Extradition and Red Notice in the UAE

Extradition is the legal process of transferring a suspect or someone accused of a crime from one country to another. It starts with a request from the country, which must include evidence and justification for the charges.

The process is governed by agreements and international treaties. The authorities where the request has been submitted assess its legality and compliance with human rights.

Upon approval, the individual is transferred to the UAE, where they undergo trial. It’s important to consider the risk of an unfair trial and harsh treatment, especially in politically motivated cases, as this can impact the outcome of the case. To protect your rights, it’s recommended to seek legal advice during extradition proceedings, Interpol red notice and when international arrest warrant is issued against you.

The Extradition Process in the UAE

The first stage of the extradition process in Dubai involves the submission of an official request from a foreign state through formal diplomatic channels (embassies, consulates, Interpol). The UAE Ministry of Justice receives the request and conducts a preliminary assessment.

If the Ministry deems the request to be justified, it is forwarded to the Attorney General’s Office, which is responsible for conducting further legal procedures and preparing the case for court proceedings.

The Attorney General’s office may issue a warrant for the arrest of the individual in question. Local law enforcement agencies carry out the arrest in accordance with the warrant. Following the arrest, the individual is taken into custody. They are given the opportunity to contact a solicitor and, if necessary, consular representatives of their country. At this stage, it is crucial to ensure the protection of the detainee’s rights and provide all necessary information about forthcoming procedures.

The case is being transferred to a competent UAE court for consideration of the extradition request. The court will examine:

• The legality and justification of the request;
• Conformity of the procedure with international and national standards;
• Presence of the necessary evidence.

The defence has the right to present arguments against extradition. If the court makes a favourable decision, the person in question can appeal it in a higher court. The appeal must be submitted within a legally defined period, based on procedural violations or other legal grounds.

Even after judicial approval, the final decision on extradition is made by the executive authority of the UAE, usually represented by the Ministry of Justice or the Cabinet of Ministers. If a final decision on extradition is made, the relevant authorities will organise the transfer of the individual to the requesting country.

Grounds for Refusal of Extradition in UAE

There are certain grounds on which a lawyer can challenge an extradition request and achieve a refusal to extradite:

• The absence of double criminality: the act for which the individual is sought must be considered a crime in both the requesting country and the UAE.
• The political nature of the crime: The UAE does not extradite individuals accused of political crimes. Participation in political protests or the expression of political views, which are considered criminal in the requesting country but not in the UAE;
• Risk of human rights violations: A lawyer can provide evidence that practices of torture are widespread in the requesting country or that the judicial system does not ensure a fair trial.
• Discrimination: Extradition may be refused if there are grounds to believe that the individual will face discrimination and persecution on the basis of race, religion, nationality, political beliefs, or membership in a particular social group.
• UAE citizenship: The United Arab Emirates may refuse to extradite their own citizens, in which case they will be tried under local laws.
• The principle of “ne bis in idem”: if an individual has already been convicted or acquitted for the same crime in the UAE or another country, extradition will be denied on the basis of the principle that prohibits double jeopardy.
• Statute of limitations: if, according to the laws of the UAE or the requesting country, the statute of limitations for criminal prosecution for the offence has expired, this may serve as a basis for refusal of extradition.
• Procedural violations: failure to comply with document formatting requirements or missing the established deadlines for submitting a request.
• The possibility of applying the death penalty: extradition may be refused if the requesting country has the death penalty for the crime in question. A lawyer can demand official assurances that the death penalty will not be applied.

Countries Without an Extradition Treaty with Dubai

Some countries don’t have an extradition treaty with the UAE, which complicates the process of handing over criminals between these nations. Situations like these can be due to a lack of agreements, bilateral treaties, or political motives.

