HomeUAE Extradition Lawyers and Solicitors
In recent years, the issue of extradition to the UAE has been a hot topic in the media. If you encounter any legal problems in the United Arab Emirates, qualified extradition lawyers can assist you. Our Interpol law firm has extensive experience working with extradition requests, international arrest warrants, the removal of Interpol red notices and other legal nuances.
Extradition in the UAE
Extradition is the legal process by which one country transfers individuals to another country for criminal investigation or to serve sentences for crimes committed.
According to the UAE extradition law, the extradition of accused or convicted individuals for crimes in foreign countries is possible under certain conditions. These conditions include the existence of an extradition treaty between the UAE and the requesting country. Furthermore, the alleged crime must be considered criminally punishable in both the UAE and the requesting country.
The UAE has signed several extradition treaties with various countries to strengthen international cooperation in combating transnational crime, including the USA, the UK, India, and many other Arab and European nations.
Dubai extradition requests must meet the following requirements:
- The principle of dual criminality (the offence is considered a crime in both countries);
- For the crime committed in the requesting country, a punishment of imprisonment for a term of not less than 1 year is provided.
- The remaining sentence for the accused is no less than 6 months.
Over the years, the UAE has considered several high-profile extradition cases that have captured the attention of the international community and sparked debates. In particular, the extradition case of the Briton David Haigh, who was accused of financial crimes in Dubai, received widespread media coverage and raised concerns about legal procedures in the country.
To avoid legal issues in the UAE, it’s crucial to secure the support of a qualified lawyer. Contact us to receive professional advice and protect your rights.
Extradition Law in the UAE
Dubai Extradition laws are governed by Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters. The United Arab Emirates does not extradite its own citizens. Furthermore, extradition is prohibited for political crimes or if there is a risk of the death penalty, torture, or cruel treatment.
The UAE is a participant in numerous international treaties and agreements that govern extradition matters.
- Bilateral agreements: extradition treaties with various countries for criminal cooperation within the framework of international law;
- Multilateral agreements: international conventions on combating organised crime, such as the UN Convention against Transnational Organised Crime and the UN Convention against Corruption.
The Extradition Process in Dubai
Dubai extradition proceedings begin with the submission of an official extradition request through diplomatic channels to the UAE Ministry of Justice. The request must include details of the crime, evidence of guilt, and information about the sentence or charge.
The UAE Ministry of Justice is reviewing the request, checking its compliance with domestic legislation and international treaties. Particular attention is being paid to the principle of dual criminality.
The extradition request is submitted to a UAE court, where the presented evidence is examined. The court must determine whether the conditions for extradition comply with UAE laws and do not violate human rights.
The final decision on extradition is made by the UAE government. It can approve or reject the extradition even after court approval if there are reasons to protect the interests of the country or the individual.
Countries With no Extradition Treaty With the UAE
Due to differences in legal systems, political disagreements, or the absence of diplomatic relations, countries may not sign extradition treaties. The UAE does not have extradition agreements with the following countries:
- Afghanistan
- Algeria
- Armenia
- Belarus
- Iran
- Cambodia
- China
- Cuba
- Mexico
- Ethiopia
- Guinea-Bissau
- Indonesia
- Iran
- North Korea
- Laos
- Libya
- Russia
- Saudi Arabia
- Syria
- Turkmenistan
- Uzbekistan
- Ukraine
- Venezuela
- Yemen
- Zimbabwe
However, even in the absence of a formal agreement, the extradition proceedings can be initiated based on diplomatic understandings or other international agreements.
Extradition and Interpol Red Notice
A Red Notice is an international request for arrest that Interpol circulates to its member countries with the aim of temporarily detaining an individual. It is not an arrest warrant, but serves as a signal to law enforcement agencies to take action in detaining a person sought after abroad.
Following the issuance of a red notice, law enforcement agencies in the UAE can detain the individual. Detention under a red notice is the first step, but extradition requires an official request from the requesting country.
The country that initiated Interpol red notice, must submit an official extradition request to the UAE government. The request should include evidence supporting the crime and go through official channels. The UAE judicial authorities will review the request and decide whether the charges comply with local legislation and the UAE’s international obligations.
Grounds for Refusal of Extradition to the UAE
Extradition requests to the UAE could be rejected in the following situations:
- The person in question is a citizen of the UAE.
- The legislation of the UAE is applicable to the case.
- The crime has a political nature.
- The crime is related to military obligations.
- If the crime is based on ethnic, religious, national, or political biases;
- The individual has already been punished for the same crime in the UAE.
- The individual had previously been convicted and acquitted, or the sentence had been fully served.
- The sentence has expired or the criminal proceedings have been discontinued.
- There is a risk of the use of torture or inhumane treatment.
- Having refugee status or political asylum in the UAE.
Extradition requests require thorough analysis and knowledge of both international and national law. If you’re facing the threat of extradition to the UAE or need advice on this matter, please contact our lawyers for professional assistance and to protect your rights.
Removal of Red Notices in Dubai
Having an Interpol Red Notice limits a person’s freedom of movement, as crossing borders carries the risk of being detained. There’s also the risk of financial assets being frozen, denial of banking services, and numerous reputational issues. Fortunately, a Red Notice can be contested and removed on the following grounds:
- Political persecution;
- Violation of human rights;
- Religious, ethnic, or social discrimination;
- The presence of outdated or inaccurate information (charges were dropped, the case was closed, or the individual was acquitted);
- Violation of Interpol rules and procedures.
- Lack of evidence;
- Breach of the principle of Non bis in idem.
For removal of the red notification it is necessary to submit an official request to the Commission for the Control of Interpol’s Files. In the complaint, it is important to specify the grounds for the removal of the notice, providing all necessary evidence.
The CCF considers complaints regarding compliance with the Interpol charter and makes a decision on whether a notice can remain in the system or must be removed.
Our extradition lawyers are ready to assist with contesting and removing a red notice, protecting your rights at every stage of the process. Please contact us for professional advice.
How Dubai Extradition Lawyer Can Help?
Our solicitors specialise in criminal matters and possess extensive practical knowledge in the field of extradition law, UAE extradition treaties and Interpol notices. Thanks to years of experience, our Interpol Law Firm established close contacts with local lawyers in other jurisdictions, which allows for the acquisition of reliable information about the peculiarities of the criminal process.
We offer the following services:
- Initial assessment of the case, examination of the grounds for extradition, and review of the presented evidence;
- Legal advice regarding possible outcomes.
- Checking the legality of the request and its compliance with legislation;
- Development of a defence strategy;
- Representation at all stages of legal proceedings;
- Contesting and removal of Interpol’s red notice;
- Preparing and submitting appeals to higher judicial authorities;
- Cooperation with lawyers in the requesting country.
If you’re facing the threat of extradition in Dubai or need to contest Interpol Red Notice, contact our solicitors. We can assist even in the most complex situations and will offer the most effective solution to protect your rights and freedom.
