Extradition in the United Arab Emirates (UAE)

Legal framework for extradition in the UAE

The domestic framework for extradition in the UAE, since 2006, has been governed by Federal Law No. 39 of 2006 on Mutual Judicial Co-operation in Criminal Matters (the UAE Extradition Law), with some recent amendments having been made by Federal Decree Law No. 28 of 2023. This law stipulates the conditions under which an individual can be extradited both to and from the UAE.

The UAE Extradition Law allows UAE authorities to review extradition cases based solely on the formal procedures and conditions outlined in the request, regardless of the specific nature of the alleged crime.

In addition to this federal law, the UAE is a signatory to the Riyadh Arab Convention on Judicial Co-operation (1983), which is designed to foster legal cooperation among Arab nations. This agreement has been signed by numerous Arab countries, including Algeria, Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, and Tunisia.

The UAE has also entered into multiple bilateral judicial cooperation agreements with several countries. These agreements, with nations such as Australia, China, Egypt, France, India, Iran, Pakistan, Spain, the United Kingdom Kazakhstan and several others, supplement and further expand the UAE’s legal framework for extradition and mutual assistance in criminal matters.

INTERPOL, the International Criminal Police Organization, facilitates collaboration among police forces across its 196 member countries, enabling them to combat transnational crime effectively. For the UAE, being part of INTERPOL means that it has access to a vast network of resources and intelligence that can aid in the identification, tracking, and apprehension of individuals involved in criminal activities across borders.

The extradition procedure

The UAE’s extradition process involves a detailed judicial mechanism with five key stages, allowing individuals facing extradition to challenge the request.

Alert and extradition request

As a member country of INTERPOL, the UAE acts upon receiving an international notion such as a Red Notice, which serves as an alert leading to the initiation of extradition for the individual concerned, if they are located in the UAE. 
The process begins with the submission of the extradition request via diplomatic channels. The request must include certain details, including the individual’s identity, the offence they are being accused of, as well as the legal grounds for extradition. If the individual is a foreign national, this request will usually be viewed by the Ministry of Justice.

Review by UAE authorities

The authorities will assess whether the legal requirements are met by the extradition request, including whether the individual is a UAE national, whether the offence is extraditable, and whether the dual criminality principle^[1] may be applicable. The authorities involved are likely to include the UAE Interpol Authorities, the Ministry of Justice, the Ministry of Interior, and the Public Prosecution.

Review by the courts

If the request is deemed valid by the Public Prosecution and Ministry of Justice, the case will be referred to the UAE Courts, which will conduct a hearing to assess the extradition request. At this stage, the court will consider factors such as the fairness of the legal system of the Requesting State, potential breaches to the human rights of the individual upon being extradited, as well as formal and procedural requirements being met. Any decisions handed down by the Court of Appeal can be appealed first to the Court of Cassation, which is the UAE equivalent to the Supreme Court.

Final ruling

Once the judicial stage has been completed, a final decision should be handed down regarding the extradition by the Ministry of Justice. If the ruling is in favour of the extradition, the individual will be handed over to the requesting authorities through the appropriate channels.

Extraction and return

The individual will then be removed from the UAE and returned to the Requesting State to face prosecution locally. 

Conditions for extradition

The following conditions, laid out in Article 7 of the UAE Extradition Law, must be fulfilled, in order for the extradition request to be accepted:

• The crime for which extradition is sought must be punishable under the laws of the Requesting State by deprivation of liberty for at least a period of 1 year or by a more severe penalty.
• The act for which extradition is sought, if committed within the territory of the UAE, must constitute a crime that is punishable by deprivation of liberty for a period of at least 1 year or by a more severe penalty.
• Where the request for extradition relates to a person wanted for the execution of a sentence entailing deprivation of liberty awarded in connection with an offence for which extradition is sought, extradition shall be granted only if a period of at least 6 months remains to be served on the sentence. 

Grounds for extradition denial

Conversely, Article 9 of the UAE Extradition Law outlines various legal obstacles that may prevent the extradition: 

• Where the individual is a UAE citizen.
• Where the law of the UAE provides jurisdiction to the UAE authorities for the matter
• Where the crime is of a political nature (excluding acts of terrorism, war crimes, genocide, and crimes against the government).
• Where the offence is of a military character.
• Where the extradition is sought to persecute the individual on grounds of race, religion, nationality or political opinions.
• Where the individual is under investigation/prosecution in the UAE for the same crime.
• Where the individual has already been tried and acquitted or convicted for the offence.
• Where a final judgment has been passed down by the UAE Courts in respect of the same offence.
• Where the prosecution for the offence would be time-barred.
• Where the individual is at risk of being subjected to torture, inhumane treatment or an disproportionate penalty in the Requesting State. 

Other key aspects of UAE extradition law

Extradition treaties

If the UAE has entered into an extradition treaty with the country concerned, the specific terms laid out in such treaty will be respected by the UAE authorities throughout the extradition process. The terms will usually specify the types of crimes covered, any specific conditions for the extradition and any specific bars that could prevent the extradition between the countries.

Dual criminality principle

The UAE authorities respect, and give high regard to the dual criminality principle. This principle ensures that the UAE does not extradite individuals for actions that are not considered crimes in its own legal system.

Non-extradition of UAE nationals

The extradition of UAE nationals is explicitly prohibited under UAE law. This does not mean, however, that UAE nationals are exempt from prosecution for any crimes committed abroad. Instead, the UAE can initiate domestic proceedings for such individuals under its own laws.

Commercial and financial crimes

As a global financial hub, the UAE is dedicated to cooperating with international authorities in tackling cross-border financial crimes. This is why the UAE authorities provide particular attention and scrutiny to extradition cases involving financial crimes such as fraud and money laundering.

Human rights

The UAE is a signatory to several human rights conventions. If the extradition proceedings are subject to concerns of torture, the death penalty or an unfair trial, the UAE may refuse to extradite the individual on these grounds.

Conclusion

The extradition framework in the United Arab Emirates reflects a sophisticated balance between international cooperation and the protection of individual rights. Governed by Federal Law No. 39 of 2006, as amended by Federal Law No. 38 of 2023, and supplemented by various bilateral and multilateral treaties, the UAE's approach to extradition underscores its commitment to upholding justice while adhering to stringent legal standards.

The UAE's extradition process is characterised by a rigorous judicial mechanism, ensuring that requests are thoroughly evaluated at multiple levels. This comprehensive approach not only facilitates cooperation with international partners but also safeguards against potential human rights violations. The emphasis on conditions such as dual criminality and the non-extradition of UAE nationals further highlights the UAE's dedication to maintaining sovereignty and legal integrity.

^[1] This means that the individual, wanted for an offence in one country, must have also committed an offence under the laws of the country in which they are currently located for the extradition to be granted.