With the ratification of the extradition treaty Italy Dubai United Arab Emirates, approved in Italy by the Council of Ministers starting from 22 February 2018, the intention was to intensify international judicial cooperation in criminal matters between these two States, in order to make it even more effective the fight against international crime in relation to crimes committed in these States.
The purpose of the extradition treaty, in fact, is precisely to create a vast area of cooperation between the judicial authorities of Italy and those of the United Arab Emirates in crime-fighting matters, thus going so far as to regulate in a timely manner the matter of extradition between these two states and thus the matter of the surrender of persons subject to criminal proceedings in either of the two states against whom a precautionary measure has been applied, or against whom a final judgment of conviction has been ordered.
You must know, in fact, that the extradition procedure is ordered when a person must be transferred from one State to another in order to be subjected, in this state, to criminal proceedings (in the case of the so-called procedural extradition), or in order to execute a definitive sentence in this state (in the case of the so-called executive extradition).
Normally, even before initiating extradition proceedings, a search for the person will start in the international context through the issuance of an Interpol red notice, and this is done in order to request all police forces present in the various states that are part of the Interpol system to locate the person in the territory of their own state, thereby requesting that this person be placed under arrest in order to proceed with the establishment of extradition proceedings and the subsequent surrender of the person.
Once the person has been arrested, therefore, an extradition procedure will be opened in which the surrender of the person to the requesting state may be ordered or refused.
If you have an extradition problem, or if you believe you are being sought internationally and want to know how to request the cancellation of an Interpol red notice, I recommend that you read this article carefully in which I will explain in detail what Interpol red notices are and how to request the cancellation or suspension of red notices.
In any case, let’s see now, in detail, what the extradition treaty Italy UAE provides, what are the crimes for which extradition can be requested and how to behave in the event that the extradition request comes from one of these two states.
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Which states are part of the Italy-UAE extradition treaty?
The extradition treaty, as is obvious, refers to the international relations on judicial cooperation existing between Italy and the state of the United Arab Emirates, and therefore it will find application, in addition to Italy, in all seven of the Emirates that make up this state, namely, Abu Dhabi, Ajman, Dubai, Fijaira, Ras al-Khaima, Sharja and Umm Al-Qaywain.
When does the Italy UAE extradition treaty apply?
As I was telling you before, the Italy-UAE extradition treaty is a bilateral agreement between the two states that applies in the event that a person commits a crime in one of the two states and is subject to arrest in the other state because of an international arrest order.
Let me give you an example so that you can better understand: in the event that you commit a crime in the United Arab Emirates and you are arrested in Italy for this crime, extradition proceedings will be opened in Italy in which Italy will have to decide whether to arrange for your surrender to the state of the United Arab Emirates, Italy therefore being obliged to apply for the decision on extradition the principles enshrined in the extradition treaty existing between these two states.
Conversely, in the event that you commit a crime in Italy and you are in the United Arab Emirates, once you are arrested in this state, extradition proceedings will be opened in which the State of the United Arab Emirates will have to decide whether to accept or refuse the request for surrender made by Italy.
Therefore, in the event that any of the conditions I have represented to you above should occur, it is advisable to contact an extradition lawyer Italy United Arab Emirates from the outset, with specific expertise in the field of extradition and international law, in order to avoid that your delivery can be arranged.
What does the extradition treaty provide?
The Italy-United Arab Emirates extradition treaty, as I told you before, regulates international relations between the Italian Judicial Authorities and those of the Arab Emirates in the matter of extradition, and therefore in the matter of judicial cooperation between these two states, regulating the cases in which extradition may be ordered and what are the reasons why the extradition request may (or must necessarily) be denied by one of these two states.
Once the arrest of the person in Italy or the United Arab Emirates has been ordered, as I told you before, the extradition procedure will begin.
The extradition request, with all the supporting documentation, must be transmitted through the Central Authorities of the two countries which, specifically, will also have the task of initiating a dialogue between the parties during the entire extradition procedure and proceeding sending the documentation that may be requested by the judicial authorities of the two states.
Once the request has been received, in fact, the extradition procedure will begin in which the Judicial Authorities of the State to which the request is made will have to decide whether or not to consent to the delivery of the requested person and, to do this, they may also need to request further information or documents on the elements that led to the request for extradition, on the conditions of detention, etc.
