To print this article, all you need is to be registered or login on Mondaq.com.
Introduction:
Extradition is a legal process through which one country
surrenders an individual to another country for prosecution or
punishment for crimes committed in the requesting country.
The Agreement on Extradition between the UAE and the Kingdom of
Denmark, signed on the 17th of March, 2022, establishes the
framework for extradition between these two nations. This agreement
outlines the procedures and conditions under which individuals can
be extradited between the UAE and Denmark.
This article aims to provide an in-depth overview of the
extradition process outlined in the agreement.
-
Request for Extradition:
When one country seeks the extradition of an individual from
another country, the request may be made in writing through
diplomatic channels as outlined under Article 7. The request may
include detailed information such as the name and nationality of
the individual, a description of the offence, supporting legal
documents, and any relevant evidence. -
Grounds for Extradition:
Article 2 stipulates that extradition may be granted if the offence
carries a minimum one-year imprisonment sentence in both countries.
Additionally, extradition is permissible for offences committed
outside the requesting country’s territory if similar crimes
are prosecutable in the requested country (Article 2(4). -
Exceptions to Extradition:
There are several circumstances under which extradition may be
refused, as outlined in Article 3. These include offences deemed
political (Article 3(a), concerns about the individual’s rights
or safety (Article 3(e), or if the requested country has already
prosecuted or acquitted the individual for the same crime (Article
3(g). -
Provisional Arrest:
Article 12 allows, in cases of urgency, the requesting country to
request the provisional arrest of the wanted person through
concerned central authorities or The International Criminal Police
Organization (Interpol) or other channels agreed upon by the two
countries. The requested country must promptly notify the
requesting country of the outcome of the request. If the requested
country does not receive an official extradition request within a
specified time frame, the provisional arrest becomes invalid under
Article 12(4). -
Decision on Extradition:
Article 9 states that, upon receiving an extradition request, the
requested country must promptly notify the requesting country of
its decision. If extradition is granted, the two countries may
agree on the timing and logistics of the extradition (Article
14). -
Confidentiality and Cooperation:
Both countries agree to keep the extradition process confidential
and cooperate with each other per the terms of the agreement
(Article 22). Any disputes arising from interpreting or applying
the agreement will be settled through diplomatic channels. -
Entry into Force and Termination:
The agreement enters into force 30 days after the exchange of
instruments of ratification (Article 24). Either country may
terminate the agreement with written notification through
diplomatic channels, with termination taking effect 6 months after
the notification as per Article 24(4).
Conclusion:
The extradition process between the UAE and the Kingdom of
Denmark is governed by a legal framework that aims to ensure
cooperation between the two countries while respecting the rights
of the individuals involved.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Criminal Law from Worldwide
#Extradition #Process #UAE #Denmark #Crime