An extradition request and the immanent threat to personal freedom and – depending on the situation – also to physical integrity represent an enormous emotional burden for those affected and their environment, but at the same time, also a special legal challenge.
Schlun & Elseven is an internationally active law firm specializing, among other things, in the representation of clients in extradition proceedings. Our extradition lawyers have the necessary expertise and years of experience in dealing with Interpol and the extradition authorities to represent you with competence and commitment during this difficult time. We not only deal with clients who are to be extradited from or to Germany. We also take care of the cancellation of Interpol Red Notices, regardless of which country initiated them.
Even if there is no extradition agreement between Germany and the UAE, this does not mean that no extraditions are made between the two states. Whether extradition can take place depends on the general extradition requirements, which in Germany are specified in the IRG, the Law on International Mutual Legal Assistance in Criminal Matters.
Although there is no extradition agreement, both states signed a so-called declaration of intent in 2019. This assured, among other things, that there should be cooperation on security issues regarding all forms of terrorism.
Extradition of German Citizens to the UAE
As a matter of principle, Germany does not extradite its own citizens to third countries such as the UAE. Third countries are those that do not belong to the EU. German citizens are protected from extradition to third countries by the constitution. According to Article 16 (2) GG, extradition to another EU state or to an international court of justice is possible by way of exception, provided that the principles of the rule of law are upheld.
Extradition of non-German EU Citizens to the UAE
Extradition of EU citizens to third countries is possible. In 2016, the ECJ ruled in the Petruhhin case that such extradition does not violate the general prohibition of discrimination under Article 18 TFEU in conjunction with the free movement of a person under Article 21 TFEU. In 2018, the judgment in the Pisciotti case confirmed this interpretation of Articles 18 and 21 TFEU. However, the Member State to which the person concerned belongs has a priority right to have its own citizen transferred. For this purpose, it must be informed before extradition to a third country can take place.
Extradition Requirements under the IRG
Any foreigner who has committed a punishable offence abroad can be extradited. According to Section 2 (3) IRG, a foreigner is any person who is not a German citizen within the meaning of Article 116 (1) GG.
Political motives, military breaches of duty and criminal prosecution based on personal characteristics, such as religious affiliation, are not permissible grounds for an extradition request. Extradition on such grounds is inadmissible, Sections 6 and 7 IRG.
Furthermore, extradition under Section 11 IRG is only granted if it is guaranteed that the person concerned will not also be punished for other offences committed before the transfer. However, such a punishment can occur if the requested country agrees.
Further extradition, transfer, or deportation to a third state may only occur with the requested country’s consent. Extradition is only permissible if the person concerned is allowed to leave the requesting country again after serving a sentence, Section 11 (3) IRG.
Potential Problems of Extradition to the UAE
Death Penalty
In the UAE, the death penalty is imposed for some crimes. Extradition can only lawfully occur if an assurance is given that it will at least not be carried out, Article 8 IRG. This also means that extraditions can be made even though the offence in question is generally punishable by death in the United Arab Emirates.
Human Rights
Torture and treatment that would violate human rights preclude extradition from Germany under Article 3 ECHR.
According to reports by Amnesty International, arbitrary detentions were carried out in 2021 and detainees were treated cruelly and inhumanely. After serving their sentences, detainees continued to be held, sometimes for years. There is a lack of hygiene products in the prison cells, and detainees are not allowed to have personal belongings. In addition, prisoners are forced to strip naked.
Homosexuality and any extramarital sexual activity are illegal and punishable by at least 1-year imprisonment. The death penalty may be imposed for homosexual acts.
Civil and Women’s Rights
Freedom of expression or freedom of the press is practically non-existent in the UAE. Critical journalists often face heavy prison sentences. The international NGO Reporters Without Borders ranks the UEA 138th out of 180 in a press freedom ranking.
The right to privacy is not particularly respected in the UAE either. The reports on extensive cyber surveillance that helps the government track down political opponents and critics are still growing daily.
In 2021, Human Rights Watch submitted a report on eliminating discrimination against women to the United Nations, of which the UAE is a member. The report specifically criticized the fact that women still need the consent of their male guardians in many everyday transactions.
Practice Group: German Extradition & Interpol Law
Practice Group:
Extradition & Interpol Law
Contact our German Extradition & Interpol Lawyers
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
