Introduction
Extradition, a fundamental aspect of international legal cooperation, plays an important role in bringing criminals to justice and maintaining the rule of law. The Extradition Law and proceedings in the UAE, as outlined in Federal Law No. 39/2006 and amended by Federal Decree-Law No. 38/2023, establish a comprehensive framework for managing extradition petitions and processes. A detailed summary is provided below:
Procedures For Extradition Requests And Attachments (Article 33)
The provisions of Article 33 were replaced by virtue of Article 1 of the Federal Decree Law No. 38/2023.
The Public Prosecutor, or an authorized representative, is empowered to approach the Central Authority in the foreign jurisdiction to initiate extradition proceedings for individuals who have been sentenced to a minimum of six months or who are facing charges for offenses that carry a penalty of one year or greater.
The request for extradition should be submitted in written form, containing the date, signatures, and official seals.
Required Information In Extradition Request
- Complete identification of the individual.
- A detailed account of the facts.
- Classification of the offense.
- Pertinent legal provisions.
- The legal basis for the extradition.
Transmission Of Documents
All documents are required to be transmitted through the Central Authority utilizing diplomatic channels and must be translated into the language of the foreign authority or another language that is accepted, unless otherwise stipulated by a treaty.
Arresting The Extraditee In Case Of Urgency (Article 34)
The provisions of Article 34 were replaced by virtue of Article 1 of the Federal Decree Law No. 38/2023.
In an emergency, the public prosecutor or someone they have authorized may tell the right authorities in the requesting State about an arrest warrant that was issued according to the law. This is done to make sure that the individual who is wanted is arrested and held temporarily.
Communication Of Arrest Warrant
- The arrest warrant must be communicated through the Ministry of Interior’s communication department.
- The Public Prosecution must next complete the relevant extradition paperwork.
- The documents are then sent to the requesting State via the Central Authority’s diplomatic channels.
Legal Classification Of The Crime (Articles 36–37)
If the legal classification of the offence is changed during proceedings, the extradited person may not be accused, tried, or subjected to any procedure affecting their freedom unless the new classification is based on the same facts for which extradition was granted and carries the same penalty or a more severe one.
Death Penalty Undertaking
With the exception of border offenses, the State may offer a commitment to the Requested State, in line with relevant provisions of the conventions, to refrain from imposing the death penalty on the individual being extradited.
In cases of retaliatory offenses, such an action may only be permitted if the victim’s rightful heirs give away their Shari’a right.
The issuance of the undertaking is to be carried out by the minister, followed by the requisite procedures to modify the penalty.
Management Of The Surrender And Extradition Of Items (Articles 38–42)
The Public Prosecutor or their delegate has the authority to transfer items related to a crime to the Requesting State, regardless of whether these items are in the possession of the individual facing extradition or were found subsequently, provided that such transfer does not contravene local legislation.
Conditions For Surrender Of Items
- The transfer must not violate local legislation.
- The items may be transferred even if discovered after the extradition process begins.
- The surrender of items may be deferred if they are required for local judicial or administrative functions.
Foreign Requests For Items
With official oversight, items can be sent overseas upon the request of a foreign entity, as long as all necessary requirements are met and there is no risk to state security, public order, or ethical standards.
Judicial Review And Challenge
- The tribunal assesses the arguments presented by both the Public Prosecution and the complainant before making a decision.
- Interested parties are allowed to challenge the surrender within a period of 15 days.
Request Of Judicial Assistance From Foreign Judicial Authorities To The State (Article 43–58)
The State may provide judicial assistance in criminal cases if the offense falls under its jurisdiction and the help is necessary for foreign proceedings. Assistance can include:
- Locating individuals
- Hearing witnesses
- Presenting detainees
- Notifying documents
- Seizing property
- Providing evidence
- Sharing records
- Freezing funds
All requests are to be formally submitted in writing through the Central Authority by way of diplomatic channels.
Submission Requirements
Submissions should include all the case details, relevant documents, and Arabic translations.
| Required Elements | Description |
|---|---|
| Case Details | Complete description of the criminal case and proceedings |
| Relevant Documents | All supporting legal and evidentiary documents |
| Arabic Translation | Certified Arabic translations of all submitted documents |
Testimony And Expert Participation
Witnesses, experts, or imprisoned persons may provide testimony or expertise under safeguards, including immunity from prosecution.
Grounds For Refusal
If the sovereignty, security, public order, local procedures, or personal safety are at risk, the transfers or testimonies may be denied.
Requests may also be denied if they are:
- Based on political motives
- Discriminatory in nature
- Against the law
- Not permitted under applicable legislation
Expenses And Asset Management
The Requesting State bears expenses, fees, and remuneration, with advance payment possible.
