For many years, the United Arab Emirates has attracted foreigners with a high standard of living and promising opportunities for doing business. While some expats have managed to gain a truly positive migration experience, others have suffered from judicial abuses and false accusations.

Extradition treaties form the legal basis for the extradition procedure between states. They establish clear rules for interaction between countries on the transfer of accused and convicted persons.

Do you need legal assistance with extradition between the UAE and Spain? Our law firm has unique experience in handling extradition processes in both countries. We will provide competent legal support, take care of the preparation and submission of documents, and represent your interests at all stages of the procedure.

Types of Extradition Procedures in Spain

Extradition is a legal procedure for transferring an individual accused or convicted of a crime from one state to another. Depending on the party initiating the request, extradition in Spain can be active or passive.
Active extradition is a legal procedure in which Spain requests the surrender of a person located in the territory of another state for prosecution or enforcement of a court sentence.

For this, Spanish law enforcement agencies must clearly identify the person and determine the grounds for extradition. The request is sent through the Ministry of Justice or Interpol. It must include a description of the crime and its legal qualification, evidence of the person’s guilt, an arrest warrant, or a court sentence.

extradition spain with uae

The state to which the request is sent checks it for compliance with national legislation and the conditions of the international treaty. If the requested country agrees to extradition, the wanted person is handed over to Spain for further procedural actions or serving a sentence.

Passive extradition is a legal procedure in which Spain considers a request for the extradition of a person located on its territory.

A foreign state sends a request through diplomatic channels or Interpol. Spanish authorities verify the request for compliance with formal requirements and international obligations.

The case is transferred to the National Court of Spain (Audiencia Nacional), which decides whether extradition is permissible. At this stage, the court assesses the presence of double criminality, the severity of the crime, and the risks of human rights violations in the event of extradition. After the judicial proceedings, the decision on extradition is approved by the Council of Ministers of Spain.

Conditions for Requesting Extradition in Spain

Extradition in Spain is carried out only in cases of serious crimes that meet the following criteria:

  • The principle of double criminality: the offense must be punishable under criminal law both in Spain and in the other state;
  • A crime must provide for a punishment in the form of imprisonment for a term of no less than one year. If the person has already been convicted, the remaining term of punishment must be no less than six months;
  • Extradition applies to serious crimes that threaten public safety or cause significant harm.

Most often in Spain, extradition is applied for the following crimes: murder, violent crimes, human trafficking, labor and sexual exploitation, illegal production, transportation and sale of drugs, money laundering, financial fraud, corruption, participation in transnational criminal groups, hacker attacks, robberies, and armed assaults.

Non-extraditable offenses in Spain

The legislation of Spain provides certain grounds and categories of crimes for which the extradition of a person is impossible:

  • The crime is of an exclusively political nature, there is a risk of torture due to opposition activities;
  • Crimes related to the violation of military discipline (desertion and others);
  • The act is not recognized as a criminal offense in one of the states;
  • The punishment for the committed crime is less than 1 year of imprisonment;
  • The crime was committed by a person with the status of an asylum seeker;
  • The risk of torture or cruel treatment, unfair trial, and even the application of the death penalty;
  • The person has already been convicted or acquitted for the same crime in Spain or in a third country (principle of non bis in idem);
  • Statute of limitations for the committed crime.

In accordance with the Constitution of Spain, citizens of the country are not subject to extradition. However, they can be held criminally liable in the territory of Spain for crimes committed abroad.

Legal Framework for Extradition in Spain

Extradition is a complex legal procedure regulated by national laws, international agreements, and regional regulations. In Spain and the UAE, extradition is subject to strict legal frameworks.

Law 4/1985 “On Passive Extradition” regulates the procedure for extraditing individuals located in the territory of Spain to other states. It defines the grounds for extradition, limitations, and guarantees for the protection of the rights of the wanted person.

extradition uae spain

The Criminal Procedure Code of Spain (LECrim) contains procedural norms regulating the judicial review of extradition cases, including the examination of evidence and ensuring the right to defense.

Moreover, as an EU member, Spain applies a simplified extradition procedure based on the Council Framework Decision of the EU dated June 13, 2002. The EAW allows member countries to request the extradition of individuals for prosecution or execution of a sentence without lengthy procedures.

Federal Law No. 39 of 2006 “On International Cooperation in Criminal Matters” regulates all aspects of extradition to the UAE, including the grounds for extradition, the process of reviewing requests, and cases in which extradition is not possible.

The United Arab Emirates have also concluded bilateral agreements with a number of countries, including Spain. This facilitates interaction between states and speeds up the issuance procedure. The UAE actively cooperates with Interpol, applying red notice for the search and temporary detention of wanted persons.

