Extradition and surrender of criminal are governed by U.A.E. Federal Law No.39 of 2006 regarding International Judicial Cooperation on Criminal Matters, governs the extradition of criminals. In addition to the general requirement of UAE law on extradition, the provisions of specific treaties (if any) signed between the UAE and a country may contain additional requirements and / or obligations. For examplehttp://www.ezz4law.com/wp-admin/media-upload.php?post_id=2642&type=image&TB_iframe=1, the UAE is signatory (together with 21 other Arab Countries), to the Riyadh Arab Convention on Judicial Cooperation which was ratified in the UAE by Federal Decree No.53 of 1999 (‘Riyadh Convention’).
Extradition may be favoring a person such as extradition to Norway or Sweden where prisoners enjoy full freedom in prison.
Criminal Lawyer who specialize in surrender and extradition must know when it’s favorable to his client to agree or disagree for Extradition or surrender.
Conditions for Extradition
Extradition to a foreign country may be requested for a person residing in UAE for any reason. In order to extradite persons from the UAE to a foreign country, the conditions set out in Article 7 of Law No. 39 have to be met.
1. The crime that is the subject of extradition must be punishable under the law of the country requesting extradition (‘Requesting Country’) with a freedom restricting or custodial penalty of at least one year or any other severer punishment.
2. The act for which extradition is required, if committed within the UAE, must constitute a crime punishable with a freedom restricting penalty for at least one year or any other severer penalty.
3. If the matter subject of extradition pertains to execution of a custodial penalty, the remaining unexecuted penalty shall be no less than six months.
4. If the act subject of extradition constitutes a punishable crime under the laws of the Requesting Country and UAE, it is irrelevant if the crime is listed under a different name or description or if the elements of the crime are different.
Where an extradition request involves multiple crimes, each of which is punishable under the laws of both UAE and the Requesting Country, the request to extradite may be granted in so far as one of the crimes meets the conditions for extradition, even if the other crimes do not.
When and why to refuse extradition
there are some instances where an extradition request may be refused in the UAE. These include where:
1. the subject person is a UAE national.
2. UAE law gives jurisdiction to the competent judicial authorities concerning the crime subject of the extradition request.
3. The crime subject of the extradition request is a political crime or associated with a political crime.
4. The crime subject of extradition is limited to violating military duties.
5. There are sufficient reasons to believe that the extradition request is meant to pursue or punish a person due to his race, religion, nationality, political views or if these reasons are meant to undermine the position of such person.
6. The subject person underwent investigation procedures or trial for the same crime subject of extradition and was acquitted; or convicted but served the punishment for which he was adjudged.
7. A definitive judgment was issued by UAE courts concerning the crime which is the subject of extradition.
8. The criminal lawsuit was forfeited or the penalty was dropped due to passage of time when the extradition application was filed.
9. The person subject of extradition was subjected or could be subjected in the Requesting Country to torture, inhuman treatment, humiliating treatment or cruel punishment which does not conform to the crime, or the minimum assurances prescribed by the penal procedures code are not secured.
To be professional you should know what’s the best for your client
Prior to making an extradition application in the UAE it is important to bear in mind not only the general requirements of UAE law on the subject but specific requirements of treaties and conventions to which the UAE and the country requesting extradition are legalized.