complies with local and international law. If the request is deemed unlawful, a lawyer can file a petition for its removal through the CCF Commission.
Conditions for extradition from the UAE
Let us consider the key legal grounds without which the extradition of a person to a foreign state is impossible.
- Double Criminality. The first and most important condition is that the act must be considered a crime in both countries: in the requesting state and in the UAE. If a specific action is not criminally punishable under the laws of the Emirates, extradition is impossible. This principle protects against unlawful prosecution and ensures that the UAE will not become a tool for political pressure or personal revenge.
- The minimum severity of punishment. Under the laws of both the requesting state and the UAE, the offense must be punishable by imprisonment of at least one year or a more severe penalty. If extradition is requested to enforce a sentence, the remaining term must be at least six months (Article 7).
- Complete documentation. The requesting state must provide officially certified documents with an Arabic translation: details identifying the person, the text of the applicable provision and the penalty, copies of the arrest warrant and investigation records, or a copy of the judgment (Article 11). If the documents are insufficient, the Ministry of Justice may request what is missing (Article 12) — and the defense can point out gaps in the file to the court.
- The absence of political motivation. Extradition is impossible if the offense is political or connected with a political offense (terrorism, war crimes, genocide and certain other offenses are not treated as political), or if there are serious grounds to believe that the request is intended to prosecute the person because of their race, religion, nationality or political opinions (Article 9).
- Protection from torture and unfair trial. Extradition is impossible if the person faces torture, inhuman or degrading treatment, or cruel punishment disproportionate to the offense in the requesting state, or would be denied the minimum procedural guarantees (Article 9).
- The principle of ne bis in idem. Extradition is impossible if the person has already been tried for the offense and acquitted, or convicted and has served the sentence, or if the same case is under investigation or trial in the UAE or has been decided by a final UAE judgment (Article 9).
- Statute of limitations. Extradition is impossible if, at the time of the request, the limitation period for prosecution or for enforcement of the penalty has expired (Article 9).
- The absence of UAE citizenship. The law prohibits the extradition of UAE nationals (Article 9).
- Contractual basis. The UAE cooperates in extradition matters on the basis of international treaties and, in their absence, on the basis of reciprocity (Article 2).
The procedure of extradition in the UAE
Extradition from the UAE is a multi-stage legal process involving several government bodies, including the Ministry of Justice, the Prosecutor’s Office, the courts, and the National Central Bureau of Interpol. Contrary to popular belief, extradition does not occur automatically: each request undergoes a strict legal review to ensure it complies with national legislation, international treaties, and principles of human rights protection.
Step 1. Receipt of an extradition request
The request is submitted in writing through diplomatic channels and referred to the competent department of the UAE Ministry of Justice. It must be accompanied by officially certified documents with an Arabic translation: details identifying the person (description, photographs, nationality and place of residence), the text of the provision under which the person is charged and the penalty it carries, and official copies of the arrest warrant and investigation records — or a copy of the judgment to be enforced (Article 11 of the Law). A request may be preceded by an INTERPOL Red Notice, but that is a separate alert seeking a person’s location and provisional arrest, not an extradition request or an international arrest warrant.
Step 2. Review by the Ministry of Justice
The Ministry checks whether the request meets the formal requirements and forwards it to the Attorney General. If the information or documents are insufficient, the Ministry may ask the requesting state to provide additional material within a set period (Article 12).
Step 3. Provisional arrest and the Public Prosecution
In urgent cases, the Attorney General may order the provisional arrest of the person on the basis of a foreign arrest warrant even before the request arrives. Such arrest may not exceed 15 days, or 40 days if the requesting state gives reasons for the delay. The prosecutor may release the person on personal or financial surety (Article 15). Once the request has been received, the person may be arrested if there is a risk of flight (Article 16).
Within 48 hours of the arrest, the person is brought before the Public Prosecution and informed of the reason for the arrest, the content of the request and the evidence, and is entitled to have a lawyer present during questioning (Article 17). Within 15 days, the Attorney General refers the request to the court (Article 18).
Step 4. Review by the Court of Appeal
The request is heard by the competent Court of Appeal in a closed session attended by the prosecutor, the person sought and their lawyer (Articles 1 and 19). The court does not decide on guilt: it examines whether the conditions for extradition are met and whether any ground for refusal applies, and issues a reasoned decision on whether extradition is permissible (Article 20). This is where the defense can argue, for example, the absence of double criminality, the political nature of the prosecution or the risk of torture. If the court rules that extradition is not permissible, the person is released immediately (Article 21).