Countries without an extradition treaty with Spain

Spain cooperates with 26 EU countries under the European Arrest Warrant. Additionally, Spanish authorities have signed bilateral extradition agreements with 36 other countries worldwide: Switzerland, Liberia, Monaco, Cuba, Algeria, China, Cape Verde, India, the United Arab Emirates, Bosnia, Kazakhstan, and others. Based on the European Convention on Extradition, Spain can request the extradition of individuals with search and arrest warrants in 21 countries.

As of January 2025, Spain has no extradition agreements with 121 countries. Consequently, there are no guarantees for the extradition of fugitives and criminals unless agreements are reached between the governments. Most of these countries are located in Africa, Asia, Oceania, as well as the Middle East.

America: Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint Lucia, Suriname, Trinidad and Tobago

Africa: Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, CAR (Central African Republic), Chad, Comoros Islands, Republic of Congo, Côte d’Ivoire, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Kenya, Libya, Madagascar, Mauritius, Mozambique, Namibia, Niger, Nigeria, Seychelles Islands, Sierra Leone, Somalia, Sudan, Tanzania, Tunisia, Zimbabwe

Asia: Afghanistan, Saudi Arabia, Bahrain, Bangladesh, Brunei, Bhutan, Cambodia, North Korea, Philippines, Indonesia, Iraq, Iran, Japan, Jordan, Kyrgyzstan, Kuwait, Laos, Lebanon, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Oman, Pakistan, Qatar, Singapore, Syria, Sri Lanka, Thailand, Tajikistan, Turkmenistan, Uzbekistan, Vietnam

Oceania: Fiji, Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Solomon Islands, Samoa, Tonga, Tuvalu, Vanuatu.

Also, let’s consider the list countries that do not have extradition agreements with UAE : Ukraine, Syria, Algeria, Morocco, Argentina, Colombia, Cuba, Japan, USA, Philippines, and others.

However, the absence of an official agreement does not guarantee that extradition is impossible. The UAE has special arrangements with some countries. For example, a memorandum of understanding between the UAE and India facilitates cooperation in the extradition of criminals, even without an official treaty. Similar arrangements have been made with Pakistan and a number of other countries.

Steps to Request Extradition in Spain

Spain and the United Arab Emirates cooperate on extradition based on bilateral agreements, international conventions, and national laws.

The process begins with the preparation of an official request. The requesting party must submit a detailed document containing:

  • Legal basis for the request: reference to international treaties or bilateral agreements regulating extradition between the UAE and Spain;
  • Evidence: description of the crime, circumstances of its commission, and evidence of the individual’s involvement;
  • Documents: a national arrest warrant or a court sentence confirming the necessity of extradition;
  • Information about the wanted person: name, date of birth, citizenship, photograph, and location.

The request is sent to Spain through official diplomatic channels, most often through the Ministry of Foreign Affairs of the UAE. Then the documents are forwarded to the Ministry of Justice of Spain for preliminary review. During the initial check, compliance of the request with national legislation, the presence of necessary evidence and documents, as well as possible obstacles, are assessed.

If the request meets the requirements, it is forwarded to the National Court of Spain. It reviews the case and decides on the admissibility of extradition. At this stage, the severity of the crime (the punishment must be at least 1 year of imprisonment), the principle of double criminality, the absence of political or religious motives, and the risk of human rights violations are examined. The wanted person has the right to a trial and defense.

After the court’s decision, the final decision is made by the Spanish Council of Ministers. The decision can be based on both legal and political considerations. If extradition is approved, the parties are given time to agree on the terms of transfer.

It is also worth noting that as an EU member, Spain applies the European Arrest Warrant for a simplified and expedited extradition procedure within the EU. The request is sent directly between the judicial authorities of EU countries, bypassing diplomatic channels.

The EAW procedure significantly reduces bureaucratic formalities, speeding up the process of transferring a person. However, it is only applied between EU member states and does not extend to the UAE.

Spain is obligated to make a decision within 60 days after the arrest of the wanted person. If the person agrees to extradition, the process can be completed within 10 days.

For a number of serious crimes, such as terrorism, human trafficking, or corruption, verification of compliance with the principle of double criminality is not required.

Extradition lawyers in Spain

If you or your loved ones are facing the threat of extradition to the UAE or Spain, our team of experienced lawyers is ready to provide qualified legal assistance even in the most complex and challenging legal situations.

Our lawyers are ready to provide the following services:

  • Conducting legal analysis: studying the circumstances of the case, checking the possibility of extradition and related risks, determining applicable legislation, and assessing the likelihood of a positive or negative decision;
  • Preparation of documents: collection of necessary evidence, warrants, court orders, drafting official statements and motions in accordance with the requirements of local law;
  • Representation of client interests: defense in courts and negotiations with competent authorities, maintaining business contacts with official institutions, supervisory and law enforcement agencies;
  • Appellate and cassation support: preparation and handling of complaints against issuance decisions, if necessary — in higher judicial instances, development of alternative solutions to the problem.
  • Consultations: development of an effective defense strategy taking into account the specifics of legislation, preparation for interrogations, court hearings, and appellate procedures if necessary.

