Introduction

Extradition in UAE is governed by a well-defined legal framework that represents both domestic priorities and international obligations. The legal basis of extradition in UAE is Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters, as amended by Federal Decree-Law No. 38 of 2023.

These laws establish the legal basis for cooperation between UAE and other countries in criminal matters, including extradition. In addition, UAE relies on provisions of the Criminal Procedure Law and multiple bilateral and multilateral treaties.

Scope of Extradition

The extradition in UAE extends to individuals who are either accused of committing a crime or already convicted and required to serve a sentence. The purpose of extradition is not limited to punishment; it also facilitates investigation and prosecution.

In practical terms, extradition applies to serious criminal offences that have cross-border implications. It ensures that individuals cannot evade justice simply by moving from one jurisdiction to another. However, UAE carefully limits this scope to prevent misuse, ensuring that extradition serves legitimate legal purposes.

Conditions for Extradition

Extradition in the UAE is not automatic; it is subject to specific legal conditions designed to ensure fairness and consistency.

  1. Dual criminality: One of the most important requirements is dual criminality, meaning that the act in question must be considered a crime in both UAE and the requesting country. This prevents individuals from being extradited for acts that are not recognized as offences under UAE law.
  2. Seriousness of the offence: Another condition relates to the seriousness of the offence. Generally, extradition is allowed only for crimes punishable by a minimum threshold of imprisonment. This ensures that the process is reserved for significant offences rather than minor violations.
  3. Non-Political Offenses: The law prohibits extradition for political offences, and the requested state has the discretion to refuse extradition if the crime is deemed political in nature.

Grounds for Extradition

For extradition to be granted, there must be a valid legal basis supporting the request. Typically, this includes:

  1. The existence of a criminal charge or conviction in the requesting state
  2. A judicial order, such as an arrest warrant or final judgment
  3. Sufficient details outlining the facts and legal provisions of the offence

These grounds ensure that extradition requests are not arbitrary but are supported by proper legal authority. UAE authorities carefully review these elements to confirm that the request is genuine and legally justified.

Bases for the Denial of Extradition

While UAE supports international cooperation, it also recognizes situations where extradition must be refused.

  1. Nationality: UAE nationals are generally not extradited; instead, they may be prosecuted within UAE if necessary.
  2. Political offences: Extradition is also denied in cases involving political offences, reflecting a long-standing principle in international law. However, serious crimes such as terrorism are excluded from this protection.
  3. UAE courts having jurisdiction: Another important basis for denial arises when UAE courts have jurisdiction over the matter. In such cases, UAE may choose to handle the proceedings domestically.

Requests may further be rejected if they fail to meet legal requirements, lack sufficient evidence, or conflict with public order or fundamental principles of justice.

Rights of the Extradited Person

UAE legal system places significant emphasis on protecting the rights of individuals subject to extradition.

An individual has the right to:

  1. Be informed of the extradition request
  2. Be represented by legal counsel
  3. Challenge the extradition before the courts
  4. Appeal against judicial decisions

These safeguards ensure that extradition is not carried out arbitrarily. The process must respect due process, allowing the individual a fair opportunity to present their case.

Extradition Procedures

The extradition process in UAE follows an organised and multi-stage procedure.

  1. Submission of Request: It begins with the submission of a request through diplomatic channels, accompanied by all required documents. The Public Prosecution then conducts a preliminary review and may order provisional arrest if necessary.
  2. Judicial Review: The matter is subsequently referred to the competent court, which examines whether the legal conditions for extradition are satisfied. This stage is crucial, as it introduces judicial oversight into the process.
  3. Proceedings of Court: Following the court’s decision, the individual has the right to appeal. Even after judicial approval, extradition requires final authorization from the executive authority, ensuring a balance between legal and governmental considerations.
  4. Surrender: After all these steps are completed, the individual is surrendered to the requesting state.

Transit of Individuals

In addition to extradition, UAE law also regulates the transit of individuals through its territory. This situation arises when a person is being extradited from one country to another and must pass through UAE.

Transit is permitted subject to official approval, provided that:

  1. The offence meets extradition criteria under UAE law
  2. There are no legal or security concerns

Conclusion

Extradition in UAE represents a careful balance between international cooperation and domestic legal safeguards. Through its comprehensive legal framework, UAE ensures that individuals cannot escape accountability by crossing borders, while also protecting fundamental rights and national interests.

Our team at Ayesha Al Dhaheri Advocates and Legal Consultants provides expert legal advice across a wide range of practice areas. If you have any queries related to this topic, please feel free to contact us.