UAE Extradition Law: A Guide To Procedures & Legal Rights

An extradition request can raise immediate concerns about arrest, detention and the possibility of being transferred to another country. For the person concerned, understanding the applicable law and the available legal protections is essential.

UAE extradition law establishes the conditions under which a person may be surrendered to a foreign authority for investigation, trial or the enforcement of a criminal sentence. It also identifies circumstances in which extradition must be refused and provides procedures for challenging an extradition decision.

The outcome depends on the alleged offence, the supporting documents, the applicable international agreement and the individual circumstances of the case. A foreign accusation does not, by itself, establish that every legal requirement for extradition has been satisfied.

Which legislation governs extradition in the UAE?

The principal legislation is Federal Law No. 39 of 2006 concerning International Judicial Cooperation in Criminal Matters, as amended by Federal Decree Law No. 38 of 2023.

This legislation covers several forms of international judicial cooperation, including extradition, assistance in criminal investigations, the surrender of property and the transfer of convicted persons.

Article 2 recognises the relevance of international conventions to which the UAE is a party and cooperation based on reciprocity. Accordingly, an assessment of an extradition request should examine both the federal legislation and any applicable treaty. The absence of a bilateral extradition treaty does not necessarily prevent extradition from the UAE.

It is also necessary to distinguish between a foreign country requesting a person’s extradition from the UAE and the UAE requesting the return of a person located abroad. The law addresses these situations in separate provisions.

What conditions must an extradition request satisfy?

Article 7 establishes the principal conditions for extradition from the UAE.

First, the offence must be punishable under the requesting country’s law by imprisonment of at least one year or a more severe penalty.

Second, the conduct must also constitute an offence under UAE law, if committed within the UAE, carrying imprisonment of at least one year or a more severe penalty.

These requirements reflect the principle commonly described as dual criminality. However, the offence does not need to have an identical name or classification in both countries. Differences in terminology or constituent elements do not, by themselves, defeat an extradition request.

Where extradition is requested to enforce an existing custodial sentence, Article 7 additionally requires at least six months of the sentence to remain unserved. The remaining period is therefore significant, rather than simply the sentence originally imposed.

For example, a foreign conviction resulting in a lengthy prison sentence does not answer the statutory question if most of that sentence has already been served. The outstanding sentence and the applicable treaty provisions must still be examined.

When must extradition be refused?

Article 9 identifies circumstances in which extradition cannot be granted. These include:

• The person holds UAE nationality.
• UAE law gives the competent UAE judicial authorities jurisdiction over the offence.
• The request concerns a political offence or an offence connected with a political offence, subject to the statutory exclusions.
• The offence consists solely of a breach of military duties.
• Serious grounds indicate that the request seeks prosecution or punishment because of the person’s race, religion, nationality or political opinions, or that these factors would prejudice their position.
• UAE investigation or trial proceedings have already been taken against the person for the same offence.
• The person has previously been acquitted, or convicted and completed the sentence, for the relevant offence.
• A final UAE judgment has already been issued concerning the offence.
• The criminal proceedings or sentence are barred by the passage of time when the extradition request is submitted.
• The person has faced or may face torture, inhuman or degrading treatment, a disproportionately harsh punishment, or a failure to receive the minimum procedural guarantees specified by the law.

The political offence exception requires particular care. Article 9 excludes specified offences from that category, including terrorism, war crimes and genocide. Describing a prosecution as political does not establish that the exception applies.

Similarly, UAE nationality must be distinguished from UAE residence. A residence visa does not provide the nationality protection contained in Article 9.

What documents are required for extradition in the UAE?

Under Article 11, an extradition request must be submitted in writing through diplomatic channels and referred to the Central Authority. The supporting documents must be translated into Arabic, with the required signature and stamp from the requesting state’s Central Authority.

The documentation includes identifying information about the person, the relevant criminal provisions and penalties, and an international arrest warrant issued by the requesting country’s judicial authority.

The request must also explain the alleged conduct, including when and where it occurred. Where extradition concerns a convicted person, the documents must identify the conviction, the sentence and its enforceability.

Article 12 allows the Central Authority to seek additional information or documents where the material supplied is insufficient. If the requested information is not provided within the specified period, the Authority may dismiss the request.

The accuracy of these documents matters. Identity discrepancies, incomplete descriptions of the alleged conduct and missing information about a judgment can affect the legal assessment.

How does the extradition process work?

The extradition process involves several stages, although urgent arrest measures may occur before the complete extradition request arrives.

The Central Authority initially examines the formal requirements and refers a compliant request to the competent Public Prosecution. The prosecution procedures allow the person concerned to be informed of the request and to respond.

