Extradition can be described as a sequence of change documents through
diplomatic channels between authorities seeking handover of an alleged criminal
who committed a crime in the requested state and absconded. Extradition is a
blended process of legal provisions along with political.
The requests for extraditions are raised by one judicial department of one
country and communicated through political ways to another country subject to
legal sovereignty. Although, extradition requests are now not uncommon, yet
extradition of nationals are strongly contradicted as it opposes the
constitution of the state.
Extradition requests are made in accordance with international conventions,
bilateral treaties or special agreements entered by two countries to extradite
the alleged criminal. Such conventions or treaties are extraordinarily
important, in particular because of globalization and ease in international
Pertinently, UAE is a signatory to United Nations Convention Against Corruption
and various other bilateral treaties for extraditions. Under worldwide law
standards, there's no duty for one jurisdiction to surrender a desired criminal
to any other country. However, to fight against international crimes, it has
been essential to sign bilateral treaties and conventions for extradition.
Nevertheless, the current topic for this article is to highlight 5 legal
defences available against extradition requests mentioned in the below
Under UAE Legal perspective, extradition requests are not a political order but
a judicial order contingent on the review of supreme courts. The requests for
extradition are usually reviewed considering Federal Law Number 3 of 1987
regarding Criminal Procedure Code and Federal Law Number 17 of 1972 on Residency
Law of UAE and its Executive Regulations.
In addition, the extradition request follows the following procedure:
a. The Attorney General of requesting country submits a request to the Ministry
of Justice of the requesting country;
b. The request is thereafter submitted to Ministry of Foreign Affairs of
requesting country through the Ministry of Justice of such country, subsequently
a request to the Embassy of the receiving country;
c. The embassy of the receiving country passed the request to the Ministry of
Foreign Affairs and followed by the Ministry of Justice of the receiving
Following are 5 pertinent legal defences available against the extradition
requests witnessed in UAE:
1. Conflict in Jurisdiction: This defence is available in circumstances where
two different jurisdictions contradict in making a certain decision over the
extradition requests. In such cases, the request extradition may be rejected.
2. Lack of criminality: any criminal will only be extradited if his actions are
considered as an offence in both countries.
3. Political Protection: The request for extradition may be rejected in cases
where the individual holds dual nationality, which preserves diplomatic
protection to the individual.
4. Differentiating views: if there is a conflict in the views of two countries
with regards to human rights and penalties imposed, there is a possibility that
the request may be rejected.
5. Interference in political affairs: the extradition request can be frustrated
if the request seems to interfere with the domestic affairs of the receiving
country as well as might increases political tension among nations.