Introduction
Extradition requests in the UAE are primarily governed by Federal Law No. 39 of 2006 Concerning International Judicial Cooperation in Criminal Matters, which has been recently updated by Federal Decree-Law No. 38 of 2023. The United Arab Emirates (UAE) cooperate with other nations to address these criminal challenges, and this cooperation is based on international agreements, treaties, or the concept of reciprocity.
The Extradition Procedure
Article 7 stipulates a couple of legal conditions for a person’s surrender. The formal extradition process known as “surrender” occurs when the United Arab Emirates transfers a wanted individual to a foreign court for investigation, trial, or imprisonment. The law establishes specific legal requirements that must be met for such a surrender to be authorized:
- The act for which extradition is sought must be a crime in both the requesting state and the UAE, punishable by deprivation of liberty for at least one year or a more severe penalty.
- Addressing dual criminality, it doesn’t matter if the states term the crime by different names or categories.
- If the individual has already been convicted, extradition is only permitted if they have at least six months remaining on their custodial sentence.
Article 7 Conditions Summary
| Condition | Description |
|---|---|
| Dual Criminality | The act must be considered a crime in both jurisdictions. |
| Minimum Punishment | At least one year of deprivation of liberty or a more severe penalty. |
| Convicted Persons | At least six months of sentence must remain. |
Requirements for Formal Documentation Under Article 11
The UAE Central Authority (Ministry of Justice) must receive a formal extradition request in writing through diplomatic channels. The requesting state must translate it into Arabic and sign and certify it formally. The request must contain the person’s name, description, pictures, and any other information that can help prove their identity, nationality, and whereabouts. The requesting state must also give the exact language of the law that applies to the crime or a copy of it, as well as the details of the sentence, together with a written warrant from the foreign court authority. A comprehensive outline of the case, including the type of crime, the exact actions the person is accused of, and the date and place of the offense, should be included. If already found guilty, then judgment evidence, such as an official copy of the judgment, proof that it can be carried out, and information about the term given.
Key Documentation Requirements
- Formal written extradition request through diplomatic channels
- Arabic translation of the request
- Certified and signed documents
- Details of the person (name, description, photographs, identity proof)
- Applicable legal provisions or copies of relevant laws
- Details of sentence and written arrest warrant
- Comprehensive case summary (crime, acts, date, and place)
- Judgment documents (if convicted)
Judicial And Administrative Review
The Central Authority verifies that formal requirements are met and then refers the request to the Public Prosecution. A Competent Court of Appeal hears the request in a closed session with the Public Prosecution and the person sought present. The Minister of Justice has to consent to the extradition if the court finds the request valid. Both the Public Prosecutor and the requested person have 30 days to appeal the court’s decision before the Court of Cassation.
Interpol Red Notice And Extradition
An Interpol Red Notice is an international arrest alert that serves as a precursor which allows the UAE to detain a person urgently. This is, however, distinct from a formal extradition request, which is a more comprehensive legal and diplomatic request that must comply with the specific documentation and translation requirements outlined in Article 11 of the Law. INTERPOL is a neutral platform for international cooperation, however, it is not authorized to compel member states to make an arrest.
Extradition and international arrest warrants (specifically INTERPOL Red Notices) are distinct legal instruments that collaborate to expedite the arrest and return of fugitives across borders. A Red Notice is a global request that is sent to law enforcement agencies worldwide to locate and provisionally detain an individual who is pending extradition, surrender, or some other form of legal action.
People often think that a Red Notice is an international arrest warrant, which is not true. It is an international warning issued when a country requests an arrest warrant or a court order from its own judicial system. Extradition is the formal judicial procedure by which a person is surrendered by one state to another for the purpose of prosecution or serving a sentence. In the UAE, this is governed by Federal Law No. (39) of 2006.
Red Notice Vs Extradition: Key Differences
| Aspect | Interpol Red Notice | Extradition |
|---|---|---|
| Nature | International alert or request | Formal legal and diplomatic process |
| Purpose | Locate and provisionally detain a person | Surrender a person for prosecution or sentence |
| Authority | Issued via INTERPOL platform | Governed by national laws (e.g., UAE Federal Law No. 39 of 2006) |
| Legal Force | Not a binding arrest warrant | Legally binding upon approval |
Grounds For Denying Extradition
Extradition must be refused if any of the following conditions exist under Article 9:
- Citizenship: The person sought is a citizen of the UAE.
- UAE Jurisdiction: UAE laws provide jurisdiction to local judicial authorities over the specific offense.
- Political Or Military Character: The offense is of a military nature or is a political offense. However, political offenses do not include terrorism, war crimes, genocide, or crimes against heads of state and their families.
- Discriminatory Purpose: There are substantial grounds to believe the request is intended to punish the person based on race, religion, nationality, or political opinion.
- Legal Finality (Ne Bis In Idem): The individual has been previously tried, acquitted, or convicted for the same offense, or the case has expired due to the statute of limitations.
Conclusion
The process of international alerts and extradition is elaborately designed to prevent individuals from being unfairly treated and to ensure that no border can be used as a simple escape from justice. In the UAE, the process is a strict legal journey governed by Federal Law No. 39 of 2006.
It begins when a country sends a formal request through diplomatic channels to the Ministry of Justice. For an extradition to happen, the crime must be a serious one (usually punishable by at least a year in prison) in both the UAE and the requesting country.
Ultimately, a UAE court must review the case, and the Minister of Justice must give the final approval before anyone is sent abroad. INTERPOL acts as the global messenger in this process. Their most famous tool, the Red Notice, is a powerful global alert that informs police in 196 countries that a person is wanted.
People with an active notice are very likely to be arrested immediately when they try to cross a border, making foreign travel extremely risky for them. Even though these tools are necessary for global security, they are balanced by laws that protect people.
People can contest these alerts through an independent organization known as the Commission for the Control of INTERPOL’s Files (CCF), ensuring that global policing remains neutral and fair.
