International laws in the UAE involve different complications because of the treaties, jurisdictions, and political matters. The main issues arise while handling crimes that involve conflicting treaties and political interests. This causes a major issue in handling any international case with legal terms. One such issue is “Extradition” between the two countries, the UAE & USA.
These international legal issues often require legal guidance. Such cases highlight the importance of legal experts who can handle these cases and understand international laws. Dubai lawyers play an important role in handling cases that involve cooperation and treaties between the UAE and USA and other countries too.
Does the UAE have an Extradition Treaty with the USA?
The UAE currently does not have any bilateral or multilateral extradition treaty with the United States of America. There is no formal agreement or treaty-based legal arrangement between the two countries for extradition.
International cooperation between the two countries can still happen. In such cases, both countries can handle extradition requests based on their respective legal systems. If the UAE submits an extradition request to the USA or if the USA does the same, the possibility is to cooperate on the matter and find solutions following the legal and procedural requirements.
The UAE & the USA can both cooperate on extradition cases even without any treaty. This can only happen if both sides agree to do so. UAE lawyers and its judiciary comply with local laws and regulations and review every such application and case carefully to reach a solution that complies with the local and international laws.
Extradition in the UAE
Extradition is a formal legal process in which the criminal is transferred from one country to another to face legal charges. The other country becomes responsible for the prosecution and punishment of the criminal’s offenses. Extradition happens when the accused is located in one country but is wanted under another jurisdiction. This also happens when a person accused of some crime escapes to other country.
The UAE courts carefully review every extradition request to make it comply with the law along with following the human rights principles.
Extradition Laws in Dubai
Extradition cases in Dubai are mostly handled under the Federal Law No. 39 of 2006 on mutual Judicial Cooperation in Criminal Matters.
This law explains how the UAE receives and analyses requests from other countries, including the USA. Requests made by any country go through strict legal procedures so that it does not affect the sovereignty or public order of the UAE.
The legal authorities involved in this matter also bear the responsibility to check if the alleged crime is also considered a crime in the UAE. If the alleged crime is not a crime under the UAE law, then there are chances for the request to be refused. The UAE courts are not bound to accept every request, even with an extradition treaty.
There are three chances of rejection of requests:
- If the case is politically related, the request can be declined
- If the charges seem to appear false or manipulated after interrogation by the Dubai authorities
- The act is not a criminal offense under UAE law
Principle of Dual Criminality tells us that, the offense must be punishable in both countries. The UAE also does not extradite its own citizens under its Constitution. The extradition request must also appear to be a proper request. It should properly have the following:
- Proper documents following legal procedures
- Investigation reports
- Charge sheet
- Arrest warrants
- Evidence
After reviewing the request, the courts and the Ministry of Justice will examine the individual, and along with the cooperation of Dubai Law firms, they will secure the type of punishment he might face.
In an extradition treaty, every request is approved, and some requests are not even considered because there are certain legal requirements that are necessary for the request. These include:
- The request must be sincere and follow UAE law.
- Both countries should recognize as a punishable offense. This rule is known as the Principle of Dual Criminality.
- UAE citizens cannot be extradited because the UAE Constitution protects them from being handed over to another country.
The UAE authorities also do not accept requests that involve any chance of torture, political targeting, or unfair trial.
For proper guidance and representation, you can contact skilled extradition lawyers in Dubai who handle such matters professionally.
What is the Role of Lawyers in Extradition Cases?
Extradition cases are never as easy as they seem. These cases usually involve international laws and diplomatic communication. Other than this, they come up with layers of legal interpretation and procedural scrutiny. As such, Dubai lawyers play a main role in handling such cases.
Their main goal is to protect the individual facing an extradition case, along with taking care of his rights. Professional Dubai lawyers carefully review the case to analyze whether it meet international and local laws or not. They play an important role throughout the case.
- They review the extradition charge
- Examine the legality of the case
- Check the treaties involved
- They build a strong defense to defend their client
A good defense is a must to be prepared and supported by proper documentation. That’s why anyone dealing with an extradition case should hire a professional Dubai lawyer who can understand the legal procedure and protect the legal rights of the individual.
Political Crimes & Human Rights in the UAE
The dealing methods of political cases in the UAE has a strict approach. The country refuses extradition requests that appear politically motivated or target individuals for their opinions. If the authorities find out any risk where extradition could lead to torture, unfair treatment, or biased trials, the UAE courts immediately reject it. This way, the UAE laws and regulations work to prioritize the human rights of its individuals.
The UAE authorities have dealt with several high-profile extradition and fraud cases requests that involved many high profile businessmen, politicians, and suspects in global fraud cases. These cases gained worldwide attention and also show the challenges faced by the Dubai Law enforcing authorities and described how detailed these cases could be.
Sometimes, people accused of financial crimes abroad are found in Dubai, leading to requests for their return. However, the UAE courts don’t approve any request without proper examination. If the request doesn’t meet the country’s legal standards or if it lacks proper evidence, it can be rejected. This also build stronger legal precedents for future cases.