The United Arab Emirates is a signatory of the Riyadh Arab
Convention on Judicial Cooperation for Oman, Qatar, Saudi Arabia,
Bahrain, Iraq, Algeria, Jordan, Kuwait, Lebanon, Libya, Tunisia and
Morocco. In addition, the UAE has entered into bilateral treaties
for judicial cooperation with the United Kingdom, France, India,
Pakistan, Iran, Australia, China, Egypt, Kazakhstan and many others.

Similarly, India has signed extradition treaties with 43 overseas
nations. It has extradition preparations with nations resembling
the UAE, Antigua and Barbuda, Croatia, Fiji, Italy, Papua New
Guinea, Peru, Singapore, Sri Lanka, Sweden, Tanzania and lots of
others.

The UAE has issued federal legislation no. 39 of 2006 on the ‘Mutual
judicial cooperation in prison issues’ which contains the
‘Extradition legislation’ of the UAE. In 2012, the UAE additionally
ratified the extradition treaty facilitating the switch of
prisoners between the Gulf states and India.

Pursuant to the extradition treaty signed between the 2
nations, each nations have agreed handy over fugitives who
have dedicated an offence to the requesting Country the place the
offence was dedicated.

The bilateral treaty solidifies that each jurisdictions refuse
to foster criminals and to cooperate absolutely by way of extradition
requests.

Specific Extradition Process in India with Extradition
Treaty:

Extradition course of refers to an motion whereby one sovereign
jurisdiction (requested State) delivers an individual both acquitted
or convicted of a global crime to the legislation enforcement of
one other jurisdiction (requesting State) upon their official
request. Compliance with an extradition request entails
transferring the bodily custody of the accused particular person to the
acknowledged authorized authority of the requesting jurisdiction.

As acknowledged above, India has signed extradition treaties with nearly
forty-three nations. The extradition course of varies primarily based on the
issue as as to if there exists an extradition treaty between
India and the Country making the extradition request. Therefore, if
an extradition request is made by the UAE authorities to India, it
will proceed as per the next steps.

An extradition course of may be accepted in India as soon as it’s
acquired by both:

• Direct diplomatic channels or




• Red discover by Interpol

The steps and measures taken for extradition when there exists a
particular extradition treaty between India and the requesting
nations will probably be as:

• Receipt of Warrant: a warrant for arrest is issued by the
  requesting state as per the extradition treaty with India.

• Endorsement of Warrant: the central authorities shall proceed to
  endorse the warrant. Once this measure is accomplished, the fugitive
  may be arrested.

• The arrested fugitive is then offered earlier than the Justice of the Peace
  court docket, and the Justice of the Peace will affirm the arrest and notify the
  central authorities. The fugitive will probably be detained in jail pending
  additional orders from the central authorities.

• The closing steps will probably be taken by the central authorities to
  ship the fugitive to the authorities of the requesting
  state.

According to the settlement signed in 2011 between the UAE and
India for the ‘switch of sentenced prisoners, each nations
permit for the sentenced prisoners to be transported to their residence
nation for his or her imprisonment time period.

However, these provisions don’t apply when the crime in
query pertains to heinous crimes of homicide, drug abuse,
monetary fraud and many others.

The circumstances that should be met to ensure that a sentenced
prison to be transferred from the UAE to India or Vice versa:

• A minimal imprisonment time period of at the least six months ought to be
  pending.




• A closing conviction ought to have been awarded towards the particular person,
  and no different instances ought to exist towards the mentioned particular person.




• The request for switch is confirmed by each the UAE and
  India.




• Tax and customs crimes might be topic to extradition if the
  similar act was criminalized in each nations.




• If the particular person was only a accomplice, then the request for the
  extradition might be accepted towards him

Question: Sometimes the prison legislation covers
acts which have been executed out of the nationwide territory as distinctive
guidelines though the prison legislation solely applies to the act within the
nationwide territory and in some uncommon instances the particular person might be
punished if the crime was dedicated exterior.

The query right here can the extradition be executed or requested on
the premise of a criminal offense executed out of the territory?

Answer: Yes, that might be executed. However, the
requested nation may take the choice in gentle of the
circumstances and hazard of the crime.

Question: Could the extradition be executed on the
foundation of political crimes?

Answer: It is topic to the ability of the
requested nation whether or not to execute the extradition for political
rights or not and Article No. 6 of the treaty provides the ability to
the requested nation to refuse the extradition in the event that they imagine
that the crime is political.

Question: What occurs if the requested nation
receives a couple of extradition request from completely different nations
on the similar time?

Answer: According to Article No. 12 of the
signed treaty, the precedence in such instances shall be given to:

1. The nation that confronted injury due to the crime and such
   injury affected the nationwide safety curiosity of their residents,
   then




2. The nation the place the fee of the crime has been executed on
   their land or territory, then




3. The nation the place the accused belongs by nationality.

After executing extradition, the particular person shall not be delivered
to a 3rd nation with out the approval of the requested
nation.

If the particular person received detained whereas the investigation is occurring
earlier than the extradition is executed, then such detention interval
shall be deducted from the sentence.

Exceptions to Extradition Requests:

Both India and UAE don’t permit extradition requests for his or her
nationals.

However, in such cases, the accused can nonetheless be tried in
one jurisdiction primarily based on the case instituted within the different. With
the current adjustments imparted within the extent of judicial cooperation
between each nations in 2020, India now accepts direct execution
of the ultimate judgment issued by a UAE civil court docket regarding civil
or monetary issues.

The content material of this text is meant to offer a basic
information to the subject material. Specialist recommendation ought to be sought
about your particular circumstances.