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Non-Extradition Countries with the UAE

Each year, an increasing number of expatriates are drawn to the UAE due to its tax-free income, pleasant year-round climate, and luxurious living standards. While the Emirates are often perceived as a relatively peaceful and moderate Islamic nation, there are occasional reports of racism and political persecution within the country.

Although the UAE does not have formal extradition agreements with countries like the USA, Canada, the UK, and EU nations, it retains the authority to handle extradition requests on a case-by-case basis, exercising discretion in each situation.

What is Extradition?

Extradition refers to the legal procedure through which a person accused or convicted of a crime is transferred from one country to another to face criminal charges or serve a sentence. This process plays a crucial role in fostering international cooperation to combat crime, ensuring that individuals cannot escape justice by crossing borders.

The UAE is an active participant in global extradition efforts, following both its own laws and international treaties. The main law governing extradition in the UAE is Federal Law No. 39 of 2006, titled “International Judicial Assistance in Criminal Matters.”

Extradition requests can be submitted through diplomatic channels or by utilizing Interpol’s network. If the request meets the necessary criteria, UAE authorities can detain the individual while awaiting a decision. The court assesses whether the request is lawful and justifiable, ensuring it aligns with the required extradition conditions. A final decision is made by the appropriate authorities on whether the extradition will be granted. If approved, the individual is handed over to the requesting country in accordance with the established procedures.

List of Non-Extradition Countries with the UAE

Countries Without Extradition Agreements with the UAE

The United Arab Emirates does not have formal extradition agreements with several countries across the globe. Some of the nations on this list include:

  1. Ukraine;
  2. Syria;
  3. Algeria;
  4. Morocco;
  5. Argentina;
  6. Colombia;
  7. Cuba;
  8. Kyrgyzstan;
  9. South Korea;
  10. Japan;
  11. USA;
  12. Philippines;
  13. Germany;
  14. France;
  15. Spain;
  16. Portugal.

While this list highlights many of the countries without an official extradition treaty with the UAE, it is important to note that the lack of a formal agreement does not necessarily mean that extradition is impossible. In some cases, the UAE has specific arrangements with certain nations. For instance, the UAE and India have a memorandum of understanding in place that facilitates cooperation in the extradition of criminals, even without a formal treaty. Similarly, the UAE and Pakistan often rely on diplomatic channels and the principle of reciprocity to handle extradition requests, particularly in cases involving serious offenses.

Reasons for the Lack of Extradition Agreements

Some nations opt not to establish extradition agreements with others to maintain their sovereignty and avoid external influence. Extradition is often perceived as a form of external interference, and countries may be reluctant to surrender their citizens to foreign jurisdictions for fear of losing control over their legal processes. Additionally, some countries resist extradition to protect their political stances or national interests.

The absence of an extradition treaty can also affect the diplomatic relationship between two countries. To avoid potential tensions or conflicting interests, some nations choose to stay neutral and refrain from entering into such agreements.

The legal system in the UAE, which incorporates Sharia law, differs significantly from the legal frameworks of many other countries. As a result, countries with legal systems that conflict with the UAE’s are often hesitant to engage in extradition agreements to prevent the risk of individuals being subjected to legal proceedings they deem unfair.

Furthermore, many countries refuse to participate in extradition when the requesting country enforces the death penalty. Since the UAE imposes capital punishment for certain crimes, this can be a key reason why other countries decline to sign extradition agreements.

How to Address Extradition Concerns in Dubai

If you or a family member is facing potential extradition in Dubai or any other Emirate, it is vital to consult with a skilled attorney as soon as possible. An experienced lawyer will evaluate the legal basis for the extradition request and determine whether it aligns with both international law and UAE regulations.

It is important to carefully examine the risks involved in extradition and identify any legal reasons that could be used to oppose the request. These reasons could include the political nature of the alleged crime, the risk of torture or inhumane treatment, or concerns about receiving a fair trial in the requesting country.

A critical part of challenging an extradition involves compiling evidence and documents to substantiate your case, especially if human rights violations are a concern. Once this evidence is gathered, your lawyer will file an objection to the extradition in court. The court will review the merits of the case and decide whether the extradition request is justified.

If the court rules in favor of the extradition, there may still be an opportunity to appeal the decision. This stage requires the expertise of a skilled lawyer to prepare a strong appeal and present reasons why the extradition should be blocked.

Get in touch with our legal team for an initial consultation to understand your options and how we can help safeguard your rights.

Dr. Anatoliy Yarovyi
Senior Partner
Anatoliy Yarovyi is a doctor of Law, holds a Master’s degree in Law from Lviv University and Stanford University. He was one of the candidates for a judgeship at the European Court of Human Rights (ECHR). Specializes in representing clients’ interests at the ECHR and Interpol in matters concerning extradition, personal and business reputation, data protection, and freedom of movement.

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    FAQ

    How should I respond if facing extradition from the UAE?

    Immediately consult an experienced attorney to evaluate the extradition request and identify potential legal grounds to challenge it.

    What are the potential risks of residing in a non-extradition country?

    Residing in a non-extradition country may still expose you to risks such as diplomatic negotiations, deportation, or extradition through informal agreements, especially for serious offenses.

    Is there an extradition treaty between Dubai and the USA?

    No, the UAE does not have a formal extradition treaty with the USA, but extradition requests may still be handled on a case-by-case basis.

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