In fact, you must know that, in order to grant extradition, it is necessary that the fact/crime for which the request for extradition was made is considered a crime in both States (so-called principle of double criminality), being therefore absolutely logical to think that, in the event that this fact constitutes a crime only in one of the two states, the surrender cannot be ordered.
You must also know that it makes no difference whether the person against whom the extradition request is made is a citizen of the state to which the request is made (for example an extradition request made to Italy against an Italian citizen), since it is expressly provided for in the bilateral treaty that each State may extradite even its own citizens, also having to undertake, in case of refusal to surrender, to directly execute the sentence.
If, on the other hand, extradition is requested in relation to a crime in tax matters, the principle of double criminality will not apply, as surrender may be ordered even if the law governing the matter differs from one state to another.
What are the penalty limits for which extradition can be requested between Italy and the United Arab Emirates?
The Italy-UAE extradition treaty expressly provides for penalty limits, below which the surrender of the requested person cannot be ordered.
Well, in the case where the extradition request is made in relation to a crime for which only a precautionary measure has been ordered (so-called procedural extradition), the surrender of the person may be ordered only if the fact/crime is punished in both states with imprisonment for a period of not less than one year.
In the case, on the other hand, where the request for extradition is made in reaction to a conviction that is already enforceable, and thus in the case where the criminal proceedings have already ended, the surrender of the person may be ordered only in the case where the remaining sentence still to be enforced is more than six months’ imprisonment.
What are the cases in which extradition must necessarily be denied?
The Italy-UAE extradition treaty expressly provides for the existence of cases in which extradition must necessarily be denied, therefore the surrender of the requested person cannot be ordered.
Specifically, these are cases in which proceedings are taken against the person requested for a political or military crime, cases in which the request for extradition is formulated for reasons of persecution based on reasons of race, nationality, religion, language, political opinions, etc., of cases in which the request for extradition could compromise the sovereignty, security or public order of the other State.
Furthermore, the request for extradition must necessarily be denied if the requested person has already been judged for the same fact on which the request for extradition to the other State is based (principle of the so-called ne bis in idem), or in the in the event that in the requesting State of extradition, or in the State to which the request for extradition is made, there is a cause for extinction of the crime or sentence.
Finally, the request for extradition must be refused in the event that the requested person runs the risk of being subjected to torture, illegal, inhuman or degrading treatment or if the death penalty may be applied to him.
In this last case, extradition to Italy and the Arab Emirates can be granted only if the State undertakes not to carry out the death penalty and to commute it with a prison sentence with a final decision that must be communicated to the other State through the Central Authorities.
What are the cases in which the choice to deny extradition is optional?
The extradition Italy United Arab Emirates treaty expressly provides for cases in which the refusal of the extradition request may be optional, and therefore it will be the judicial authorities of the various states that will have to assess the existence of certain conditions to consent or not to the extradition request.
Specifically, these are cases in which the State to which the request for extradition is made claims its competence to decide on the crime for which the extradition was made, or the case in which the person against whom it is formulated the extradition request is subject to criminal proceedings, for the same facts, in the State to which the extradition request is made.
In addition, the extradition request may be denied even when there are humanitarian reasons such as, for example, the age of the person requested or even the health conditions of the same.
Why rely on an extradition Italy United Arab Emirates lawyer ?
In the event that you are subjected to an extradition Italy United Arabs Emirate proceeding, it is very important to turn to a lawyer who has specific expertise in extradition and international law from the outset, so that can be guaranteed to you the right of defense in extradition proceedings from the first moment.
You must understand, in fact, that extradition proceedings are particularly complex and require specific legal knowledge, therefore, in the event that extradition proceedings are initiated between these two states, it is advisable to rely on a competent Extradition Lawyer Italy UAE, who is well acquainted with the legal subject matter dealt with so that, from the first moment, there is the maximum guarantee of the right of defense, arranging the most appropriate defense strategy for the specific case.
We have already dealt with and resolved several trials with reference to this matter.
Read more of our articles on this subject and you will understand that we specialize in extradition proceedings:
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