Our attorneys have many years of experience in the field of international criminal law and are well-versed in the intricacies of the legal systems of the UAE and Spain. We know which arguments and evidence are most convincing for courts and law enforcement agencies, and which legal tools allow for the most effective protection of the client’s interests.

Do not make mistakes and do not delay in seeking qualified help. Contact us right now for an initial consultation and the development of an effective strategy to protect your interests.

Dr. Anatoliy Yarovyi
Senior Partner
Anatoliy Yarovyi is a doctor of Law, holds a Master’s degree in Law from Lviv University and Stanford University. He was one of the candidates for a judgeship at the European Court of Human Rights (ECHR). Specializes in representing clients’ interests at the ECHR and Interpol in matters concerning extradition, personal and business reputation, data protection, and freedom of movement.

    Planet

    Extradition is the process by which one country transfers a person to another for criminal prosecution or enforcement of a court sentence. It ensures justice and prevents criminals from escaping punishment by moving to other countries. Extradition is regulated by international agreements or operates on the principle of reciprocity.

    Its purpose is to uphold international law and combat crimes such as terrorism, corruption, fraud, and money laundering. The process involves a request, review of evidence, and a decision on extradition. Agreements between countries, like the one between the UAE and India, simplify and expedite the procedure.

    Extradition is a key tool for international cooperation against crime. For those asking does Dubai extradite, the answer is yes, in compliance with international agreements and UAE laws, ensuring justice and human rights protection. For further information or assistance, contact our Interpol Attorney in Dubai.

    The conditions of extradition between the United Arab Emirates and India

    An extradition agreement between the UAE and India was signed in 1999. It aims to facilitate the transfer of offenders and ensure justice. The treaty covers serious crimes such as terrorism, fraud, money laundering, and other criminal acts that are punishable by law in both countries.T

    uae extradition treaty

    Extradition is only carried out when the crime is punishable by imprisonment for a term of at least one year in the requesting and responding countries. The agreement stipulates that a person cannot be extradited for political or war crimes. Also, extradition is not possible if a person may be subjected to torture or an unfair trial. Both countries cooperate in providing evidence necessary for the extradition process. The process begins with a request that includes details of the crime, corroborating evidence, and legal grounds. This UAE extradition treaty helps to improve cooperation between the UAE and India in the fight against crime and ensures more effective justice.

    In what cases extradition may be refused?

    Extradition may be rejected if the crime for which the transfer is requested is of a political nature. Political crimes are not extraditable under international law. If the requesting country cannot provide sufficient evidence of the person’s guilt, extradition may also be refused.

    In cases where there is a risk that the person may be subjected to torture, ill-treatment or an unfair trial, extradition is not carried out. Extradition is not carried out if the crime is not considered criminal in the country receiving the request. In both countries, the act must be recognized as a crime.

    Extradition may also be refused if the crime has already been tried in court or the punishment for it has already been executed. This ensures that a person will not be tried twice for the same offense. The agreement between the UAE and India takes into account all these conditions, which helps to protect the rights of the accused and ensure justice.

    Principles of the extradition treaty

    The UAE-India Extradition Treaty is an important element of international cooperation in the fight against crime. It aims to ensure a fair process for the transfer of perpetrators of crimes, taking into account human rights and international law.

    The treaty is based on clear principles that govern when and under what conditions extradition may be granted. These principles establish the basic rules that ensure transparency and fairness of the process.

    Below is a closer look at the principles underlying this agreement.

    The Principle of Double Criminality

    The principle of double criminalization is one of the key provisions of the extradition agreement between the UAE and India. It means that the offense for which extradition is requested must be recognized as a criminal offense in the laws of both countries.

    This principle ensures fairness and avoids prosecution for actions that are not criminal in the other country. For example, if the act for which extradition is requested is not criminalized in one of the countries, extradition will not be possible.

    The principle of dual criminalization helps to avoid abuse of the extradition process and ensures that persons are only transferred in cases that comply with the legal norms of both states.

    Rule of specialty

    The specialty rule is an important aspect of the UAE-India extradition treaty. It provides that an extradited person can only be prosecuted or punished for the offense for which he or she was extradited.

    This rule ensures that the receiving country cannot expand the charges or prosecute for other offenses without the consent of the extraditing country.

    does india have extradition treaty with us

    The specialty rule also protects the rights of the extradited person and ensures transparency of the legal process. To ensure compliance with this rule, Interpol Red Notices are often used, which specify the specific crime for which the person is wanted.

    Compliance with the specialty rule is a prerequisite that builds trust between countries and ensures fairness in the extradition process.

    The Principle of Proportional Punishment

    The principle of proportionality of punishment is an important element of the extradition agreement between the UAE and India. It means that the offense for which extradition is requested must be commensurate with the level of punishment provided for it in both countries.

    This principle ensures that a person will not be handed over to be prosecuted or punished for an offense that is considered minor or does not require serious sanctions. For example, crimes that are punishable only by a fine or minor restriction of liberty may not meet the conditions for extradition.

