Extradition Treaty between the United Arab Emirates and Spain

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.

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.

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

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.

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

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.

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.

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.

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:

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.

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:

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.