HomeExtradition between Dubai and Ireland
In the context of close international cooperation, extradition issues have become particularly relevant. Even with bilateral treaties in place, the processes of surrendering individuals can give rise to numerous legal complexities and requirements for compliance with international law norms. Therefore, it is extremely important to secure legal support from experienced solicitors who are familiar with the nuances of legislation in both jurisdictions.
Our company has many years of experience in dealing with extradition matters and works closely with colleagues in various countries, allowing us to provide accurate and prompt consultations. We understand that in extradition cases, every minute can matter, so we quickly get involved in the case, analyse the situation, and help develop the optimal defence strategy. Our specialists guarantee professional consultations, prompt collection of documents and evidence, support in appealing detention, and preparation of applications for bail or changing preventive measures.
Legal Framework for Extradition Between Ireland and the UAE
Extradition is a mechanism that facilitates mutual legal assistance for the transfer of individuals from one state to the requesting country for criminal prosecution or the execution of a sentence. This legal framework always relies on clearly defined extradition agreements and domestic legislative norms.
In recent years, Ireland and the United Arab Emirates have been actively strengthening their diplomatic relations for bilateral legal cooperation in combating organised crime and transnational drug trafficking gangs. One of the most significant steps towards tackling organised crime groups and transnational crime has been signing a separate Ireland-UAE extradition treaty, enhancing international legal cooperation in criminal law.
In Ireland, the Extradition Act 1965 is the fundamental legal document establishing the procedure and conditions for the extradition of individuals. The law contains provisions stating that the requested offence must comply with the principle of dual criminality and also describes the process of case consideration in Irish courts.
For EU member states, Ireland applies the EAW mechanism established by the Council Framework Decision of 2002. In cases where a suspect or accused person is located in one of the EU countries, their extradition to Ireland (or from Ireland) follows a simplified procedure: shortened review periods and unified standards, no dual criminality for a number of serious offences.
In the UAE, the federal regulation Federal Law No. 39 of 2006 on Mutual Judicial Cooperation in Criminal Matters governs issues of international cooperation with foreign states in the criminal law sphere, including extradition.
For many years, the authorities of both countries have been negotiating the conclusion of an extradition treaty to strengthen mutual legal assistance in criminal investigations. Last year, the parties signed an official extradition treaty that established the conditions of dual criminality, obligations for transfer, and procedural details. Moreover, both countries support international policing cooperation through Interpol, so they use red notices to declare international searches.
Extradition Process from Ireland to the UAE
The initiation of the Ireland-UAE extradition procedure begins with the preparation of documents. Law enforcement agencies and judicial authorities in the UAE form a package of papers: an arrest warrant, a verdict, and a court ruling indicating the necessity of extraditing the person. The documents detail the charges, articles of criminal law confirming the presence of punishment for the corresponding act.
An official request is sent to Ireland through diplomatic channels (via the Ministry of Justice or Foreign Affairs of the UAE) or directly to law enforcement agencies if relevant bilateral agreements on legal assistance and extradition have been signed. The request includes information about the identity of the suspect/accused (full name, citizenship, date of birth), the essence of the charges, as well as references to UAE legislation.
Simultaneously, the UAE may issue a Red Notice through Interpol, notifying all countries about the search for the individual. If Ireland discovers him on its territory, the police will detain him until the status of the case is clarified.
If Ireland’s law enforcement authorities receive information about the whereabouts of the requested person, they may detain them under a local court warrant or on the basis of temporary arrest. Upon detention, the grounds are explained to the individual.
The detained individual is brought to an Irish court, where they are officially informed of the request, their identity, and the circumstances of the case are verified. The court decides whether to keep the person in custody during the consideration of the request or to allow conditional release (on bail). At the same time, Irish authorities contact the competent institutions in the UAE to verify the authenticity of documents, clarify details of the charges and statutes of limitations, as well as to request additional materials if necessary.
