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Abu Dhabi, UAEWednesday 19 September 2018

UAE legal Q&As: Can my father be extradited from the country while serving a prison term?

A reader asks if his father, who is serving a jail term in the UAE, can be extradited to another country and another reader asks what the different coloured notices from Interpol mean

My father has four months left on his prison sentence in the Emirates but another country has requested the UAE for his extradition. Will he be extradited?

The terms of extradition from the UAE are laid out under the law and these conditions have to be met for any successful extradition from the UAE to another country.

As per Federal Law No 39 of 2006 governs the extradition of criminals, yerms and conditions to be applied when delivering a suspect are set out in Article 7 of Law No. 39 these state that:

If a criminal’s remaining sentence is less than six months in prison, the UAE will not give him back to the requesting country. In addition to this, it also states that where a criminal escapes from prison - for example, comes to the UAE - the UAE will only give him back where he has six months or more imprisonment to complete.

This means that any outstanding sentence on the suspect that is less than six months of time, chances are the UAE shall not extradite that person, as it does not meet the condition contained in the law.

Under these circumstances, there is a good chance that your father shall remain in the UAE and not be extradited to the other country.

What is the difference between the red notice and the blue notice from Interpol? My friend has been informed that Interpol has issued a notice but they cannot confirm if it is red or blue.

Interpol issues various kinds of notices depending on the nature of the crime and its resulting seriousness. These are divided into Red, Blue, Green, Orange, Yellow, Black and children’s Notices.

The red notice means the suspect is a serious criminal and allows the member country to pursue the suspect, keeping an eye on them and temporarily arresting them until their country asks for their delivery through diplomatic ways. This is the most serious notice issued by Interpol and is used only for persons having committed very serious crimes.

The blue notice is used when the country is looking for a suspect, and they do not know where they are and are unaware of the suspect’s location. A blue notice is sent through Interpol, and the country where the suspect resides informs the other country that the suspect is in their borders. Having satisfied the general conditions of Extradition, the country then conducts a search of such a suspect inside its borders.

If you have a question for our lawyer, please email it to media@professionallawyer.me with the subject line “Know the law”.

Our legal consultants

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

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