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:

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.