What does UAE & Pakistan Extradition Treaty Say?

Posted by Awatif Mohammad Shoqi Advocates & Legal Consultancy on April 7th, 2021

Extradition is a framework comprising of several procedures whereby one sovereign surrender an individual to another sovereign who is either a criminal or a fugitive offender. The conveyance of offenders is usually by virtue of treaties or bilateral agreements. However, in some cases, extradition occurs through comity as a matter of mutual benefit between the countries. In order to achieve world public order, sovereign tends to sign extradition treaties.

The extradition treaty between UAE and Pakistan is an outcome of maintaining such public order, and the terms of the concerned treaty are outlined in this article by Criminal Lawyers in Dubai. Both the countries signed the agreement in March 2004 wherein they agreed to extradite each other nationals found in their territories and are wanted in their country for offences committed in the territory of Requesting Party, provided that the offence is extraditable pursuant to the laws of both the states. This is in accordance with Article 1 of the Treaty.

The treaty highlights several cases under which the requesting country will be granted extradition, pursuant to Article 2 and 3 of the Treaty, which is as follows:

• If the act committed by the accused is punishable in both the countries for a period not less than a year;
• If the court of requesting state has passed judgment against the accused, even ex-parte, for the imprisonment of an interval not less than six months;
• If the evidence proves that pursuant to the laws of the requested state the accused has committed an offence for which the request is generated, or the person is convicted by requesting country;
• The accused shall not be extradited to another country without the prior consent of the requested party.

On the contrary, there are multitudinous cases under which the request for extradition shall be rejected by the requesting Party, highlighted as below:

• If the accused has committed a crime which is of political nature or if it appears from the request that the extradition if made in the view that the punishment will be for
  the political crime committed by the offender;
• If the accused has already been tried, convicted or acquitted in the Requested state or in any other country for which the extradition is sought;
• If the prosecution of the accused will be barred by time under the laws of the requested state;
• If the offender has already punished for the crime for which the extradition request has been submitted;
• If the individual is enjoying political security in the requested state;
• If the crime committed by the individual is a military crime;
• If the accused in being tried or convicted for another crime in the requested state and the extradition may defer his sentence;
• If the request is sought for the national of the requested state, it may be denied due to national laws of the requested state. In any event, if the requested party refuses
  extradition, it shall submit the list of all the crimes for which extradition is submitted.

The Treaty additionally under Article 5 defines the political crime for further clarity under Article 5 which states that “any crime or assault or an attempt to assault against the president of the country, head of the government or any member of the family or against the member of Supreme Council of United Arab Emirates or any family member will be considered as political crime. It further involves acts of terrorism as a part of political crimes.”

In addition to the foregoing, the requesting party shall submit all the relevant documents supporting the request for extradition which as is as follows, in accordance with Article 7 of the Treaty:

• Documents describing the identity, nationality of the individual;
• Facts of the crime and the history for which the extradition is sought;
• A statement including provisions of laws under which the said act is a crime in requesting country;
• Provisions of law defining the punishment for said crime;
• A copy of warrant order or arrest order against the accused;
• Relevant documents if the conviction of the individual was in absentia.

The Requested party, upon receiving the request for extradition will arrest the individual pursuant to the laws of UAE, until the competent authority decides on the request for extradition. The accused will linger in the custody of the government until the authority passes its decision. If the request is accepted, the accused will be surrendered immediately to the requesting party, and if the request is not accepted, he will be released, unless otherwise specified.

UAE and Pakistan have also signed a prisoner exchanged treaty in 2012, wherein the prisoners sentenced for more than six months will be at liberty to serve the rest of the term in their home country. The process will ensure rehabilitation and reintegration into their home country and will provide an opportunity to the family members to visit the accused.

Author

Al Rowaad Advocates and Legal Consultantancy is a full-service law firm in UAE, duly licensed to perform legal services and advocacy in the United Arab Emirates with a head office in Dubai and a branch office in Abu Dhabi.  Our firm serves and represents both local and expatriate companies and individual clients.