Step 5. Appeal against the court’s decision
Both the prosecution and the person sought may appeal within 30 days of the decision or, if it was issued in absentia, of notification (Article 22). The appeal is listed for hearing no later than 10 days after it is filed (Article 23). A decision permitting extradition is enforced only once it has become final (Article 24).
Step 6. Consent of the Minister of Justice
Even a final court decision permitting extradition can be carried out only with the consent of the Minister of Justice. If the Minister does not consent, the Attorney General releases the person (Article 26). If the person has consented in writing to surrender to a single requesting state, the Minister may decide on the request on the Attorney General’s recommendation without a court ruling (Article 13).
Step 7. Surrender of the person
If the person is under investigation or on trial in the UAE for another offense, extradition is postponed until those proceedings end, and a convicted person is surrendered after serving the sentence; temporary surrender for up to six months is also possible (Article 10). If the requesting state does not take custody of the person within 30 days of being notified of the decision, the person is released; detention pending surrender may not exceed 60 days (Article 28).
Step 8. Grounds for refusal
Extradition may be refused at any stage if one of the grounds listed in Article 9 of the Law applies:
- the person is a UAE national;
- UAE courts have jurisdiction over the offense;
- the offense is political or connected with a political offense (terrorism, war crimes, genocide and certain other offenses are not treated as political), or consists solely of a breach of military duties;
- there are serious grounds to believe that the request is intended to prosecute or punish the person because of their race, religion, nationality or political opinions;
- the person is already under investigation or on trial in the UAE for the same offense, or a final judgment on it has been issued by UAE courts;
- the person has already been tried for the offense and acquitted, or convicted and has served the sentence;
- the limitation period for prosecution or for enforcement of the penalty has expired;
- the person faces torture, inhuman or degrading treatment, or cruel punishment disproportionate to the offense, or would be denied the minimum procedural guarantees.
Legal support in challenging extradition
The extradition procedure is one of the most stressful and legally complex processes a person can face abroad. A mistake at any stage can lead to the loss of freedom and the inability to defend oneself in the court of another country. That is why professional legal assistance in challenging extradition is crucial.
Our lawyers assist clients at all stages: from the moment of detention and request verification to the decision of the Minister of Justice. We develop a defense strategy taking into account international treaties, UAE obligations, and Interpol practices.
Extradition cases require high qualifications and deep knowledge of international law. A professional lawyer performs several key functions:
- Verification of the legality of the arrest. The lawyer assesses whether all procedural norms were observed during the detention and notice of the request.
- Analysis of documents and evidence. The lawyer verifies the authenticity and compliance of the materials received from the requesting country with the requirements of Federal Law No. 39.
- Preparation of objections against extradition. Legal arguments are formed based on grounds for refusal: the political nature of the case, the risk of torture, the expiration of the statute of limitations, and others.
- Preparation for the court stage. The defense position and arguments for the hearing before the Court of Appeal and for any appeal.
- Control of humanitarian aspects. If necessary, the lawyer seeks medical examination, improvement of detention conditions, and contact with the consulate.
We provide a full range of legal support, including:
- Analysis of the extradition request and consultation on legal strategy, including an INTERPOL Red Notice risk assessment where relevant;
- Interaction with the Prosecutor’s Office and the Ministry of Justice of the UAE;
- Preparation of objections to extradition;
- Communication with the consulate and foreign lawyers;
- Support for cases involving INTERPOL notices, including assessment of whether a separate request to the CCF is appropriate;
- Assistance in gathering evidence of humanitarian and legal grounds for refusal of extradition.
If you or your loved one are facing the threat of extradition, do not wait until the last moment. Contact our lawyers as soon as possible to receive a detailed analysis of the situation, develop a defense strategy, and protect your rights in accordance with international standards. Get in touch with us for a consultation, and we will help preserve your freedom and reputation.
FAQ
Does the UAE have an extradition treaty with the United States?
No — the UAE and the US do not have a formal extradition treaty. Requests are still possible on the basis of reciprocity and diplomatic cooperation, but the absence of a treaty gives the UAE courts and Ministry of Justice more grounds to decline a US request than they would have with a treaty partner like the UK or India.
Is the UAE considered a “no extradition” country?
No — the opposite is closer to the truth. Extradition requests are assessed under UAE law and any applicable international treaty. What varies is the specific legal basis for a given request: treaty-based requests are handled under the terms of the treaty, while requests from non-treaty countries are assessed case by case under principles of reciprocity.
Can someone be extradited from Dubai to the UK?
Yes — the UAE and UK have an active extradition relationship, and requests are handled under the terms of that bilateral agreement alongside Federal Law No. 39/2006. As with any request, it still must satisfy double criminality, sufficiency of evidence, and the absence of political motivation before a court finds extradition permissible and the Minister of Justice gives consent.
