It is a formal demand sent by one nation to another through diplomatic routes, for the latter to surrender the person who has committed the offence in the requesting country to their authorities. In the case of Extradition, UAE is very proactive, and all the relevant authorities are familiar with the concept of extradition and assist other nations in such criminal offences, as explained by Lawyers in Dubai. The country, every year receive and send several requests for extradition and accordingly the country has signed several extradition treaties with its neighbouring countries. Any request generated in UAE for extradition is drafted and forwarded by the International Co-operation Department of the Public Prosecution. The Federal Law Number 39 of 2006 concerning Mutual Judicial Co-operation in Criminal Matters sets out conditions for the request of extradition submitted by other countries and the concerned department must review the request in such manner.
Upon receiving the request, the competent authority entertains the matter in order to decide whether the request fulfil the conditions mentioned in the law and accordingly either accept or reject the request. A wide number of cases are tried by UAE courts on extradition every year, and thus, they are bound to oblige with the international treaties. However, if the country has not signed the bilateral treaty, it must rely on the relevant law.
Extradition is an integrated issue. Although the process has been simplified due to several international treaties, the main task of nations finding a way to reconcile two territories and resolve extradition issues, it is past developing legal framework, which is evident from the latest international treaties signed by UAE with neighbouring nations for resolving extradition matter and in this article Criminal Lawyers in UAE will highlight complete details about the extradition treaty signed by UAE with India.
India-UAE Judicial Collaboration
In 1999 the Government of UAE entered into an agreement for mutual collaboration in criminal matters with the Government of India and the countries accordingly signed the treaty in 2000. Pursuant to such treaty, both the countries agreed to hand over the accused to the requesting country, who has committed a criminal offence in that country. The treaty further allows the authority to impose punishment on the accused both in India and in UAE for at least a year. The treaty is a step forward in strengthening the bilateral collaboration and to combat against serious criminal offences. It is pertinent to note that the treaty has a retrospective effect on crimes which were committed prior to signing the treaty.
Prerequisites for Extradition
In accordance with the terms of the treaty, there are several preconditions which must be fulfilled as follows:
a. The accused should only be tried or punished in the requesting country;
b. The requesting country must not extradite him to another country, without prior consent;
c. Offences must be in relation to his extradition or offences which were committed post his extradition;
d. In a case where there is a case already pending for the accused other than the one for which he is executed, the requested country must review the request and should decide on the matter. If the request is accepted, the requested country can hold the extradition until the case is decided and the judgment is passed;
e. In case of a political offence, the countries may reject to the extradition request.
In 2011, UAE and India signed an agreement for Transfer of Sentenced Prisoner for social reformation of individuals convicted in different countries. This agreement will allow the accused sentenced in other countries to spend their imprisonment in their native country. However, the concerned agreement is not applicable on heinous offences like murder, drug abuse, financial frauds, etc. There are several conditions which need to be fulfilled prior to transferring the prisoner as follows:
- A minimum of 6 months imprisonment should be pending;
- The prisoner must be convicted and should not be under trial;
- There should not be any other case pending before any court;
- Both the countries must confirm his request to transfer.
The signing countries must honour the collaboration, even in cases where the request for extradition was not accepted. As due to several political reasons, the request for extradition is rejected. In such circumstances, even though an accused cannot be extradited due to political or public reasons, he can be tried under Judicial Cooperation in Civil and Commercial matters Agreement signed by both the countries in 1993. Such treaties strengthen the criminal laws of both the countries and simultaneously threat the wrongdoers who think that they can exit the country post committing an offence.
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.