HomeInternational extradition
International extradition has become one of the key tools for state cooperation in combating crime, but at the same time, it is one of the most dangerous risk zones for a person under suspicion. A single request from abroad can result in arrest, travel restrictions, and loss of reputation, even if the accusations are unfounded. In such cases, there are no trivial details: an error in documents, a missed deadline, or a weak defense position can be extremely costly. Therefore, if you are faced with an international request or an Interpol notification, you must act immediately and with professional legal support.
What is international extradition?
International extradition is a legal mechanism through which one state transfers to another a person accused or convicted of a crime for prosecution or execution of a sentence. This institution forms the basis of international cooperation in the field of justice and has become an integral part of the global security system.
However, extradition is not just a formal transfer. It is a complex procedure where the interests of states, norms of international law, and human rights intersect, making it one of the most sensitive areas of legal practice.
The main goal of extradition is to ensure the inevitability of punishment. States should not become a “haven” for individuals evading justice. Through the mechanism of extradition:
- Criminals return to the country where they must be held accountable;
- The use of borders as a tool for evading the law is prevented;
- Trust is being strengthened between countries and judicial systems;
- Protection of law and order and international security is ensured.
At the same time, extradition also serves a humanitarian function. International treaties and national laws limit the possibility of extradition if a person is threatened with torture, political persecution, or unfair treatment.
Understanding extradition laws in the UAE
Extradition in the United Arab Emirates is a complex legal process that combines the norms of domestic legislation, international treaties, and Interpol mechanisms. The UAE’s legal system in this area is based on three fundamental foundations: national legislation, bilateral and multilateral agreements, as well as international mechanisms of legal cooperation. It is the interaction of these three levels that forms a flexible yet strict system, where each extradition is considered on an individual basis.
Legal basis: Federal Law No. 39 of 2006
The main source of national regulation of extradition in the UAE is Federal Law No. 39 of 2006, which defines the procedures, conditions, and processes for the surrender of individuals to other states. This law was adopted with the aim of establishing a transparent mechanism for interaction between the judicial system of the Emirates and foreign justice authorities, while ensuring the protection of the rights of the accused.
The law covers all key stages of the extradition process:
- Receipt of an official request for extradition through diplomatic channels;
- Preliminary review of the request by the Ministry of Justice of the UAE;
- Verification by the court (usually the court of first instance of the emirate where the person is detained);
- The final decision by the Minister of Justice, who may approve or reject the issuance.
Particular attention is paid by the law to the grounds for refusal of extradition. In accordance with the articles of the law, extradition is impossible if:
- The crime has a political nature;
- A person may be subjected to torture, the death penalty, or inhuman treatment;
- The request is related to discriminatory motives (based on racial, national, religious, or other grounds);
- The statute of limitations for prosecution has expired;
- The act is not a crime under the laws of the UAE (principle of double criminality).
The law also provides for the possibility of temporarily detaining a person until official documents are received if there is a risk of flight. However, it is required that the request be confirmed through diplomatic channels within 30 days.
Bilateral and multilateral agreements of the UAE
The extradition system of the United Arab Emirates is based not only on domestic legislation but also on a wide network of international agreements that define the rules of interaction with other states. These agreements establish mutual obligations of countries, regulate the procedure for requests, timelines, the list of crimes for which extradition is possible, and guarantees of human rights during its execution.
The presence of an agreement significantly simplifies the process. If there is an active agreement between the UAE and a specific state, the extradition request is considered on a priority basis and in accordance with the established bilateral norms. In this case, the provisions of the agreement take precedence over the general norms of Federal Law No. 39 of 2006. In such cases, the courts of the Emirates are guided not only by domestic law but also by the obligations recorded in international agreements.
The UAE is actively expanding its network of extradition treaties, aiming to strengthen international cooperation in combating crime and terrorism financing. The country has extradition agreements with a number of key partners both at the regional and global levels:
- India
- United Kingdom
- France
- Italy
- Spain
- China
- Russia
- South Africa
- Kazakhstan
- Azerbaijan
- Turkey
- Egypt
- Pakistan
- Ukraine
- Australia
- Brazil
- South Korea
- Poland
- Cyprus
- Tajikistan
In addition, the UAE participates in multilateral conventions, including the Arab Convention on Extradition (1983), the UN Convention against Transnational Organized Crime (2000), and the UN Convention against Corruption (2003). These documents establish universal standards regulating the interaction of countries in the search for and extradition of individuals hiding abroad.