The lawyers of the detained individual may present arguments regarding the inconsistency of the request with the underlying extradition agreements, the political nature of the case, the expiration of limitation periods, and the risk of torture or human rights violations in the UAE. If the court of first instance makes a decision on extradition, there is an opportunity to file an appeal with the higher judicial authority.
After court hearings, the court issues a ruling: to grant the request or reject it. Sometimes, the final decision rests with the Minister of Justice or the government, who must approve the decision. Often, Irish authorities may request written guarantees from the UAE regarding the non-application of torture, the death penalty, or certain types of punishments.
The individual is handed over to the responsibility of UAE representatives at the airport. From this moment, they are under the jurisdiction of the United Arab Emirates, and all further proceedings (investigation, trial, execution of the sentence) are carried out in this country.
Extradition Process from the UAE to Ireland
Irish law enforcement authorities prepare a package of necessary documents: an arrest warrant, an indictment, and a sentence (if the person has already been convicted). The documents must include information about the individual (full name, date of birth, citizenship), the nature of the charges, and the legal basis (articles of the Irish Criminal Code confirming the punishability of the act).
The request is sent through diplomatic channels or via the Ministry of Justice. An option of contacting Interpol to establish the location of the person may also be considered. Ireland justifies the request’s compliance with the principle of dual criminality and provides evidence that the judicial procedure (or enforcement of the sentence) is lawful.
Local police or immigration authorities in the UAE may detain a person if they have information about an Interpol red notice or a direct official request from Ireland. An identity check and grounds for arrest are conducted.
After detention, the suspect is placed in custody for the period of the initial criminal investigation until additional information is received from Ireland. For extradition cases, UAE law provides strict conditions of detention to eliminate the possibility of escape. However, the defence may attempt to petition for release on bail.
If the court’s decision does not satisfy the detainee, an appeal to a higher instance is available. After the court ruling on extradition, the decision is sent to the authorised state body, where it can be either finally approved or overturned (if additional information emerges). The detainee is transported to Ireland, where they will face further legal proceedings (if it concerns an investigation) or serve their sentence (if a verdict has been issued).
What crimes can lead to extradition to the UAE?
Extradition to the United Arab Emirates is associated with serious crimes. However, in practice, the list of violations that could lead to extradition to the Emirates is significantly broader and even includes acts that are considered minor in a number of countries.
Like any other state, the UAE requests extradition in cases of suspicions or convictions related to serious offences:
- Terrorist acts or participation in extremist organisations: the country strictly prosecutes any activity that may threaten national security or public stability;
- Drug trafficking: UAE laws are extremely strict regarding drugs; for trading or transporting prohibited substances, significant sentences may be imposed, up to life imprisonment or the death penalty;
- Serious violent crimes: such cases almost certainly lead to extradition requests. That includes crimes like operating organised crime gangs or other acts that pose serious global threats.
The United Arab Emirates is known as a financial centre concentrating large flows of capital. Consequently, the country pays special attention to combating economic offences:
- Fraud and embezzlement. Cases related to money laundering can formally be prosecuted in the UAE through extradition and have serious legal consequences. Large-scale fraud (including banking, insurance schemes, real estate scams) is another common reason for extradition requests;
- Non-payment of significant debts. Under UAE laws, large-scale debt to a bank or another creditor can be interpreted as a criminal offence.
In case of questions or the threat of extradition to the UAE, we recommend securing legal support from experienced legal professionals. Our company provides comprehensive assistance in document preparation, interaction with courts, and the negotiation process between states.
The Role of the Irish Ministry of Justice in Extradition
In Ireland, extradition is regulated by a set of national laws and international treaties. However, the key role in coordinating and managing extradition processes is played by the Department of Justice.
The Ministry of Justice (together with the Ministry of Foreign Affairs) is responsible for the overall coordination and interaction with foreign states when an extradition request is received or when Ireland’s requests to other countries are being processed.