    The principle of proportionality of punishment helps to avoid unreasonably harsh treatment of the extradited person. It ensures that extradition is carried out only in cases where the crime is considered serious and deserves a significant punishment under the laws of both countries.

    Steps to Request Extradition

    The extradition process between the UAE and India involves several successive stages that ensure legal transparency and compliance with international standards.

    1. Preparation of the request. The country initiating extradition must prepare an official request. It should contain details of the crime for which the person is requested to be extradited, evidence of his or her involvement, and the legal grounds for extradition.

    2. Transmission of the request. The request is transmitted through diplomatic channels. It is submitted to the competent authority of the country from which extradition is requested.

    3. Consideration of the request. In the country that received the request, an analysis is carried out to determine whether the request complies with the terms of the extradition treaty. Factors such as the existence of the principle of double criminalization, the absence of a political or military nature of the crime, and compliance with other conditions are assessed.

    4. Court decision. If the request meets all the requirements, the case may be referred to the court. The court determines whether the extradition complies with national and international law.

    5. Execution of extradition. After a positive court decision, extradition is carried out. The person is handed over to representatives of the requesting country in compliance with all necessary procedures.

    This process ensures fairness, transparency, and guarantees the protection of the rights of the person subject to extradition. The UAE extradition treaty between the UAE and India clearly regulates all stages, which contributes to effective cooperation between the countries.

    Seek legal assistance from attorneys

    In cases where extradition is required, it is very important to seek legal assistance from experienced lawyers. They will help you understand the complex process, assess the legality of the request, and protect the rights of the person to be extradited.

    Legal assistance is needed both to file an extradition request and to defend yourself if extradition concerns you or your loved ones. Lawyers provide advice, analyze evidence, and represent the client’s interests in court.

    “Each extradition case is unique and requires a deep knowledge of international and national law,” says attorney Oleksandr Ivanenko, who specializes in international law.

    Professional legal support is also needed to ensure that all procedures comply with international law and the UAE-India agreement. This is especially important in complex cases involving political or economic crimes. For those wondering does Dubai extradite, the answer depends on compliance with the conditions outlined in international agreements and UAE laws, including the assurance of a fair trial and adherence to human rights standards.

    For advice or assistance, you can contact us and learn more about how our attorney can help with your case. Legal support guarantees the protection of your rights and transparency of all procedures.

    Dmytro Konovalenko
    Senior Partner, Attorney-at-law, admitted to the Bar (Certificate to practice Law #001156)
    Dmytro Konovalenko is member of the International Association of Lawyers. He specialises in cases related to Interpol and successfully successfully challenged Red Notices, extradition requests, and implemented preventive measures for clients from Europe, Asia, the Far East.

      Planet

      Extradition between Australia and the United Arab Emirates is a complex legal process that requires in-depth knowledge of international law, the national laws of both countries, and the nuances of interstate agreements. Any delay can complicate the defense and lead to undesirable consequences. If you or your loved ones are faced with extradition proceedings, it is important to enlist the support of a qualified lawyer as soon as possible who can effectively defend your interests.

      What is Extradition?

      Extradition is a legal process by which one state hands over to another a person accused of or convicted of a crime for trial or to face criminal punishment. It is a key tool in international cooperation to combat transnational crime and prevents offenders from fleeing prosecution abroad.

      Extradition is based on principles of international law and is governed by both bilateral and multilateral treaties. It helps maintain the rule of law by preventing criminals from evading justice across geographic boundaries.

      Suspects for whom extradition has been requested have the right to access to counsel, a fair trial, the opportunity to appeal and lodge motions, notification of the reasons for arrest and details of the request.

      UAE and Australia Extradition Treaty

      In 2007, the United Arab Emirates and Australia signed a bilateral extradition treaty, which entered into force in 2010. This agreement regulates the procedure for the transfer of accused or convicted persons between the two countries, promotes cooperation in the fight against transnational crime and ensures justice. In order for a crime to be considered grounds for extradition, it must be punishable by imprisonment for at least 1 year in both countries. 

      This requirement includes serious offenses: murder, causing grievous bodily harm, robbery, assault, drug trafficking, human trafficking and illegal migration, terrorism and the financing of terrorist organizations, money laundering, corruption, fraud, tax evasion on an especially large scale, illegal arms trafficking, hacker attacks, sexual and labor exploitation.

      The treaty allows the UAE and Australia to effectively cooperate in combating crimes that cross national borders. The document ensures that criminals will not be able to evade justice by hiding in another country.

      Key Provisions of the Extradition Treaty

      The crime for which extradition is requested must be recognized as a criminal offense in both states and entail a prison sentence of at least 1 year. The requesting state must provide sufficient evidence to support the justification of the charges.

      According to the principle of speciality, the person transferred can only be held liable for the crime specified in the request. Prosecution for other offenses requires separate approval.

