Extradition between Dubai and the USA

Double Criminality. The act for which the person is being sought must be recognized as a criminal offense in both jurisdictions with a penalty of at least 1 year of imprisonment. If the act is not subject to criminal liability in the United States or Dubai, extradition will be impossible.

Non bis in idem. A person cannot be extradited if they have already been acquitted or convicted (and served the sentence) for the same acts in one of the jurisdictions. If the person was convicted but later pardoned or granted amnesty for the same charge, extradition is also excluded.

Prohibition on extradition for political crimes. Extradition is impossible for politically motivated prosecutions (participation in protests, opposition activities, criticism of authorities, etc.). Terrorist activities or other acts recognized as serious under international law are not considered “political” and may serve as grounds for extradition.

Protection of human rights. Extradition must comply with international standards in the field of human rights. If there is a serious threat of the death penalty, torture, or inhuman treatment, the party may refuse extradition if the other jurisdiction does not provide proper guarantees (e.g., non-application of the death penalty).

Temporary Surrender. If a person is being held accountable both in the country where they are located and in the requesting state, a temporary surrender may be agreed upon for trial or investigative actions, followed by their return back.

Every person facing extradition has the right to professional legal defense from attorneys:

Without proper protection, a person may be extradited through an expedited procedure waiver of extradition, even if the request is illegal or politically motivated. Lawyers can challenge extradition by citing various legal grounds.

Extradition cannot be approved automatically — the process must go through the judicial system, as every person has the right to a fair trial: a case review by an independent court with the opportunity to defend their interests, access to case materials, the ability to challenge the evidence presented by the prosecution, and the right to an interpreter.

A person detained on the basis of an extradition request cannot be held in custody for an indefinite period. In most countries, detention while awaiting extradition cannot last more than 60 days without a court decision. Authorities are obliged to consider measures of restraint rather than automatically keeping the suspect in prison.

The agreement also contains a provision stating that extradition is prohibited if the case is of a political nature. Political persecution refers to cases where a person is persecuted for their political views rather than for an actual crime; where charges are clearly fabricated to pressure the individual; where extradition threatens the person’s life or safety due to their political activities.

A person may appeal the decision on extradition in higher courts. In some countries, the final decision rests with the executive authority, which provides additional opportunities for defense. A complaint can be filed with international bodies (ECHR, UN) in case of human rights violations.

Extradition is not a sentence but a complex legal process in which everyone has the right to defense. Experienced attorneys will help challenge extradition in court, present evidence of the request’s illegitimacy, secure release on bail, protect against unlawful detention, and file complaints with international bodies if the client’s rights are violated. Our company is ready to provide comprehensive legal support, ensure the protection of clients’ rights and freedoms. Your safety and fairness in legal proceedings are our priority!

The extradition procedure is closely linked to international extradition treaties, which establish the legal framework and define the conditions under which one state surrenders a wanted person to another.

Such agreements are signed between two states, establish a list of extraditable crimes, as well as procedures and timeframes for reviewing requests. They often contain provisions on not extraditing their own citizens, prohibition of extradition for political crimes, etc.

Bilateral treaties create legal guarantees and mechanisms that allow one country to rely on the extradition of wanted persons, provided all conditions are met. The existence of a treaty simplifies interaction between competent authorities, reducing the time for negotiations and verification of the legitimacy of the request.

Multilateral agreements form a common legal basis and principles, reducing bureaucratic barriers. One convention can unite dozens of countries, which simplifies searches across a large number of jurisdictions.

States bound by extradition agreements are more willing to exchange information through diplomatic channels, Interpol, or direct contacts between law enforcement agencies. Clear provisions of the treaties eliminate the need for lengthy diplomatic negotiations for each specific extradition. Established deadlines encourage the prompt consideration of the case.

The principles enshrined in agreements prevent attempts to use extradition as a tool of political pressure. Mechanisms for appeal and legal proceedings within the country receiving the request allow for verification of the legitimacy of the accusation.

If you or your loved ones are facing the threat of extradition, it is important to secure legal support from experienced specialists as quickly as possible. Attorneys will help determine whether an arrest warrant has been issued against the client in the USA, whether there is a Notice or another search document that could lead to detention in the UAE. If such documents are identified, lawyers will assess the risks of immediate arrest or further extradition.

Experienced attorneys will compare the content of the charges or sentence in the USA with the norms of UAE legislation to determine whether the principle of dual criminality is observed and if there are other grounds for refusal of extradition.

Already at the consultation stage, extradition specialists will determine the overall defense strategy: what arguments can be made against extradition, how to interact with official authorities, what evidence needs to be collected.

During the period of preliminary detention, attorneys seek the most favorable conditions of confinement for the client and, if there are grounds, challenge its legality.

Lawyers handle the preparation of documents confirming the illegality or unreasonableness of the extradition request (contradiction to facts, expiration of the statute of limitations, risk of human rights violations, etc.). If necessary, experts, translators, and specialists from related fields are involved to strengthen the defense’s position.

Lawyers represent the client’s position, file motions for release from custody, challenge the evidence of the American side, and defend the principles of innocence if the accusation seems insufficiently substantiated.

If the first court decision is not in favor of the client, they have the right to appeal it to higher instances. Lawyers accompany the process at all levels, preparing appellate and classification complaints.