The Ministry of Justice provides recommendations on legal and procedural matters to other bodies. It analyses the request’s compliance with formal extradition treaties and international standards (the presence of an arrest warrant, a conviction, confirmation of dual criminality and absence of political motivation). During the consideration of the case, the Department of Justice may provide additional consultative support, collect and transfer additional information to the court, or contact the requesting state to address gaps in the documentation.
The final decision to extradite is always made by the court on a case-by-case basis. The Ministry of Justice does not replace judicial procedures but coordinates the submission of the request, interacts with foreign colleagues regarding guarantees, documents, etc. When an arrest is required based on a request, it is the police who carry out the detention.
The Ministry of Justice can act as an intermediary, providing information about the existence of a warrant and the terms of detention. In the diplomatic discussions related to a request, the Foreign Ministry is responsible for the initial verification of authenticity, but the Ministry of Justice assesses the grounds for carrying out the extradition.
Can Extradition from Ireland to the UAE Be Avoided?
With proper defence and actual facts indicating a violation of rights or non-compliance of the request with legal norms, extradition can quite feasibly be contested on the following grounds:
- The absence of double criminality. If the act is not recognised as a criminal offence in both jurisdictions, the court has the right to refuse extradition;
- The political nature of the persecution. If the defence proves that the accusation is a political offence or the request from the UAE is connected with the restriction of human rights activities, affiliation with a certain political group, opposition force, etc., the Irish court may refuse extradition.
- Violation of human rights. If there is a risk to believe that in the UAE a person may be subjected to torture, inhuman treatment, will not receive a fair trial, or may face the death penalty, extradition will be refused;
- Statute of limitations. If in Ireland the statute of limitations for this crime has already expired, but in the UAE, the request is made for a case where the national statute is still valid, the court may refuse extradition, as under local law, prosecution is no longer relevant;
- Non bis in idem. If a person has already been convicted or acquitted for the same act in Irish jurisdiction or elsewhere, extradition is impossible.
In Ireland, extradition cases are considered in the High Court. The defence and the prosecution representing the interests of the UAE present evidence and legal arguments. The defence may file a motion to refuse extradition on any of the mentioned grounds. In many cases, an individual may attempt to apply for bail before the court’s decision is made if they can prove there is no risk of flight.
The court evaluates the materials and issues a ruling: to satisfy the UAE’s request or to refuse extradition. In Ireland, such a decision can then be appealed in the Court of Appeal if there are sufficient grounds for appeal.
If the court has approved the extradition, the case is sent for confirmation to the authorised minister, who can officially approve the extradition. If this stage is also completed, only the procedure of transferring the person from the Irish police to the representatives of the UAE remains.
Schedule a consultation with an extradition lawyer in Dubai
During the initial consultation, our experts will carefully examine the circumstances of the case and check whether there are formal or factual grounds for extradition requests. We analyse whether it is realistically possible to challenge the request and which arguments may play a decisive role.
If a person has already been detained in Dubai on an extradition request, we are ready to represent your interests immediately. If necessary, we prepare a petition for release on bail and conduct negotiations with law enforcement and judicial authorities. We organise the collection and translation of documents confirming the absence of grounds for extradition, analyse verdicts and arrest warrants, and check the legality of the request, the presence of political motivation, or non-compliance with human rights standards.
Our lawyers are not only familiar with bilateral treaties that facilitate extradition and mutual legal assistance but also understand the specifics of the UAE legal system. We take into account the nuances of Islamic law that may affect the course of an extradition case. Our specialists adopt a personalised approach for each case, explaining all steps and possible scenarios to the client.
Extradition cases require prompt action, as often time is of the essence, measured in days or even hours. We immediately begin the defence, without disclosing details to third parties and strictly observing professional confidentiality.
Contact us right now for an initial consultation and the development of an effective strategy to protect your interests. Our team has the necessary experience and resources to help minimise potential legal risks, build a reliable defence, and maintain freedom of movement. We are ready to act immediately, ensuring full compliance with the rights and lawful interests of clients throughout the legal process.