Countries that do not have an extradition treaty with Dubai include the following:

1. UAE extradition treaty with US. The US doesn’t have an official extradition treaty with the UAE, which complicates the process of handing over criminals between the two countries. In some cases, the US refuses to extradite its citizens due to political reasons, legal standards, or a lack of sufficient evidence. For example, extradition might be denied if there’s a risk of human rights violations.
2. Does UAE have extradition treaty with UK? The answer is – no. Each case is considered on an individual basis, and the process can be drawn out due to the need to confirm legal grounds and comply with international standards. The UK also takes into account potential political and humanitarian consequences of extradition.
3. India – UAE extradition treaty doesn’t formally exist, which complicates the process of extradition. Despite having strong political and economic relations between the two countries, each extradition requires individual negotiations and lengthy legal procedures. India can refuse to extradite its citizens if there’s a threat to their rights or potential political repercussions.

Challenging a Red Notice in Dubai

Interpol Red Notice is an international request for the temporary arrest of a person based on a warrant issued by judicial authorities or international tribunals. In the UAE, Interpol red notices are taken very seriously, and authorities can immediately arrest someone based on this notice. However, it’s important to note that an arrest under a Red Notice in the UAE does not automatically mean extradition. After the arrest, there’s a legal review process that includes checking the legality of the notice, its compliance with international treaties, and human rights standards. The UAE authorities carefully examine the evidence presented and may request additional information from the country that initiated Interpol red notices.

Interpol Red Notice in Dubai plays a crucial role in alerting law enforcement agencies worldwide that a criminal is wanted. This enables the UAE to quickly apprehend suspects, strengthen international cooperation, and maintain a high level of security and law and order.

Interpol red notice removal in the UAE is a crucial legal mechanism for protecting human rights and ensuring justice. An individual detained under such notice has the right to contest it based on several factors. Among the possible grounds for challenging include:

1. Lack of evidence presented in support of the arrest warrant. If the provided data does not substantiate the charges, this can be grounds for contesting the notice.
2. If the request for a red notice or the process of issuing it violates established procedures or the procedural rights of the accused, this can serve as a basis for challenging it.
3. If it can be proven that a request for a red notice is politically motivated or serves as a means of political persecution, this could serve as grounds for its cancellation.

How Interpol Lawyers Can Help

Seeking legal advice from an international criminal lawyer with experience in extradition matters and Interpol red notice removal process is crucial for assessing available defense options and developing a solid legal strategy.

Interpol Lawyers provide comprehensive legal support for issues related to Interpol, extradition requests, and international criminal defense.

We have extensive experience in matters of active extradition proceedings and provide a full range of legal services, adhering to all international rules and norms while ensuring your safety and the legality of the extradition process. Our specialists are ready to offer consultation and support at every stage of the extradition process in Dubai. 

We provide professional assistance with passive extradition from the United Arab Emirates. The services we provide include:

1. Our experienced lawyers specializing in extradition cases in Dubai will ensure compliance with all international standards and legal norms, guaranteeing the legality of the procedure.
2. We are ready to provide guidance and assistance at every stage of the process, minimizing stress and ensuring complete transparency and clarity for your case.
3. We guarantee the safety and reliability of all actions related to extradition.

Our goal is to successfully carry out the extradition process with minimal risks and maximum support for you.

Removal of the Red Notice in the UAE

We provide professional services for the removal from UAE Interpol red notice list. Our team has extensive experience, deep knowledge of local laws, and international legal standards. We carefully analyze each case and develop personalized strategies to protect our clients’ interests.

If you are afraid that you could get an Interpol Red Notice, we will help to make a preventive request to Intepol to make sure, they will not process any cases against you.

Protection from Interpol and Red Notice in Dubai

Our team of experienced INTERPOL lawyers in the UAE has a deep understanding of Interpol processes and extradition laws. Contact us today to schedule a consultation and benefit from our expertise in solving complex international legal issues. We are committed to protecting your rights, providing robust defense, and achieving the best possible outcome in your case.

Kendall Coffey

Senior Partner

Mr. Coffey is a former U.S. Attorney, Southern District of Florida (1993-1996); and served as Chair of, the Southern District Conference, Florida Federal Judicial Nominating Commission (April 2009 – January 2017).

Phone:

+357 25 059 684

Email:

[email protected]

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