Introduction:
Extradition procedures in the UAE are governed by Federal Law No. (39) of 2006, with substantial changes made by Federal Decree-Law No. (38) of 2023. Extradition is a legal process through which one country surrenders an individual to another country for prosecution or punishment for crimes committed in the requesting country. The extraction law specifies the condition of the extradition and execution procedures. Extradition is an important part of international legal cooperation since it protects rights and regulations while also preventing criminals from escaping justice.
In the event that one country seeks the extradition of an individual from the other country, the requesting country must submit an application. The requesting country must submit this application in writing through diplomatic channels.
In accordance with Article 33 of the aforementioned law, individuals who have been sentenced to six months or more in prison or who have been charged with crimes punishable by at least one year in prison may request extradition. The public prosecutor may notify the central authority, which will then inform the foreign central authority about the extradition of individuals and initiate the extradition process. Additionally, the request for extradition must pertain to a crime that both the requesting and requested states penalize. Since the law prohibits extradition for political offenses, the requested state has the option not to extradite the individual if it determines that the crime is political in nature. The extradition request may be made in writing, dated, signed, and sealed by the public prosecution and the central authority. This request should mention the full descriptions and information of the person to be extradited, details of the incidents, a description of the crime, applicable legal provisions, and grounds for the extradition request. The central authority must submit it along with the supporting documents to the requesting country through diplomatic channels.
In urgent cases, the public prosecutor may notify the competent authorities of the requesting country of the judicial arrest warrant for temporary detention, as per Article 34. The urgent arrest warrant may be forwarded by the Ministry of Interior. Furthermore, the public prosecution has the discretion to speed up extradition requests along with supporting documents through diplomatic channels. When applying the laws for the execution of penalties, detention served outside of a country is considered a period served in preventive detention.
The public prosecutor shall review the extradition request and verify that all legal conditions are met. The relevant court will receive the request if all requirements are satisfied. The court will review the request in accordance with the stated standards, allowing the accused to offer their defense. The court’s decision can be challenged. If the court grants the extradition, the individual will be handed over to the requesting state, which will bear the costs of the extradition.
The request for judicial assistance may be denied as per Article 53. According to this provision, the request may be denied if the acts are not considered crimes under UAE law, threats to UAE sovereignty, political crimes, discriminatory intents, ongoing investigations in the UAE, or inconsistent with the UAE laws.
Under the updated Article 71, the public prosecution can inform the enforcing state, via the central authority, about the special or general amnesty given to the convicted person, along with any decisions or actions related to carrying out the penalties.
Furthermore, the amended Article 76 stipulates that the public prosecution is required to inform convicting states of medical releases through the central authority. Upon a convicted person’s medical release, it is necessary to complete all procedures and submit the relevant documents. The competent court in the UAE may authorise taking the final decision on extradition matters. The court may review the requests, ensure compliance with legal requirements, and protect the rights of the extraditee.
Conclusion:
As global crime continues to evolve, the importance of the extradition law will be crucial. Extradition is an important part of international legal cooperation since it protects rights and regulations while also preventing criminals from escaping justice.
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