Introduction
The key legislation governing extradition and international judicial cooperation in the UAE is Federal Law No. 39 of 2006 (amended by Federal Decree-Law No. 38 of 2023). It deals with the surrender of wanted persons, judicial assistance in criminal matters and the transfer of convicted persons.
Under Article 2, the UAE may cooperate with other countries under international treaties or on the basis of reciprocity. Where the Law does not deal with a particular issue, Article 4 allows the UAE Criminal Procedures Law and other relevant legislation to apply.
Substantive Thresholds: Dual Criminality and Sentence Requirements
Article 6 of Federal Law No. 39 of 2006 provides for the extradition of accused or convicted persons to foreign judicial authorities for investigation, trial or enforcement of criminal sentences.
Article 7 provides for the conditions of extradition. The offense must be punishable in the requesting State by imprisonment for a period of not less than one year or by a more serious penalty. The conduct must also be an offense in the UAE, punishable by imprisonment for at least one year or a more severe penalty. Where extradition is sought for the purpose of enforcing a sentence, there should be at least six months of the sentence left to serve.
Article 7 also provides that differences in the name, description or legal elements of the offence between the two countries do not prevent extradition, provided that the conduct is punishable in both States.
Where an extradition request concerns more than one offence, Article 8 allows the request to be approved on the basis of one offence that satisfies the conditions and requirements of the Law.
The Procedural Architecture: From Provisional Arrest to Executive Surrender
Extradition proceedings may begin with the provisional detention of the requested person in urgent cases.
Under Article 15 of Federal Law No. 39 of 2006, as amended by Federal Decree-Law No. 38 of 2023, the Attorney-General or his delegate may order the detention of a requested person for up to 60 days where a foreign judicial authority has issued an arrest warrant and the extradition request has not yet been received. During this period, the requested person may be released subject to guarantees determined by the Attorney-General or his delegate.
Such release does not prevent the person from being arrested or detained again once the extradition request is received. Article 15 also allows arrest where there is a risk that the requested person may escape.
Formal extradition requests are governed by Article 11 of Federal Law No. 39 of 2006. The request must be submitted in writing through diplomatic channels and referred to the UAE Central Authority.
The request must include information identifying the requested person, including photographs where available, the relevant foreign legal provisions and penalties, an arrest warrant issued by the requesting State’s judicial authority, and a statement setting out the alleged acts and when and where they occurred. If the person has already been convicted, the request must include the judgment, the sentence imposed and evidence that the judgment is enforceable. All documents must be translated into Arabic and signed and stamped by the Central Authority of the requesting State.
According to Articles 16 and 17, the requested person may be arrested if there is a risk of escape, and must be brought before the Public Prosecution within 48 hours, informed about the extradition request and supporting evidence, and given the opportunity to have legal representation. Under Articles 18 to 20, the request is forwarded by the Public Prosecution to the competent court, which examines the case in a closed session and issues a reasoned decision on the legal admissibility of extradition.
Under Article 22, the extradition decision may be appealed to the competent Court of Appeal within 30 days. Article 24 states that no extradition can take place until the decision has become final and is no longer subject to appeal, and Article 26 also requires the Minister’s approval to be obtained before the surrender is effected.
Articles 13 and 14 also allow expedited surrender where the requested person gives written consent voluntarily and with full knowledge of its consequences.
Following extradition, Article 29 generally prevents the requesting State from prosecuting, punishing or surrendering the person to a third State for earlier offences other than those for which extradition was granted and related offences, subject to the exceptions provided by law.
Statutory Defences and Mandatory Grounds for Denial
Article 9 of Federal Law No. 39 of 2006 sets out the circumstances in which extradition must be refused. These include where the requested person is a UAE citizen, where UAE courts have jurisdiction over the offence, or where the offence is political or purely military in nature. Certain serious offences, including terrorism, war crimes and genocide, are excluded from the political offence exception.
Extradition must also be refused where there are substantial grounds to believe that the request is based on race, religion, nationality or political opinion, or where the requested person may face torture, inhuman or degrading treatment, a disproportionately severe sentence, or inadequate procedural guarantees.
Article 9 also prohibits extradition if the person is already under investigation or being tried in the UAE for the same offence, has already been acquitted or convicted and served the sentence, if there is a final UAE judgment for the offence, or where the prosecution or sentence is barred by limitation.
Under Article 10, extradition is generally deferred where the person is being investigated or tried in the UAE for a different offence until the domestic proceedings and any resulting sentence are completed.
Bilateral Treaties and Reciprocity
Federal Law No. 39 of 2006 is applied in conjunction with bilateral and multilateral treaties on extradition and international judicial cooperation. Also, the UAE is a party to regional and international instruments, such as the Riyadh Arab Agreement for Judicial Cooperation, the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption.
Where no applicable treaty exists, Article 2 allows international judicial cooperation on the basis of reciprocity. Extradition requests remain subject to the requirements and procedures of UAE law.
Conclusion
Extradition from the UAE is governed by a clear statutory framework under Federal Law No. 39 of 2006, as amended by Federal Decree-Law No. 38 of 2023. Before surrender can occur, a request must meet the legal requirements as to dual criminality, thresholds of sentences, documentation and procedural safeguards.
The law also provides specific grounds for refusing extradition and requires judicial review before a surrender decision becomes final. Whether a request is based on an international treaty or reciprocity, extradition remains subject to UAE law and the procedures established for international judicial cooperation.
FAQ’s
1. What law governs extradition from the UAE?
Extradition from the UAE is governed by Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters, as amended by Federal Decree-Law No. 38 of 2023. Applicable treaties also form part of the framework. The law covers extradition requests, procedural safeguards and grounds for refusing surrender.
2. What is dual criminality in UAE extradition cases?
Dual criminality means the conduct underlying the extradition request must be criminal in both the UAE and the requesting country. The offence generally must carry a possible imprisonment term of at least one year in both countries. Differences in the offence’s name or legal classification do not necessarily prevent extradition.
3. Can the UAE extradite someone without an extradition treaty?
Yes. Article 2 allows international judicial cooperation on the basis of reciprocity where no applicable treaty exists. However, the absence of a treaty does not make surrender automatic. The request must still satisfy the relevant requirements of UAE law, including documentation, dual criminality, procedural safeguards and grounds for refusal.
4. What are the grounds for refusing extradition from the UAE?
Grounds include UAE nationality, certain political or purely military offences, and specified circumstances involving UAE jurisdiction or previous proceedings. Extradition must also be refused where the statutory conditions concerning discriminatory prosecution, torture, inhuman treatment or inadequate procedural guarantees are met. Each defence depends on the facts and applicable legal framework.
5. Can someone be detained before a formal extradition request arrives?
Yes. In urgent cases, Article 15 permits provisional detention for up to 60 days where a foreign judicial authority has issued an arrest warrant but the formal extradition request has not arrived. Release may be granted subject to guarantees. Such release does not prevent subsequent arrest when the request is received.
6. Can an extradition decision in the UAE be appealed?
Yes. Article 22 provides a 30-day period to appeal an extradition decision to the competent Court of Appeal. Surrender cannot occur before the decision becomes final and is no longer subject to appeal. Ministerial approval is also required before surrender takes place.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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