      A person cannot be extradited if he or she has already been convicted or acquitted of the same crime in the requesting or any other country. The principle of non bis in idem ensures that a person will not be tried again for the same act. Extradition is also impossible if the statute of limitations for prosecution or execution of punishment for the crime has expired in one of the countries.

      Extradition is not possible if:

      • The person is at risk of torture, cruel and degrading treatment;
      • There are no guarantees of a fair trial in the requesting country;
      • The conditions of detention in the requesting country do not meet international standards.

      Extradition is also not permitted for crimes of a political nature (participation in rallies, protests, criticism of the government, etc.). The exception is terrorist acts or crimes against humanity, even if they are related to criminal activity. If there is reason to believe that a person will be persecuted on the basis of race, religion, nationality, or political beliefs, extradition is not carried out.

      The Extradition Process in the UAE

      The UAE has entered into a number of bilateral and multilateral extradition treaties with various countries. The country is also a party to a number of international conventions, such as the United Nations Convention against Transnational Organized Crime. The domestic legislation governing extradition is provided by Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters.

      The process begins with a foreign country making a formal extradition request through diplomatic channels or Interpol. The request must contain all the necessary information, including details of the charges, copies of arrest warrants, and evidence linking the person to the crime.

      The UAE Ministry of Justice receives and reviews the request for compliance with formal requirements and international obligations. At this stage, it assesses whether the request complies with the terms of existing treaties and domestic legislation.

      If the request is deemed acceptable, UAE law enforcement authorities may temporarily arrest the suspect. This is done to ensure his or her presence at the upcoming extradition hearing. The suspect is brought before a competent court, where the grounds for extradition and his rights are explained to him. The court verifies the legality of the arrest and the existence of sufficient grounds to continue the process. The court analyzes the evidence presented, verifies its sufficiency and compliance with the requirements of the law.

      If the court decides in favor of extradition, the suspect has the right to appeal this decision to higher courts. The appeal process must be completed within the time limits established by law. After all legal proceedings and appeals are completed, the final decision is made by the Ministry of Justice or another authorized body.

      If a decision is made to extradite, the UAE authorities coordinate with the requesting state the details of the suspect’s transfer. Extradition is carried out within the established time limits and in accordance with international standards.

      The Extradition Process in Australia

      Extradition in Australia is governed by the Extradition Act 1988. The country has bilateral extradition treaties with many countries and is a party to a number of international conventions, such as the UN Convention against Transnational Organized Crime. The Attorney-General’s Department is responsible for processing extradition requests. 

      The process begins with the requesting state making a formal request for extradition to the Attorney-General’s Department. The request must include:

      • Details of the charges and alleged crimes;
      • Copies of arrest warrants and court verdicts;
      • Evidence linking the person to the crime;
      • Guarantees of human rights and a fair trial.

      The Attorney-General considers the request to ensure that it complies with the requirements of the Act and Australia’s international obligations. At this stage, the sufficiency of the evidence presented, the absence of a political motive, and the compliance of the offence with the principle of double criminality are assessed.

      If the Attorney-General considers the request admissible, he or she issues a notice to proceed, allowing the legal proceedings for extradition to begin.

      Once the notice is issued, the magistrate may issue a warrant for the arrest of the suspect, which gives law enforcement the power to make a temporary arrest.

      Once arrested, the suspect is brought before the court for the first hearing. At this stage, the grounds for arrest and details of the extradition request are explained to the suspect, the possibility of bail is considered, and a date for the final hearing is set.

      At the extradition hearing, the magistrate decides whether the suspect should be extradited. The legal basis for the request, the sufficiency of the evidence, compliance with procedural rules, and the presence of exceptions preventing extradition are considered.

      If the magistrate decides that the suspect should be extradited, he or she refers the case to the Attorney-General for a final decision. If not, the suspect is released.

      The suspect has the right to appeal the magistrate’s decision to higher courts, including the Federal Court of Australia and the High Court of Australia. Once all court proceedings have been completed, the Attorney General makes the final decision on extradition. Extradition must be carried out within two months of the final decision, unless there is further delay.

      Challenges and Defenses in Extradition Cases

      One of the main issues is the protection of human rights. Extradition may be refused if there is a risk of violation of the requested person’s fundamental rights: risk of torture or ill-treatment, unfair trial or conditions of detention that do not meet international standards.

      In the United Arab Emirates, cases of torture during imprisonment are often documented. The authorities keep the court’s decision and the place of detention secret, thereby depriving the person of the right to legal defense.

      In addition, prisoners reported that they were exposed to extreme temperatures and constant blinding light, sleep deprivation, beatings and even electric shocks. Subsequently, an improvement in the legal situation in the Emirates was noted, but the reforms have not yet become part of the daily practice of the courts, law enforcement agencies and the judicial system.

