Introduction:
Extradition, a fundamental aspect of international legal cooperation, plays an important role in bringing criminals to justice and maintaining the rule of law. In the UAE, the Extradition Law and Procedures, as stipulated in Federal Law No. 39/2006 and updated by Federal Decree-Law No. 38/2023, provide a comprehensive framework for governing extradition requests and procedures. Here's a detailed overview of key provisions:
Procedures and Attachments of the Extradition Request (Article 33):
The Public Prosecutor or his delegate may request the Central Authority to address the central authority in the foreign state for the extradition of persons sentenced to custodial penalties of at least six months or harsher penalties, or persons accused of crimes punishable by imprisonment for at least one year or severer penalties. The request must be in writing, dated, signed, and sealed by the Public Prosecution and the Central Authority, containing full descriptions and data of the person to be extradited, details of the incidents, legal characterization of the crime, applicable legal provisions, and legal grounds for the request. It must be communicated along with supporting documents through the Central Authority to the requesting state via diplomatic channels, translated as required.
Arresting the Extraditee in Case of Urgency (Article 34):
In urgent cases, the Public Prosecutor or his delegate may notify the competent authorities in the requesting state of the judicial warrant of arrest to temporarily detain the requested person, with the warrant communicated through the Ministry of Interior. The Public Prosecution may expedite the completion and transmission of supporting documents for the extradition request via diplomatic channels. The period of detention served abroad is regarded as time spent in preventive detention for the purpose of applying the rules related to the execution of penalties.
Legal Classification of the Crime (Article 36-38):
If the legal classification of the crime changes during the trial, the extradited person cannot be tried or detained unless the new classification is based on the same events and carries the same or a lesser penalty. The extradited person is protected against additional charges unrelated to the extradition request. In most cases, the Minister may agree not to use the death penalty, except for crimes that happen at the border. However, this agreement depends on the legal guardians agreeing to give up the right to retaliation under Sharia law for crimes of retaliation.
Handling Surrender and Extradition of Items (Article 36-42):
The Public Prosecutor or their representative holds the authority to surrender items connected to a crime, ensuring they don't infringe upon third-party rights, with the option to delay surrender if needed for local legal processes. Any objections to this surrender decision can be raised within 15 days, and the court may decide after hearing from both the Public Prosecution and the complainant. Moreover, the Public Prosecutor may also request the extradition of items related to a crime. Additionally, controlled surrender, where items are allowed to transit without seizure to aid in identifying their destination or detaining offenders, can be authorized by the Public Prosecutor. However, this must not compromise the UAE's sovereignty, security, public order, morals, or environment. The execution of these authorizations falls under the jurisdiction of competent parties in the UAE, with procedures determined by the Public Prosecutor regarding the manner of surrender and methods of reclamation or compensation.
Mutual Judicial Assistance in Criminal Matters (Article 43-58):
In mutual judicial assistance, requests from foreign authorities involve actions like identifying individuals, hearing testimonies, and seizing items necessary for initiating criminal proceedings. Requests are submitted to the UAE's Central Authority via diplomatic channels. Precautionary measures can safeguard legal interests or evidence in urgent cases. Requests are documented with detailed case information, with the option for additional details if needed. Confidentiality can be maintained upon request. Witness testimonies are conducted with UAE judicial oversight. Witnesses may abstain if allowed by foreign law. Witnesses, experts, or defendants attending foreign judicial proceedings enjoy immunity from past prosecution or detention. Transfer of prisoners for testimony has conditions and exceptions. Requests can be rejected if they conflict with UAE laws or interests. Execution follows UAE law, personalized to specific needs. Expenses and fees are outlined, with provisions for item restitution and revenue sharing by the Minister.
Requests of Judicial Assistance from UAE Authorities to Foreign Judicial Authorities (Artilce-59-63):
The competent judicial authority in the UAE can request judicial assistance from foreign Authorities, including actions like identifying individuals and obtaining evidence necessary for criminal proceedings. These requests, sent through diplomatic channels, must meet formal conditions and include detailed case information. Procedures executed externally must align with foreign jurisdiction laws or follow specific UAE requirements. Witnesses and experts requested to attend foreign proceedings are granted immunity from past prosecution or detention.
Transfer of Convicts to a Foreign State (Artilce-64-78):
The Public Prosecutor, under certain conditions and upon request from a foreign judicial authority, may approve the transfer of a convict detained in UAE facilities to enforce a penal judgment rendered by the requesting state. Requests for transfer may be rejected if they conflict with UAE laws or interests. Convicts must consent to transfer, with conditions outlined for refusal. Requests must include detailed convict information and a commitment not to apply special amnesties. Expenses of transfer are borne by the requesting state. The UAE informs the requesting state of any amnesty provisions affecting the convict.
Conclusion:
The Extradition Law and Procedures in the UAE establish a robust framework for international legal cooperation, ensuring fairness, transparency, and adherence to legal standards in extradition and related processes. Through these provisions, the UAE confirms its commitment to upholding the rule of law and promoting justice both domestically and internationally.
Understanding the UAE's Extradition Process
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