Extradition treaty between UAE and India

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.

Recent Developments

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.

Epilogue

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.