      In the UAE, the death penalty is still provided for some crimes, which significantly complicates extradition to Australia, where this punishment has long been abolished. Therefore, extradition can only be carried out if guarantees are provided that the death penalty will be abandoned. Homosexuality and any sexual relations outside of marriage are illegal and punishable by at least one year in prison. Homosexual acts can be punishable by death.

      Freedom of speech and press in the United Arab Emirates is virtually non-existent. Opposition journalists face long prison terms. According to the report of the international organization Reporters Without Borders, the UAE is ranked 138 out of 180 in the press freedom ranking.

      The right to privacy in the UAE is also not respected. Reports of large-scale cyber surveillance to track political opponents and critics continue to grow every day. Although, according to an international agreement and an agreement with Australia, extradition cannot be applied to politically motivated acts.

      It is therefore extremely important to fight for your rights and use all available legal tools to challenge the extradition request. If the suspect does not agree to extradition, he can file an objection at the trial stage.

      After temporary arrest, the suspect must be presented before the court. At this stage, the court assesses the compliance of the request with national legislation and international obligations. The suspect has the right to present his arguments against extradition. Among the most common grounds for challenging the extradition are the following:

      • Political nature of the crime;
      • Risk of torture, cruel or degrading treatment;
      • Lack of guarantees of a fair trial in the requesting country;
      • Insufficient or invalid evidence;
      • Violation of the statute of limitations.

      If the court of first instance decides in favor of extradition, the suspect has the right to appeal this decision to higher courts. Each country has its own peculiarities of the appeal procedure.

      In the UAE, the petition is filed with the Court of Appeal. The decision of the Court of Appeal can be challenged in the Court of Cassation. In Australia, the appeal is filed with the Federal Court. Then the decision can be transferred to the High Court of Australia, which is the final instance.

      If national courts decide to extradite, the person can appeal to international organizations, such as the UN Human Rights Committee, the European Court of Human Rights (if applicable) and many other international structures that counter cases of human rights violations.

      The appeal procedure requires a competent approach and professional support. Our lawyers will help assess the legality of the request, prepare legally sound objections to extradition, represent the client’s interests in court and when filing appeals.

      How Legal Experts Can Help with Extradition Cases

      Our experts have extensive experience in extradition cases and are ready to support you at every stage of the process. We provide clients with the following services

      • Detailed legal advice and legal assessment of the case;
      • Challenging unlawful extradition requests;
      • Filing appeals to higher courts;
      • Preparing reasoned statements to protect your rights in international organizations;
      • Initiating and conducting diplomatic negotiations to find alternative solutions and reach agreement between the parties;
      • Ensuring access to legal and medical assistance

      We work with government agencies and investigative bodies in both countries to achieve the most favorable outcome. Our team develops effective strategies for each client, taking into account the individual characteristics of each case.

      Contact us right now for an initial consultation and to discuss further steps to protect your interests. Our experts are ready to help you in any situation.

      Extradition proceedings in any form are a serious infringement on human freedom. Therefore, when carrying them out, countries must adhere to the rule of law. Many consider the United Arab Emirates to be a calm Islamic country with luxurious beaches and posh shopping malls. 

      However, in practice, long prison terms are imposed on opposition journalists, bloggers, or even debtors for insignificant amounts. Extradition between the United Arab Emirates and Germany is a complex legal process governed by international treaties and the legal norms of both countries. There is no extradition treaty between these countries, but extradition is possible on an individual basis. If you or your loved ones are at risk of extradition, it is important to enlist the support of qualified lawyers as soon as possible who have the necessary knowledge and many years of experience working with Interpol.

      What is an Extradition Treaty?

      An extradition treaty is an international agreement between states aimed at facilitating mutual legal assistance in the fight against transnational crime. Such a treaty sets out the conditions, procedures and principles under which one state undertakes to extradite persons accused or convicted of criminal offences to another. These agreements play an important role in maintaining international law and order and in cooperation between countries.

      Every year, criminals increasingly use the opportunity to hide abroad to avoid justice. Extradition treaties ensure that persons who have committed crimes will be held criminally liable, even if they are outside their own country. In accordance with the principle of sovereignty, each country retains the right to decide on the extradition of a person independently, taking into account the terms of the treaty and its own national legislation.

      There is currently no bilateral extradition agreement between Germany and the United Arab Emirates. However, this does not exclude the possibility of extradition between these countries. In such cases, extradition can be carried out on the basis of international agreements to which both countries have acceded or on the basis of the principle of reciprocity. In addition, in 2019, Germany and the UAE signed the so-called Declaration of Intent, which guarantees cooperation on security issues related to all forms of terrorism.

      Extradition Process Between Germany and the UAE

      The process begins with the filing of a formal extradition request. The requesting party sends the request through diplomatic channels. It must contain the following information about the wanted person:

      • Identification data: full name, date and place of birth, nationality, physical description, photographs;
      • Legal documents: copies of arrest warrant, indictment or court verdict;
      • Description of the crime: detailed statement of facts, legal classification of the act, applicable articles of law;
      • Evidence: materials confirming the person’s involvement in the crime (if required by the legislation of the requested country).

