Introduction
The Extradition Treaty between the United Arab Emirates (UAE) and Ireland represents a landmark in bilateral legal cooperation. Signed to enhance justice and accountability across borders, the Treaty establishes a structured process for surrendering individuals accused or convicted of crimes. By setting out clear obligations, defining extraditable offences, and outlining grounds for refusal, the agreement ensures that justice is served while upholding fundamental rights and protections. Coming into force on 18 May 2025, this Treaty underscores the commitment of both nations to strengthen the global fight against crime through mutual trust and legal collaboration.
Extradition Treaty between UAE and Ireland
Extradition refers to the legal process of handing over a person accused or convicted of a crime to the country where the crime took place. The extradition agreement between the United Arab Emirates and Ireland (“Extradition Treaty”) officially came into effect on 18 May 2025. Below is an overview of its main provisions.
Obligation to Extradite
Under the Treaty, both countries are required to extradite individuals found in their territory if the other country requests them for prosecution, trial, or to serve a sentence for an extraditable offence committed within the requesting country’s jurisdiction.
Extraditable Offences
According to Article 2 of the Treaty, extradition can be requested in the following cases:
- When the request relates to a criminal offence that is punishable in both countries by at least one year of imprisonment.
- When the request is to enforce a final sentence for an offence punishable in both countries, provided that at least six months of the sentence remain to be served.
When assessing whether an offence is punishable in both countries, the overall conduct of the offence will be considered—not the specific classification or terminology used in either country’s laws.
Additionally, offences involving taxes, duties, customs, or exchange control are also extraditable. Extradition can also be granted for crimes committed outside the requesting country’s territory, provided that the requested country’s laws allow prosecution for similar offences committed abroad.
Mandatory Grounds for Refusal
Extradition will not be granted in certain circumstances, including:
- When the offence is considered political in nature.
- If there are reasonable grounds to believe the request was made to prosecute or punish someone based on race, religion, ethnicity, nationality, language, or political opinion.
- If the person’s trial was unfair, or if they risk torture or inhuman treatment in the requesting country.
Importantly, UAE and Irish citizens cannot be extradited by their own countries. Instead, upon request, the accused will be prosecuted in their home country under its laws, using evidence provided by the requesting country.
Provisional Arrest
The Treaty also allows for provisional arrest before a formal extradition request is made. Such a request must be in writing, containing key details about the person, the offence, and the urgency of the arrest. The requested country must act swiftly to secure the arrest and inform the other side. However, if no formal extradition request follows, the person must be released.
Confidentiality
Article 18 requires both countries to maintain strict confidentiality regarding all documents and information related to extradition proceedings, in line with their national laws.
Protection of Personal Data
Article 20 ensures that personal data shared between the UAE and Ireland under this Treaty will be used only for extradition purposes. Both countries must guarantee the accuracy of the data and protect it from unauthorised access, alteration, loss, or misuse.
Conclusion
The UAE-Ireland Extradition Treaty marks a significant step in strengthening international cooperation and the rule of law. By establishing clear procedures and safeguards, it paves the way for more efficient handling of extradition matters between the two nations in the years ahead.
In essence, the UAE-Ireland Extradition Treaty goes beyond a legal arrangement—it is a commitment to shared values of justice, fairness, and human rights. With its detailed provisions on obligations, safeguards, and protections, the Treaty balances the need for accountability with the preservation of individual freedoms. By reinforcing cooperation between two jurisdictions with distinct legal systems, it not only streamlines extradition procedures but also sets a precedent for future international agreements aimed at combating transnational crime.
