HomeExtradition from UAE to Pakistan
The extradition process between the United Arab Emirates and Pakistan represents a complex legal procedure permeated by norms of international law, bilateral agreements, and the domestic legislation of each country. Deep economic and migratory ties connecting the two states, where millions of Pakistani citizens live and work in the UAE, create a unique environment where commercial interests intersect with criminal law. This factor ensures a consistently high level of interest in mechanisms for the extradition of individuals suspected or convicted of committing crimes. Understanding the key aspects of this process, from legal grounds to potential risks and methods of defense, becomes critically important for those facing an extradition request.
The extradition of individuals between countries is not an automatic administrative act but a multi-stage process in which the judicial and executive authorities of the UAE carefully examine each request. They analyze the compliance of the charges with local legislation, verify the presence of sufficient evidence, and assess the risks of human rights violations. Any error in the documents submitted by the requesting party or the presence of substantial grounds for refusal can completely halt the procedure. This is why timely recourse to qualified legal assistance can fundamentally change the outcome of a case, protecting a person from unwarranted prosecution.
Bilateral extradition treaty between Pakistan and the UAE
The relations between Pakistan and the UAE in the field of extradition of criminals are regulated by a bilateral extradition treaty. This document establishes a formalized legal framework, replacing less predictable mechanisms based on principles of reciprocity and international courtesy. The treaty clearly defines the conditions under which extradition is possible, as well as lists inviolable grounds for refusal. Its main goal is to ensure effective international justice while preventing violations of fundamental human rights.
The central element of the agreement is the principle of double criminality. This means that the act for which extradition is requested must be recognized as a criminal offense under the laws of both countries — Pakistan and the UAE. If an act is considered a crime in Islamabad but legal in Dubai, the request will be denied. This principle serves as an important filter, preventing the use of the extradition mechanism for prosecuting acts that are not recognized as crimes in the requested country.
Another cornerstone of the agreement is the non-extradition of one’s own citizens. The UAE, like most countries in the world, does not extradite its nationals. If a citizen of the Emirates commits a crime on the territory of Pakistan and returns to their homeland, they will not be extradited. However, this does not guarantee impunity. UAE domestic legislation allows such individuals to be prosecuted in local courts for crimes committed abroad. A similar rule applies to Pakistani citizens.
The agreement does not contain an exhaustive list of specific crimes subject to extradition. Instead, a threshold criterion of punishment severity is applied. Extradition is possible if the crime is punishable by imprisonment for a term of at least one year under the legislation of both countries. In cases where extradition is requested for the enforcement of an already issued sentence, the remaining term of punishment must be at least six months. This approach ensures the flexibility of the system, allowing it to adapt to the emergence of new types of crimes, such as cybercrime or complex financial fraud.
Step-by-step extradition process: from red notice to minister’s decision
The extradition process in the UAE is not initiated spontaneously. It is usually preceded by declaring the person in international search through Interpol channels, in particular, the publication of a Red Notice. Although such a notice is not an international arrest warrant, for the UAE police it serves as sufficient grounds for detaining the person and initiating an internal verification procedure.
After the detention of a person based on Pakistan’s request, the further procedure is as follows:
- Notification and first steps. The detainee is brought to the prosecutor’s office, where they are officially informed of the reason for the arrest — a request for extradition from Pakistan. At this stage, it is extremely important to immediately exercise the right to an attorney. The prosecutor’s office reviews the submitted documents for their formal compliance with the requirements of the treaty and UAE legislation.
- Judicial review. The case is referred to the Court of Appeal of the respective emirate. It is the court, not the police or prosecution, that decides on the admissibility of extradition. During the hearings, the court verifies the presence of all necessary conditions: adherence to the principle of double criminality, sufficiency of evidence presented for prosecution, and absence of grounds for refusal. The defense has the right to present its arguments, challenge evidence, and claim violations of rights.
- The right to appeal. If the Court of Appeal issues a decision in favor of extradition, the defense has 30 days to appeal it in the Court of Cassation — the highest judicial authority in the UAE. The Court of Cassation does not review the factual circumstances of the case but verifies the correctness of the application of legal norms by the lower court.