Article 18 provides for referral to the competent court within 15 days of the Attorney General’s consideration of the request. That period should not be confused with a deadline running automatically from the date of arrest.

The competent court, defined by the legislation as the competent Court of Appeal, considers the request in a closed hearing. Under Articles 19 and 20, it hears the prosecution and defence and issues a reasoned decision on whether extradition is legally permissible.

The legislation also provides a simplified procedure in specified circumstances where the person gives written consent. Articles 13 and 14 require voluntary consent given with knowledge of its legal consequences. A person considering consent should therefore understand its effect before signing.

What rights apply following arrest?

Article 17 requires the arrested person to be brought before the competent Public Prosecution within 48 hours.

The prosecution must explain the reason for arrest, the contents of the extradition request, and the supporting evidence and documents. The person’s statements must be recorded, and they have the right to have a lawyer present when those statements are taken.

In urgent cases, Article 15 permits detention for 60 days pending receipt of the extradition request. It also allows release subject to guarantees and addresses subsequent arrest when the request arrives. The provision contains a separate arrest power where escape is feared, so the 60 day period should not be presented as an absolute limit governing every detention situation.

Article 16 also permits release subject to guarantees after the extradition request has been received. Release is a matter for the competent authority’s decision and is not automatic upon application.

Can an extradition decision be challenged?

Yes. Article 22 permits the person sought, as well as the Attorney General or an authorised delegate, to challenge the extradition decision before the competent reviewing court.

The statutory period is 30 days from the date the court’s decision is issued. Identifying that date and preparing the grounds of challenge promptly are therefore essential.

Article 24 prevents implementation of a decision permitting extradition until it becomes final and no longer open to challenge. Article 26 separately requires the Minister of Justice’s approval before the decision can be enforced.

Where extradition is refused, Article 21 provides for the person’s release, while preserving the prosecution’s right to challenge that decision.

Does the death penalty automatically prevent extradition?

UAE extradition law should not be described as imposing a universal prohibition whenever the death penalty could arise.

For extradition from the UAE, the applicable treaty, the circumstances of the case and the protections in Article 9 must be examined.

Article 37 addresses a different situation: the UAE seeking the return of a person from another country. It permits an undertaking that the death penalty will not be carried out under an applicable treaty, subject to express statutory restrictions. These include the exclusion of Hudood offences and, in Qisas cases, the requirement that the persons entitled to claim Qisas waive that right.

This distinction matters because a provision governing assurances offered by the UAE cannot automatically be treated as a condition applying to every foreign extradition request.

Does an INTERPOL Red Notice mean extradition is certain?

An INTERPOL Red Notice seeks international cooperation to locate and provisionally arrest a person pending extradition or another legal process. It is not an international arrest warrant, and INTERPOL cannot compel a country to make an arrest.

National authorities apply their own laws when deciding how to respond. A Red Notice therefore does not replace the legal assessment required for extradition in the UAE.

INTERPOL’s Annual Report 2024 recorded 223,641 valid notices across all notice types, of which 17,612 were shared publicly through its website. These worldwide totals are not counts of UAE extradition requests or completed extraditions. A public notice search therefore cannot be treated as a complete record of international alerts.

Legal representation may consequently involve examining both the basis of the international alert and the separate requirements of the UAE extradition proceedings.

What protection applies after extradition?

Article 29 establishes the rule of specialty. Subject to its exceptions, the requesting state must undertake not to prosecute, punish or detain the person for an earlier offence outside the offence underlying the extradition request and related offences. The provision also restricts onward surrender to a third country.

The protection is subject to statutory exceptions, including specified circumstances involving ministerial consent or the person’s voluntary conduct after the relevant proceedings have ended. It should therefore be assessed against the precise terms of the extradition and the applicable treaty.

How can legal representation assist?

An extradition lawyer in Dubai can assess the requesting state’s documents, compare the alleged conduct with UAE criminal law, examine the applicable treaty and identify any statutory ground for refusing extradition.

The preparation should address identity, nationality, relevant dates, previous proceedings, the enforceability of any judgment and the remaining sentence. Where concerns involve discriminatory prosecution or treatment abroad, the supporting material should explain how those concerns relate to the individual case.

A criminal lawyer in Dubai handling extradition proceedings must also track detention decisions, requests for release and the deadline for challenging the court’s decision.

Effective preparation begins with obtaining the relevant records and identifying the legal questions that those records raise. This allows the person concerned to respond to the extradition request through the procedures and protections provided by UAE law.

Related Links

• How Does the Extradition Process Work for Criminal Matters?
• Extradition Process Between the UAE and Denmark
• Dubai Court Rejects Extradition Request for ‘Wanted’ Russian Woman