Assets, documents, or proceeds related to the case may be returned or shared according to rules set by the Minister and relevant authorities, with a committee handling revenue-sharing requests.
Request Of Judicial Assistance From The State Authorities To The Foreign Judicial Authorities (Article 59–63)
The judicial authority has the ability to contact the Central Authority for assistance. The Central Authority will initially verify that the request meets the formal criteria before transmitting it to the foreign authority through diplomatic channels.
Documentation Requirements
The appropriate date, signature, and seal should be included in the documentation of all requests.
Requests must also contain:
- Required translations
- Exhaustive information about the case
- Details of the parties involved
- Description of the incidents
- Relevant legal provisions
- Procedural details
- Witness information
- Supporting documents
- Additional evidence
- Execution deadlines
Legal Validity Of Actions
Actions taken under judicial assistance are significant when they are executed in accordance with the regulations established by the foreign authority, unless the domestic authority mandates a specific format, and they have the same impact as if they were conducted within the domestic jurisdiction.
Immunity Provisions
A witness, expert, or defendant cannot be prosecuted, detained, or have their freedom restricted for prior criminal acts or convictions before leaving the Requesting State if the assistance involves summoning them.
This immunity is valid for 30 days after they are notified that their presence is no longer necessary, excluding periods when departure was impeded for reasons beyond their control.
Transfer Of Convicts To A Foreign State (Articles 64–71)
The Public Prosecutor has the authority to authorize a transfer request under specific conditions.
Conditions For Transfer
- The offense must be punishable in the enforcing state
- The conviction must be final
- The individual must be a citizen of the enforcing state
- Consent must be obtained (either directly or through a legal representative)
- The remaining sentence must be a minimum of six months
- The enforcing state must assume the costs associated with the transfer
Grounds For Denial
Requests should be denied in instances where they:
- Interfere with sovereignty, security, or public order
- Involve military offenses
- Diverge in penal codes
- Permit special amnesty
- Pertain to financial obligations
- Concern minimal or maximum sentences that apply
Documentation For Transfer
Requests must be written in Arabic (or translated) and include the following information:
| Information Required | Description |
|---|---|
| Personal Details | Full identity details of the convicted person |
| Nationality Documents | Proof of citizenship |
| Domicile Information | Residential address of the convicted individual |
| Prison Location | Place of detention |
| Certified Conviction | Official copy of the judgment |
| Remaining Sentence | Details of the sentence yet to be served |
| Consent | Confirmation of voluntary consent |
| Commitment | Undertaking against special amnesty |
The Public Prosecution guarantees that consent is obtained freely and with full awareness.
The State, through the Central Authority, is required to notify the enforcing State of any conditions or processes that may affect the implementation of penalties. Also, it is the responsibility of the State to cover transfer expenses and guardianship responsibilities.
Transfer Of Convicted From A Foreign State (Articles 72–78)
The State may request a foreign State to transfer a national serving a sentence there.
Information Required For Transfer Request
Convict’s personal information, proof of nationality, details of imprisonment, and translations of all documents into the language of the convicting State or another officially ratified recognized language must be included in the written request.
Implementation Of Sentences
Sentences are implemented in accordance with state legislation, with time served abroad deducted, and transferred offenders are imprisoned on the Public Prosecutor’s decision.
- The State is responsible for enforcement
- The convicting State must be notified
- Updates must be provided upon request
The transferred convict cannot be retried or subjected to legal proceedings for the same incidents that were the subject of the original judgment.
Amnesty And Release Provisions
- Medical release must be reported to the convicting State
- General amnesty is applied automatically
- Approval of the convicting State is required for special amnesty or conditional release
- Acknowledgment of amnesty provided by the convicting State is also recognized
Conclusion
The UAE’s extradition and transfer of convicts legislation is a robust legal framework that enables the country to cooperate with other nations in criminal matters. It sets out the duties, protocols and compliance mandates; it also harmonizes international relationships with local safeguards.
They ensure that requests, judicial assistance, and transfers are managed appropriately, with all required documentation, consent, and protective measures established. Subsequently, the regulations protect personal liberty, sovereignty of the nation, and the public order. Through these provisions, the UAE confirms its commitment to upholding the rule of law and promoting justice both domestically and internationally.
Read Full Article: https://www.alrowaad.ae/knowledge/legal-articles/extradition-law/overview-of-extradition-regulations-and-processes-in-the-uae/ End Notes:
- https://www.alrowaad.ae/expertise/criminal-law/
- https://www.alrowaad.ae/expertise/criminal-law/
- https://www.alrowaad.ae/expertise/criminal-law/
- https://www.alrowaad.ae/knowledge/legal-articles/extradition-law/overview-of-extradition-regulations-and-processes-in-the-uae/
