Extradition Treaty Between UAE and Germany

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.

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.

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:

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:

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:

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.

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 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.

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. 

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:

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.

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:

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:

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.