- The final decision. Even if all judicial instances approve the extradition, the final word remains with the Minister of Justice of the UAE. He has discretionary powers and can refuse extradition if he considers it to contradict the sovereignty, security, or public order of the country. This is the last instance where the transfer of a person can be prevented.
The entire process can take from several months to a year or more, depending on the complexity of the case, the activity of the defense, and the completeness of the documents provided by the requesting party.
What could be the grounds for refusing extradition?
The contract and UAE legislation provide a number of mandatory and optional grounds for refusal of extradition. These provisions serve as legal guarantees protecting the individual from abuses by the international justice system. Their competent use is the foundation of a successful defense strategy.
The key reasons for refusal of issuance can be grouped as follows:
- Political motives. Extradition is not permitted if the crime is of a political nature. An attack on the head of state is not considered a political crime, but charges related to opposition activities may serve as grounds for refusal. The defense must prove that the true purpose of the prosecution is the person’s political views, not the fight against crime.
- Risk of human rights violations. The UAE will refuse extradition if there are serious grounds to believe that the requested person in Pakistan may be subjected to torture, cruel, inhuman, or degrading treatment. Refusal will also follow if there is a risk of persecution based on race, religion, nationality, or political beliefs.
- Capital punishment. If the crime for which extradition is requested is punishable by death in Pakistan, but such a punishment is not provided for a similar act in the UAE, extradition will be denied. An exception is possible only if the Pakistani side provides firm guarantees that the death sentence will not be imposed or carried out.
- Procedural violations. The extradition will not take place if the verdict in Pakistan was issued in absentia, and the convicted person did not have the opportunity to participate in the process and organize their defense. Another basis for refusal may be the expiration of the statute of limitations for criminal prosecution under UAE legislation.
These and other grounds are carefully analyzed by the courts. The task of an experienced lawyer is to find weak points in the extradition request and convincingly prove to the court the presence of at least one of the listed grounds for refusal.
The Role of Interpol and Financial Crimes
Interpol plays a key role in cross-border criminal prosecution, however, its tools are not flawless. “Red Notices” are often issued without prior verification of the validity of accusations, which creates a risk of abuse by certain countries. A person may remain on the wanted list for years without knowing it and face arrest when crossing the border.
In the context of UAE-Pakistan relations, financial crimes hold particular significance. Accusations of fraud, money laundering, tax evasion, and non-payment of debts often serve as grounds for extradition requests. It is important to remember that civil disputes, such as breach of contract, are not grounds for extradition. However, in the UAE, certain actions, such as issuing a bounced check, may be considered a criminal offense, which falls under the scope of the extradition agreement.
Statistics on specific extradition cases between the UAE and Pakistan are not always public, but legal practice shows that UAE courts take a meticulous approach to cases related to economic crimes. They require the requesting party to provide clear evidence of intent and the elements of the crime, rather than merely the existence of a commercial dispute.
Contact extradition lawyers in the UAE right now
A confrontation with the threat of extradition is a situation requiring immediate and professional action. From the moment of detention, every hour matters. Attempts to independently navigate the complexities of international law or relying on the hope that “the situation will resolve itself” can lead to fatal consequences. The lack of legal support at the initial stage deprives the detainee of the opportunity to competently build a defense strategy, document procedural violations, and promptly present counterarguments.
If you or your loved ones are facing the risk of extradition from the UAE to Pakistan, the primary task becomes reaching out to lawyers specializing specifically in extradition law. Only an experienced specialist can:
- Immediately get involved in the case, ensuring the protection of your rights from the first minutes after detention.
- Analyze the extradition request for compliance with the treaty and UAE legislation, identifying its weaknesses.
- Develop a comprehensive defense strategy based on identifying and proving grounds for refusal of issuance.
- Represent your interests in the prosecutor’s office, courts of all instances, and before the Minister of Justice, submitting the necessary motions and complaints.
- Challenge the red notice of Interpol through the Commission for the Control of Files (CCF), seeking its removal.
The extradition process is not a sentence but a legal contest in which you have the right to defense. Do not leave your future to chance. Contact our lawyers right now to receive an urgent consultation and develop an action plan. We have the necessary experience and knowledge to protect your interests in the most complex extradition cases between the UAE and Pakistan. Your timely appeal is the key step on the path to freedom.
