Key takeaway
If the underlying acts occurred entirely outside the requesting state and no legal basis for extraterritorial jurisdiction is shown, extradition from the UAE is likely to fail. Requests with a potential political character can be refused under Article 9(5) of Federal Law No. 39/2006, and even well-prepared extradition files may be rejected if jurisdictional and legal information is missing.
UAE courts apply a structured and treaty-aligned approach, requiring dual criminality, adequate evidence, and full procedural compliance before granting extradition. Judicial review remains central, ensuring extradition operates within both the UAE's legal framework and its international commitments.
What is the legal framework for extradition in the UAE?
Currently, extradition requests in the United Arab Emirates are governed by Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters, and this law works alongside the bilateral treaties with any countries who have requested the extradition. If a foreign country seeks the surrender of an individual, the UAE courts review the request carefully to determine whether the legal conditions for extradition are satisfied.
How do UAE courts assess extradition requests in practice?
Beyond the statutory framework, leading legal practitioners note that the UAE applies a structured, treaty-driven extradition process in line with international cooperation principles. The law outlines procedural requirements, evidentiary thresholds, and various mandatory conditions, including dual criminality, the seriousness of the offence, and compliance with human rights safeguards. Where an extradition treaty exists, its provisions operate alongside Federal Law No.39, but they do not override the UAE court's obligation to assess each extradition request independently and thoroughly.
What was the recent extradition case before the UAE courts?
A recent judgment illustrates the UAE courts' rigorous approach, particularly where the requesting state cannot establish territorial jurisdiction over the alleged offences. A foreign European state submitted a formal extradition request to the UAE through diplomatic channels. The individual sought was a national of the requesting European state and was accused of committing fraud related offences, intended to harm an economic entity.
An arrest warrant had been issued internationally, alongside an Interpol Red Notice. The extradition file included: identifying details and a recent photograph; certified extracts of the requesting state's criminal code; information on penalties and limitation periods; and an evidentiary file compiled by the investigating judge.
What documentation must support a UAE extradition request?
In practice, UAE courts scrutinise underlying extradition documentation closely. Legal commentary from major firms highlights that extradition files must be complete and consistent with treaty requirements, often including identity documents, confirmed charges, statutory extracts, and evidence demonstrating both the factual basis for the accusation and the requesting state's jurisdiction.
What jurisdictional issues can prevent extradition from the UAE?
A significant jurisdictional dispute in this case was that all alleged acts were committed outside the requesting state's territory. The transactions took place in a third foreign country, and the file did not demonstrate that any element of the offence occurred within the requesting state, including the result, or the actions of the accomplices. Neither did the requesting country's laws grant jurisdiction over conduct committed abroad. The file also did not show that the conduct was criminalised in the third country, a requirement for the dual criminality process.
This mirrors concerns raised in legal commentary: extradition cannot proceed unless the requesting state demonstrates legal authority, territorial or extraterritorial,to prosecute the alleged conduct. Courts in the UAE routinely require a clear statutory basis for jurisdiction, particularly in economic crime cases, where cross-border activity is common. Without such grounding, extradition requests are considered legally deficient.
What are the grounds for refusal under UAE extradition law?
The defence of the sought individual argued that the request had a political character, which, relying on Article 9(5) of Federal Law No. 39, 2006, means a refusal of extradition may be issued where prosecution may be influenced by race, nationality, religion, or political opinion. Most importantly, the UAE court focused on the absence of territorial jurisdiction, referencing Article 20 of the UAE Penal Code, outlining how the UAE as the prosecuting body claims jurisdiction over crimes committed abroad by its nationals only where the act is also punishable in the country where it occurred. The court applied similar reasoning to the requesting state.
The political offence exception, the risk of unfair treatment, and the lack of dual criminality are among the most commonly invoked safeguards. The purpose is not to shield wrongdoers but to ensure that extradition is carried out in a manner consistent with domestic law, international obligations, and the protection of human rights.
What did the UAE court decide?
The court concluded that extradition could not proceed. Without proof of territorial or extraterritorial jurisdiction, the legal requirements under both UAE law and the relevant extradition treaty were not met. This judgment confirms that the UAE courts will not order extradition unless the requesting state fully satisfies the jurisdictional, evidentiary, and legal conditions prescribed by law.
For individuals facing an extradition request, this case demonstrates that strong defences can arise from evidentiary and procedural issues, even before the merits of the allegations are considered. Ultimately, the UAE courts assess extradition requests based on several key legal requirements, and even where a treaty exists, extradition will be refused if these statutory conditions are not met. The UAE judiciary therefore plays a decisive role in ensuring that extradition operates strictly within the boundaries of UAE law and international legal obligations, protecting both state sovereignty and individual rights.
In line with commentary from major international firms, this judgment reinforces the UAE's position as a jurisdiction that insists on strict compliance with legal prerequisites before permitting extradition.
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.
