You can run, but you cannot hide, on this note the government of United Arab Emirates and South African government signed an extradition treaty and mutual legal collaboration in criminal matters in late 2018. The treaty will enable the countries to help each other in criminal investigation and prosecution of crimes through mutual collaboration and extradition of accused hiding in either of the country post committing a crime or who is wanted in requesting country.

The

negotiations pertaining to the concerned

treaty initiated in 2010 and after prolonged negotiations for around eight years, both the countries finally signed

the treaty. The treaty covers several criminal acts including but not limited to,

torture and criminal acts punishable with the death penalty.

The foregoing

treaty is an outcome of serious criminal

matters wherein the accused leave the country post committing an offence in either of the states. It is a move

that could pave the way for the forceful return of the famous Gupta Brothers

who has been declared as “Fugitive from Justice” by South African Court.

The Gupta Brothers Case

The Indian brothers, who are among one

of the richest South Africans are under

investigation for alleged corruption. A public inquiry was initiated against

them for corruption along with the

scandal-tainted erstwhile president of South Africa, Jacob Zuma. The investigations were initiated to gather evidence which will prove that the former

president organized pillage of

government-owned coffers and allowed them to select ministers which are known as “State Capture”. A minister has

given testimony against the parties involved in the concerned scandal. The brothers

fled to UAE in early 2018 as criminal investigations for alleged corruption was

accelerated.

It is

believed that international criminal justice strikes for a balance

between respecting a states’ sovereignty and integrity of the territory. The

correct and adequate procedure for a state (the requesting country) is to

request another state (the requested

states) for mutual collaboration and cooperation for mutual assistance in legal

matters in gathering evidence and extradition of an accused. A perpetrator can be extradited if the requesting state complies

with the extradition agreement and the domestic laws of the requested country.

Thus, in the present circumstances, the UAE courts will determine, whether the

request for extraditing Gupta brothers should be considered or not on the

grounds if it complies with the extradition treaty as well as the domestic

laws. The treaty signed between the two

states determine the types of offences in

which extradition will be possible and the instances under which the requested state can refuse it.

The Treaty Itself

The preamble of the treaty reaffirms

the parties’ concerns towards the magnitude of the offences such as international terrorism and other crimes of

serious nature. It further states that the parties agree to extradite persons

hiding in their country who have been charged under or are convicted of an offence

for which they can be extradited. Such offences are certainly punished under the

domestic laws of both the countries, by way of

imprisonment for a period not exceeding 1 (one) year or for a more serious

penalty.

In addition, the treaty empowers the requesting

country to seek extradition in the cases involving violation of laws pertaining to taxation, customs duty, and

foreign exchange. In such cases, the extradition will be granted in if the

requested country do not have the same laws or laws for such offences. However, the request for extradition

will be rejected by either country if the offenses

committed by the accused is of political nature or any other offense which is in violation to the law of

military of either country.

An extradition treaty makes it easier

for countries to extradite people who are

hiding in another country. However, South Africa does not require an extradition

treaty with any country as there is a

specific extradition act and international mechanism which allows them to extradite people who are hiding in their state.

It is pertinent to highlight that the

treaty will be applied retrospectively with particular reference to the Gupta

Brothers’ case accused of collaboration with a former president of South Africa

and other senior-level government officials for corruption and state capture.

With the treaty in place, the proceedings for the concerned case can begin, and the accused can be brought in the country

to face criminal charges.

The South African Ministry has also

received eight other requests for mutual collaboration with other countries in

criminal matters and obtaining shreds of evidence for criminal proceedings.