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 United Kingdom, France, India, Pakistan, Iran, Australia, China, Egypt, Kazakhstan etc.
Similarly, India has signed extradition treaties with 43 foreign countries. It has extradition arrangements with countries such as the UAE, Antigua and Barbuda, Croatia, Fiji, Italy, Papua New Guinea, Peru, Singapore, Sri Lanka, Sweden, Tanzania and many others. The UAE has issued federal law no. 39 of 2006 on the ‘Mutual judicial cooperation in criminal matters' which comprises the ‘Extradition law’ of the UAE. In 2012, the UAE also ratified the extradition treaty facilitating the transfer of prisoners between the Gulf states and India. Pursuant to the extradition treaty signed between the two countries, both countries have agreed to hand over fugitives who have committed an offence to the requesting Country where the offence was committed. The bilateral treaty solidifies that both jurisdictions refuse to foster criminals and to cooperate fully in terms of extradition requests.
Specific extradition process in India with extradition treaty:
Extradition process refers to an action wherein one sovereign jurisdiction (requested State) delivers a person either acquitted or convicted of an international crime to the law enforcement of another jurisdiction (requesting State) upon their official request. Compliance with an extradition request involves transferring the physical custody of the accused person to the recognized legal authority of the requesting jurisdiction.
As stated, above India has signed extradition treaties with almost forty-three nations. The extradition process varies based on the factor as to whether 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 following steps.
An extradition process can be accepted in India once it is received by either by :