      The competent authorities of the country receiving the request examine it for compliance with the conditions of international law, national legislation and human rights guarantees.

      After the initial assessment, the request is forwarded to the court. The judicial authorities check whether there are grounds for extradition. The defense arguments are considered, including possible human rights violations or the political nature of the charges.

      If the court approves extradition, the final decision is made by the executive branch (for example, the Ministry of Justice or the Interior). If extradition is refused, the person remains under the jurisdiction of the receiving country.

      If the court decides in favor of extradition, the suspect has the right to appeal this decision to higher courts. After all legal procedures and appeals have been completed, the final decision is made by the Ministry of Justice.

      Legal Framework in Germany

      In Germany, international mutual legal assistance is regulated by bilateral treaties, the Council of Europe’s European Convention on Extradition and the Act on International Mutual Assistance in Criminal Matters (IRG). However, Section 1 (3) of the IRG expressly states that international extradition treaties take precedence over the provisions of this Act. 

      The Framework Decision on the European Arrest Warrant within the EU is of decisive importance for extradition practice. The main legal act regulating the extradition procedure is the Act on International Mutual Assistance in Criminal Matters (IRG). It defines the procedure and conditions:

      • Consideration of extradition requests from Germany;
      • Requests from Germany for the extradition of persons from other countries;
      • Provision of mutual legal assistance between states.

      According to the principle of double criminality, the act must be a criminal offence in both Germany and the requested state. Suspects cannot be extradited for political crimes. Germany refuses extradition if there is a risk of the death penalty, torture or unfair trial. Extradition is only permitted after a thorough review by the judicial authorities.

      The German Basic Law (Grundgesetz) enshrines human rights and the principles of the rule of law. Article 16(2) prohibits the extradition of German citizens, except in cases provided for by European Union law or international agreements. No person may be extradited if this would violate his or her rights guaranteed by the Constitution.

      Germany is a party to the European Convention on Extradition, which provides:

      • General rules on the extradition of persons between member states of the Council of Europe;
      • List of offences subject to extradition;
      • Grounds for refusal, including the political nature of the offence or the absence of double criminality.

      As a member of the European Union, Germany actively uses the European Arrest Warrant. This mechanism simplifies the extradition process between EU countries and also eliminates lengthy diplomatic negotiations.

      Extradition Requirements Under UAE Law

      Federal Law No. 39 of 2006 regulates the extradition procedure in the UAE. This law defines the conditions and procedures for the extradition of persons accused or convicted of crimes to foreign countries.

      The main provisions of the law are:

      • The crime must be a criminal offense in both the UAE and the requesting country (double criminality principle);
      • The minimum sentence for the crime committed must be 1 year of imprisonment;
      • A person cannot be extradited if he/she is accused of a political crime;
      • Extradition is prohibited if the person has already been convicted or acquitted of the same crime in the UAE;
      • The person has the right to a fair trial and legal assistance;
      • The UAE judicial authorities make the final decision on extradition.

      The requesting country must provide evidence to support the charge, such as an arrest warrant or conviction. The UAE actively uses Interpol notices to coordinate extradition requests and capture individuals wanted outside the country.

      Challenges in Extradition Cases in UAE and Germany

      The UAE is based on a mixture of civil law, Islamic Sharia and legislation, which affects the assessment of crimes and punishments. Germany adheres to the standards of the rule of law with an emphasis on the protection of human rights enshrined in the Constitution. Such differences lead to different interpretations of crimes and incompatible standards. For example, the death penalty applied in the UAE is incompatible with German law, which serves as grounds for refusing extradition.

      Cases of financial and tax crimes are especially difficult. In Germany, financial offenses may not be considered criminally punishable, which complicates their prosecution. The UAE, in turn, strictly regulates economic crimes, which leads to discrepancies in the assessment of such cases. Prosecution for check fraud is also widespread in the Emirates. In addition, there have been numerous reports of torture in prison. Authorities may keep the fate of a prisoner and his place of detention secret, thereby depriving him of the right to legal defense. Many extradited Europeans have described hellish stays in Emirati prisons: sleep deprivation, constant beatings, electric shocks, exposure to extreme temperatures, threats of rape and death.

      While the legal situation in the United Arab Emirates has since improved, European countries believe that such reforms have not yet become part of the daily practice of the courts, police and prison system.

      The UAE provides for the death penalty for certain crimes. According to Article 8 of the IRG, extradition can only be lawful if a guarantee is given that it will not be carried out. Torture and inhuman treatment prevent extradition from Germany under Article 3 of the ECHR.

      Arbitrary detention is common in the United Arab Emirates. After serving their sentence, detainees continue to be held in custody, sometimes for years. Prison cells lack hygiene products and prisoners are not allowed to have personal belongings. Homosexuality and any sexual relations outside of marriage are illegal and punishable by imprisonment for at least 1 year. 