The role of Interpol and red notices in Dubai
A special place in extradition cases is occupied by Interpol notifications, which often become the first step towards the detention of a person on the territory of the UAE. It is important to understand that a Red Notice does not have the legal force of an international arrest warrant. It is an informational request sent to the law enforcement agencies of Interpol member countries to establish the whereabouts and temporarily detain a person wanted under a warrant from one of the countries.
In practice, in the UAE, the system works as follows:
- When passing passport control, the individual’s data is automatically checked against the Interpol database.
- If a match is confirmed, the police may temporarily detain the person until the circumstances are clarified.
- After that, the local authorities notify the National Central Bureau, which is located in Abu Dhabi.
- The NCB requests official confirmation from the state that initiated the notification and analyzes the legal basis for the search.
Important: the mere presence of a red notice is not grounds for extradition. It only initiates the verification procedure, after which the UAE decides whether to recognize the notice as valid and whether it complies with local and international law. If the request is deemed unlawful, a lawyer can file a petition for its removal through the CCF Commission.
Conditions for extradition from the UAE
Let us consider the key legal grounds without which the extradition of a person to a foreign state is impossible.
- Double Criminality. The first and most important condition is that the act must be considered a crime in both countries: in the requesting state and in the UAE. If a specific action is not criminally punishable under the laws of the Emirates, extradition is impossible. This principle protects against unlawful prosecution and ensures that the UAE will not become a tool for political pressure or personal revenge.
- The minimum severity of punishment. The law requires that the alleged crime entails imprisonment for a term of at least one year. If extradition is requested for the execution of a sentence, the remaining term of punishment must be at least six months.
- Sufficiency of evidence. The UAE requires the requesting state to provide a complete package of documents justifying the request. This includes an arrest warrant or a copy of the verdict, a description of the facts of the case, and the legal qualification of the crime, as well as evidence confirming the individual’s involvement in the crime (testimonies, financial data, investigative reports, etc.).
- The absence of political motivation. Extradition is impossible if the crime has a political nature or if the request is motivated by political, racial, religious, or national reasons.
- Guarantees of a fair trial. Extradition is impossible if there is a risk that after extradition the person may be subjected to torture, degrading treatment, an unfair trial, or the death penalty without a guarantee of its replacement with life imprisonment.
- The principle of ne bis in idem. If a person has already been convicted or acquitted for the same crime in any country, extradition is impossible. This principle protects against double jeopardy and guarantees the finality of a judicial decision.
- Statute of limitations. If the statute of limitations established by law has expired since the commission of the crime, the extradition request is denied. The time limits are determined in accordance with the legislation of the UAE and the requesting country, with the court choosing the option more favorable for the accused.
- The absence of UAE citizenship. The Emirates do not extradite their citizens. If a person holds UAE citizenship, an extradition request is automatically rejected. However, the authorities may initiate a criminal case within the country at the national level if the evidence of the crime is compelling.
- Contractual basis. The UAE considers extradition requests only if there is an active extradition agreement between the countries, or in its absence, on the condition of reciprocity, when the other party has previously fulfilled similar requests from the Emirates.
The procedure of extradition in the UAE
Extradition to the UAE is a multi-stage legal process involving several government bodies, including the Ministry of Justice, the Prosecutor’s Office, the courts, and the National Central Bureau of Interpol. Contrary to popular belief, extradition does not occur automatically: each request undergoes a strict legal review to ensure it complies with national legislation, international treaties, and principles of human rights protection.
Step 1. Receipt of an extradition request
The process begins with an official request sent through diplomatic channels to the Ministry of Foreign Affairs or the Ministry of Justice of the UAE. The request may come from a foreign government, through an embassy, or via Interpol in the form of a Red Notice. The request must include the details of the person to be extradited, a description of the committed crime, its qualification under the laws of the requesting country; a copy of the arrest warrant or sentence, as well as evidence confirming the person’s involvement in the crime. Without these documents, the request is considered incomplete and cannot be accepted for review.
Step 2. Initial review by the Ministry of Justice
After receiving the request, the Ministry of Justice conducts a preliminary analysis to ensure it complies with the requirements of the Federal Law and existing agreements. At this stage, the presence of an extradition treaty or the principle of reciprocity, the legal basis for extradition, adherence to the principle of dual criminality, and the presence of political or humanitarian risks are examined. If the request does not meet the established criteria, it may be rejected even before reaching court.
