Extradition is the process of handing over a person, accused of a particular crime, to the jurisdiction where the crime was undertaken. The agreement on extradition between UAE and Ireland ("Extradition Treaty") came into force on 18th May, 2025. Let us look into the main terms under this Treaty.
Obligation to extradite
The Extradition Treaty obligates both the UAE and Ireland to extradite a person found in the territory of one country, and wanted in the other country, for prosecution, trial or execution of a sentence in respect of an extraditable offence committed within the jurisdiction of the requesting country.
Extraditable offences
Article 2 of the Extradition Treaty lists out the instances where an extradition request will be granted, as follows:
- when the request for extradition is made to carry out criminal proceedings for a criminal offence that is punishable in both countries, for a minimum of 1 year of imprisonment.
- when the request for extradition is made to execute a final sentence for an offence punishable in both countries, and at the moment of submission of the request, the length of the sentence still to be served is at least six months.
The Extradition Treaty also states that while determining whether an offense is punishable in both countries, the totality of the offence will be taken into consideration as opposed to elements of the offence, and it shall not matter whether the laws of the countries place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology.
The Extradition Treaty also clearly states that offences connected with taxes, duties, customs or exchange control shall be extraditable offences. Furthermore, extradition will be granted if the offence for which it is requested was committed outside of the territory of the requesting country, provided that the laws of the requested country allow the prosecution of an offence of the same nature committed outside of its territory.
Mandatory grounds for refusal of Extradition
The Extradition Treaty lists certain offences or instances where an extradition request will not be granted including when the offence in question is a political offence, or when there are reasonable grounds to believe that the request for extradition has been made for the purpose of prosecuting or punishing the person on the grounds of race, religion, ethnic origin, nationality, language, political opinions, etc. Similarly, extradition will not be carried out if the trail of the person to be extradited was not conducted as per law, or if the person was or will be subjected to torture or inhuman treatment in the requesting country. Other grounds for refusal of extradition are provided under Article 3 of the Extradition Treaty.
The Extradition Treaty also explicitly states that citizens of UAE or Ireland will not be extradited by their respective countries. Instead, in case of criminal allegations, on the request of the other country, the competent authorities in the country where the individuals are citizens, will carry out proceedings according to the national laws, as per the documents and evidence provided by the requesting country.
Provisional arrest
The Extradition Treaty provides for a provisional arrest to be made of a person prior to the request for extradition. Such a request must be made in writing, through the competent authority as agreed by both parties. The request must contain all the essential details regarding the person to be arrested, the offence and the reason for urgency of the arrest. Upon receiving the request, the latter country will take all appropriate measures to secure the arrest, and promptly inform the requesting country of the outcome of these measures. However, if the requesting country does not make a formal request for extradition, the person will be released from custody.
Confidentiality
Article 18 of the Extradition Treaty details the confidentiality clause, stating that documents and other information pertaining to the extradition procedure must be kept confidential in accordance with national law and procedures, by both the UAE and Ireland.
Protection of personal data
According to Article 20 of the Extradition Treaty, both countries have undertaken to ensure, all the data transferred from one country to another pursuant to this Treaty will be used only for the purpose of executing the extradition request. The countries are also to ensure that the data transferred for this purpose is accurate and all appropriate measures shall be taken in order to protect the transmitted data against accidental or unauthorised destruction or accidental loss as well as against unauthorised access, alteration or dissemination.
Conclusion
The Extradition treaty signed between the United Arab Emirates and Ireland shows a firm and joint commitment by the countries to uphold the rule of law and foster international cooperation. It is a welcome development and will streamline such processes between the countries in the future.
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.