      How to Handle Red Notices and Interpol Alerts in the UAE and Germany

      A Red Notice is an official notice issued by the International Criminal Police Organization for the purpose of searching for, temporarily arresting and subsequently extraditing persons accused or convicted of crimes. It is an international mechanism for law enforcement cooperation to locate wanted persons and hand them over to the requested state.

      Although a Red Notice is often equated to an international arrest warrant, it does not have such legal force. Interpol does not have the right to arrest people, and its notices are advisory in nature.

      A Red Notice contains information about the wanted person, details of the charges brought, a request for arrest within the framework of national and international procedures. Some notices are not published in the public domain and are available only to law enforcement agencies of member countries.

      However, not all notices are legal and justified. Their presence can lead to serious legal and reputational consequences for the person against whom it was issued.

      Any person has the right to submit a request to the Commission for the Control of Interpol’s Files (CCF) to check whether a Red Notice exists in their name. The CCF can also check whether the notices comply with Interpol rules and international standards. It is necessary to analyze the legality of the notice: whether it meets the grounds for issuance and does not violate human rights.

      To appeal a Red Notice, it is necessary to prepare an appeal to the CCF indicating the valid reasons: the political nature of the case, insufficient evidence, violation of human rights, etc. Provide documentation to support your position.

      The official statement must contain the applicant’s full name and contact information, a copy of the Red Notice or a detailed description of the circumstances, evidence confirming that the notice was issued in violation of Interpol rules.

      To successfully appeal, it is important to collect convincing evidence, which may include:

      • Court decisions confirming your innocence or absence of a crime;
      • Documents showing that the charges are politically motivated;
      • Evidence of human rights violations in the requesting country;
      • Arguments that the actions you are accused of do not constitute a criminal offense.

      Once the documents have been prepared, the complaint is submitted to the Commission. This can be done through a lawyer or representative. The complaint must be submitted in one of Interpol’s working languages ​​(English, French, Spanish and Arabic).

      The Commission analyses the materials and checks whether the notice complies with Interpol’s rules. If the notice violates rights or standards, the CCF may decide to cancel it. The review process usually takes from several months to a year.

      Legal Support for Extradition Cases

      Different countries have their own approaches to interpreting crimes, punishments and human rights. For example, actions that are considered a crime in one country may not be considered such in another country.

      Extradition may be accompanied by the threat of the death penalty, the risk of torture and inhuman treatment, unfair trials in the requesting country. Qualified legal support in such situations becomes a real necessity.

      Some extradition requests are related to political persecution, which is especially relevant in cases of activists, journalists and opposition politicians. This can seriously damage a person’s reputation and career, and also lead to long-term restrictions on freedom.

      Experienced lawyers will help assess the legality of the request, analyze the grounds for refusing extradition, explain to the client his rights and possible outcomes of the case.

      In court, lawyers will prepare arguments to defend the client, challenge the request if it violates international standards, prove that extradition is unfounded or contrary to human rights principles. In some cases, attorneys may be able to facilitate negotiations between the parties to obtain a waiver or a retrial.

      Why You Need Expert Lawyers for Extradition Matters

      You should seek legal advice if:

      • An extradition request has been initiated against you or your company;
      • You want to challenge an Interpol red notice;
      • You need protection from an unfair trial in the UAE or Germany;
      • You want to initiate extradition proceedings in one of the countries.

      Extradition lawyers are well versed in the principles of operation of the legal systems of different countries, as well as the specifics of applying international treaties. Experienced specialists will help prepare an impressive evidence base to challenge the request, and will also support the client at all stages of the trial.

      The extradition process can cause a serious blow to the client’s reputation. Expert lawyers work to minimize reputational losses and maintain the confidentiality of the case.

      Our team of professionals has extensive experience in extradition cases between Germany and the UAE. We offer individual defense strategies adapted to the specific features of each case. Our team will protect your rights at all stages of the process – from checking the request to the trial.

      Our Extradition Law Services in UAE and Germany

      Our law firm provides a full range of services aimed at protecting the interests of clients and successfully resolving extradition cases:

      • Full legal analysis of extradition requests with an assessment of their validity;
      • Checking the compliance of requests with international and national legislation;
      • Determining possible grounds for refusing extradition;
      • Preparing arguments to protect the client from extradition;
      • Legal representation during court proceedings;
      • Appealing decisions that violate the client’s rights;
      • Checking and challenging red notices issued against our clients;
      • Preparing requests to the CCF Commission to remove unlawful notices;
      • Settlement of disputes at the pre-trial stage;
      • Searching for alternative solutions that suit both parties.

      In the United Arab Emirates, our lawyers help clients protect their rights, taking into account local laws and Shariah standards. We work with authorities to prevent unlawful extradition and ensure a fair trial.

      Contact us now for an initial consultation and to discuss the next steps to ensure a fair resolution of the case. Our lawyers are ready to answer any questions you may have.