Interpol Arrests In The UAE: Can You Be Arrested For A Crime Committed Abroad?

An individual wanted in another country may be stopped, detained and referred to the Public Prosecution in the UAE, notwithstanding that the alleged offence was committed elsewhere. What follows, however, is not a handover at the airport. It is a judicial process governed by Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters, as amended by Federal Decree-Law No. (38) of 2023 (the “Extradition Law”), and it affords the person sought considerably more protection than is commonly assumed.

Understanding Interpol’s Red Notice

Interpol is a network of 196 member countries. It has no police force of its own, no power of arrest, and no authority to compel any member state to detain anybody. A Red Notice is a request circulated to law enforcement worldwide to locate and provisionally arrest a person pending extradition, founded on an arrest warrant already issued by the judicial authorities of the requesting country. Each member state then applies its own law in deciding whether to act. A Red Notice is therefore an alert, not a verdict and not a warrant.

Interpol’s rules also limit what may be circulated. Article 3 of its Constitution prohibits intervention in political, military, religious or racial matters, and Article 83 of the Rules on the Processing of Data permits a Red Notice only for a serious crime under the ordinary law, excluding those arising from family or private matters, administrative regulation, or private disputes unconnected to organised crime. In practice, Red Notices most frequently involve drug trafficking, organised crime, serious financial fraud and money laundering.

What Happens When You Are Stopped

Under Article 15 of the Extradition Law, the Attorney General or his delegate may, in cases of urgency and upon a foreign arrest warrant, order the detention of the person sought pending receipt of the formal extradition request.

He must then be brought before the competent Public Prosecution within 48 hours. Article 17 requires the Public Prosecution to explain the reason for arrest, the content of the request and the supporting evidence, and to record his statements. He is entitled to have a lawyer present during questioning.

That 48 hour appearance is the first meaningful opportunity to intervene, and the point at which counsel matters most.

Detainment in the UAE

Where the UAE authorities act on a foreign alert, Article 15 of the Law permits the Attorney-General or his delegate, in cases of urgency and upon a warrant of arrest issued by a foreign judicial authority, to order the detention of the person sought for a period of 60 days pending receipt of the formal extradition request.

Three features of that provision are of practical importance.

1. Before the request arrives, the person sought for may be detained for 60 days;
2. Within that period the Attorney General may order release against such guarantees as he determines. This is the single most valuable intervention available at this stage.
3. Release is not the end of the matter. He may be arrested again for a further 60 days once the request is received, and where there is genuine apprehension of flight the Attorney General is not bound by those limits.
4. After a decision, Article 28 requires release if the requesting State does not take custody within 30 days of notification, and a person awaiting surrender may not be held beyond 60 days.

What the Requesting Country Must Prove

A Red Notice does not itself trigger surrender. The requesting State must submit a formal request through diplomatic channels to the Central Authority at the Ministry of Justice, accompanied under Article 11 by Arabic documents identifying the person sought, the applicable provision and penalty, the arrest warrant, a statement of the facts, and any enforceable judgment.

These are not formalities. Under Article 12 the Central Authority may demand further documents and dismiss the request if they are not produced. Deficient requests fail here, and they fail with some regularity.

Article 7 adds dual criminality: the offence must carry at least a year of imprisonment in both States, with six months remaining where a sentence is being enforced. A treaty assists but is not essential, as the UAE also cooperates on the basis of reciprocity.

Who Decides Whether You Are Sent Back

Extradition may be granted only by decision of the Competent Court, defined by the Extradition Law as the competent Court of Appeal, which hears the matter in closed session with the person sought and his lawyer present before issuing a reasoned decision on eligibility.

That decision is appealable within 30 days by either side. It may be implemented only once it is no longer open to appeal, and even then only with the approval of the Minister of Justice. If approval is declined, or if the Court finds extradition is not possible, the person concerned must be released.

Frequently Asked Questions

Does a Red Notice mean I will automatically be arrested in the UAE?

No. Interpol cannot compel any country to make an arrest, and the UAE applies its own law in deciding whether to act. A Red Notice creates a real risk of detention at the border, but it is an alert rather than a warrant.

Can I be extradited if there is no treaty between the UAE and the requesting country?

Yes. Where no convention applies, the UAE may cooperate on the basis of reciprocity. The absence of a treaty is relevant to the analysis but is not a defence in itself.

Can a UAE national be extradited?

No. Article 9 of the Extradition Law makes citizenship an absolute bar. UAE nationals may, however, be prosecuted domestically for conduct committed abroad.

How long can I be detained on a Red Notice?

Up to 60 days pending receipt of the formal extradition request, and a further 60 days once it is received. Release against guarantees may be ordered at any point within those periods, and a person awaiting surrender may not be held for more than 60 days.

Can I be extradited over an unpaid debt or a bounced cheque?

Ordinarily not. Interpol’s own rules exclude notices arising from private disputes, and expressly exclude unfunded cheques unless there was fraudulent or malicious intent when the cheque was issued. Dual criminality under Article 7 also requires the conduct to carry at least a year of imprisonment in both countries, which a civil debt will not.

Can the Red Notice itself be removed?

Yes. An application to the Commission for the Control of Interpol’s Files may seek deletion where the notice breaches Interpol’s Constitution or Rules. If it succeeds the notice is cancelled worldwide.

Practical Takeaway

A Red Notice is not a conviction ot a warrant. It is the first step of a process in which the requesting State carries a documentary burden, the Central Authority and the courts scrutinise it, and the Minister retains a final discretion.

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.