Terms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that:
- The crime must be considered an offense, be punishable in both
countries and punishment must be imprisonment
- The crime that is the subject of extradition must be punishable
under the law of the country requesting extradition (Requesting
Country) with a sentence of at least one year where investigations
have already been carried out
- 2 countries must have the same treatment towards each other for
e.g. two countries can agree to exchange criminals or receive
criminal's at a later date from the other country
- If a criminal's remaining sentence is less than 6 months in
prison the UAE will not give him back to the requesting
country
- If the criminal has a judgment against him the sentence must be
at least 6 months, in order for the requesting country to have the
criminal back
- Where a criminal escapes from prison e.g. comes to the UAE, the
UAE will only give him back where he has 6 months or more
imprisonment to complete
- Where a criminal commits more than one crime, and only one of
them fits the criteria for extradition, it will be enough to send
the criminal back to his country Cases where the UAE will not
deliver a suspect of extradition under any circumstances are;
- In certain cases of crimes related to military services
- If the person is a UAE national citizen
- If the case is within the jurisdiction of the UAE court
- In case of political crimes, the UAE will only deliver the
suspect in certain cicumstances;
- If the crime is related to terrorism
- If the suspect committed war crimes
- If the suspect committed racial crimes
- If the suspect committed crimes against the country's;
Diplomats, President, Vise President etc
- Where a person is being demanded to go back to his country
because of his race/ religion/ thoughts
- Where the UAE has started investigations against a person on
the same case, they will not be handed back until investigations
are completed
- In the situation where a suspect commits a crime in the U.K and
escapes to Paris before investigations are started, and then is
caught by the authorities in Paris and completes his Sentence in
Paris. The UAE will not hand the suspect back to the U.K, because
the suspect will have previously completed his sentence in
Paris.
- When the case is elapsed. For example, where a person passes
their limitation period and the convicted ends up in the UAE or
where conciliation takes place between the suspect and the other
party, they will not hand him back
- Where the UAE believes a criminal if handed back to their
country would face torture, degrading or inhumane treatment. The
prosecution will carry out investigations into the matter, produce
its findings to the court, and if it is found that the criminal
will face torture he will not be handed back
- where the crime does not fit the punishment
- where the suspect will not get a fair trial
- Letter of forgiveness. Where the concerned country forgives the
suspect and
does not want to pursue the matter further, the UAE will not hand the suspect back to the concerned country
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.