Step 3. Temporary detention and transfer to the prosecutor’s office
If the person in respect of whom the request was received is located in the territory of the UAE, the prosecution may issue a warrant for temporary detention.
Such detention is possible even before receiving the full set of documents if there is a Red Notice or another international alert for a search. After the arrest, the person is informed of the reasons for the detention and has the right to an attorney (including an international defender), a translator, as well as communication with their country’s consulate. Then, the prosecution submits the case to court to consider the legality of extradition.
Step 4. Judicial review
This is a key stage of the process. The court examines the presence of legal grounds for extradition, the reliability of the evidence presented, and the compliance of the request with international and national standards. During the hearings, the defense attorney may challenge the legal qualification of the act, prove the political nature of the prosecution, or present medical or humanitarian arguments (for example, threats to life, illness, family in the UAE). If the court finds the request justified, it forwards its conclusion to the Minister of Justice for a final decision.
Step 5. Decision of the Minister of Justice
After the judicial stage, the final decision is made by the Minister of Justice of the UAE, acting in accordance with the court’s conclusion. The Minister may:
- Approve extradition if all conditions are met;
- Refuse if there are humanitarian or political grounds;
- Postpone execution if the person is undergoing a process in the UAE on another case.
It is precisely at the ministerial level that the formal process is completed and the implementation of the decision begins.
Step 6. Appeal and Defense
The law provides the opportunity to appeal a court decision. A lawyer can file an appeal within the established timeframe, presenting new evidence or pointing out procedural errors. In practice, appellate courts often review the decisions of the first instance, especially in cases where risks of human rights violations are proven.
Step 7. Transfer of authority and execution of the decision
After the decision comes into force, the Ministry of Justice notifies the requesting country. Extradition is carried out under the supervision of law enforcement agencies and in accordance with international standards for the treatment of detainees. The transfer may be postponed if the person is serving a sentence in the UAE, is under investigation for another crime, or if there is a risk to their life or health.
Step 8. Possibility of refusal and alternatives
Even with a contract and evidence, the court or minister may refuse extradition if the act is of a political or military nature, there is a risk of torture or the death penalty, or the crime was committed on the territory of the UAE. In such cases, the Emirati authorities may offer an alternative – transferring case materials for an internal investigation in the UAE with the consent of the requesting country.
Legal support in challenging extradition
The extradition procedure is one of the most stressful and legally complex processes a person can face abroad. A mistake at any stage can lead to the loss of freedom and the inability to defend oneself in the court of another country. That is why professional legal assistance in challenging extradition is crucial.
Our lawyers assist clients at all stages: from the moment of detention and request verification to the final decision of the Ministry of Justice. We not only represent the client’s interests in court but also develop a defense strategy taking into account international treaties, UAE obligations, and Interpol practices.
Extradition cases require high qualifications and deep knowledge of international law. A professional lawyer performs several key functions:
- Verification of the legality of the arrest. The lawyer assesses whether all procedural norms were observed during the detention and notification of the request.
- Analysis of documents and evidence. The lawyer verifies the authenticity and compliance of the materials received from the requesting country with the requirements of Federal Law No. 39.
- Preparation of objections against extradition. Legal arguments are formed based on grounds for refusal: the political nature of the case, the risk of torture, the expiration of the statute of limitations, and others.
- Defense at court hearings. Representation of the client’s position in court and interaction with the prosecution and judges.
- Control of humanitarian aspects. If necessary, the lawyer seeks medical examination, improvement of detention conditions, and contact with the consulate.
We provide a full range of legal support, including:
- Analysis of the extradition request and consultation on legal strategy;
- Interaction with the Prosecutor’s Office and the Ministry of Justice of the UAE;
- Preparation of objections and representation of the client’s interests in court;
- Communication with the consulate and foreign lawyers;
- Support for cases related to Interpol notifications;
- Assistance in gathering evidence of humanitarian and legal grounds for refusal of extradition.
If you or your loved one are facing the threat of extradition, do not wait until the last moment. Contact our lawyers as soon as possible to receive a detailed analysis of the situation, develop a defense strategy, and protect your rights in accordance with international standards. Get in touch with us for a consultation, and we will help preserve your freedom and reputation.
