Interpol, International Criminal Law, Extradition and More
Advice from a Criminal Defense Lawyer in UAE
International Criminal Law UAE
Being accused of a crime is never a pleasant experience. And it gets even more complicated if that crime was allegedly committed across national boundaries. In such cases, you need a lawyer who understands and is experienced in dealing with the uniqueness of international criminal investigations and prosecutions.
At Amal Khamis Advocates, we have achieved various successful results in international criminal defense cases. Our criminal defense lawyers have the knowledge and experience to handle issues relating to international criminal defense.
In this article, we will examine international criminal law and why you need a lawyer who knows the ropes.
What is the Interpol?
The International Criminal Police Organization (Interpol) is an inter-governmental organization. Officially founded in 1923, it currently has 194 member countries. Its major purpose is to serve as a platform through which police from all over the world can unite to fight crime and make the world safer.
The Interpol connects and coordinates a network of police and experts on crime from all over the world. The head office is known as the General Secretariat located in Lyon, France.
In each of its member states, there are INTERPOL National Central Bureaus (NCBs). These bureaus are operated by national police officials.
Interpol aid in the investigation and forensic data analysis of crimes, as well as in tracking down fugitives of the law. They have central databases containing extensive information on criminals that are accessible in real-time. Generally, this organization supports nations in their fight against crime.
The major areas of focus are cybercrime, organized crime, and terrorism. And since crime is always evolving, the organization also tries to develop more ways to track down criminals.
The Interpol Notice
This notice is a request by the law enforcement of a country, asking for help from other countries to solve a crime or catch a criminal. Without this notice, it is impossible to track criminals from one country to the next. The notice includes sharing information and use of manpower; everything needed to get the job done.
There are about seven kinds of Interpol notice including:
- Orange: When an individual or event poses a threat to public safety, the host country issues an orange notice. They also provide whatever information they have on the event or on the suspect. And it is the responsibility of that country to warn Interpol that such an event is likely to occur based on the information they have.
- Blue: This notice is used to search for a suspect whose whereabouts are unknown. The other member states in Interpol conduct searches till the person is found and the issuing state is informed. An extradition can then be effected.
- Yellow: Similar to the blue notice, the yellow notice is used to locate missing persons. However, unlike the blue notice, this is not for criminal suspects but for people, usually minors who cannot be found. It is also for persons who are unable to identify themselves due to mental illness.
- Red: The red notice means that there was a severe crime committed and the suspect is a dangerous criminal. It instructs whichever country the suspect is in to keep an eye on that person and to pursue and arrest the suspect till the extradition is effected.
- Green: This notice is very similar to the red notice with similar documentation and processing. The main difference is that the green notice is for less severe crimes.
- Black: The black notice is for unidentified corpses who are not citizens of the country. The notice is issued so that any seeking country will know that the dead body is in that country.
- Children Notification: When there is a missing child or children, the country issues a notice through Interpol so that other countries can join in the search.
The red notice is the most severe of all the notices and issuance can cause ripple effects among nations of the world. It shows that the person is a threat to public safety and should be handled as such. The goal of a red notice is usually an arrest and extradition. At this point, a good question to ask would be, what is extradition?
What is an Extradition?
Under international law, extradition is the process in which one country transfers a person to another country for prosecution or punishment for offenses committed in the latter country.
This generally happens when the person committed a crime in the requesting state but escaped to the host state.
The concept of extradition is different from deportation, expulsion, or banishment. All these connote the forceful removal of persons but under different circumstances.
Persons who are extraditable include:
- those who have been charged but not yet faced trial,
- those who were tried in absence, and
- Those who were tried and convicted but escaped prison custody.
The UAE extradition law is governed by Federal Law No. 39 of 2006 (Extradition Law) as well as the extradition treaties signed and ratified by them. And where there is no extradition treaty, law enforcement will apply local laws while respecting the principle of reciprocity in international law.
For the UAE to comply with an extradition request from another country, the requesting country must meet the following conditions:
- The crime that is the subject of the extradition request must be punishable under the laws of the requesting country and the penalty must be one that restricts the offender’s freedom for at least one year
- If the subject matter of extradition relates to the execution of a custodial penalty, the remaining unexecuted punishment must not be less than six months
Nonetheless, the UAE may refuse to extradite a person if:
- The person in question is a UAE national
- The relevant crime is a political crime or is related to a political crime
- The crime relates to the violation of military duties
- The intent of the extradition is to punish a person due to their religion, race, nationality, or political views
- The person in question was subjected to or may be subjected to inhuman treatment, torture, cruel treatment, or humiliating punishment, in the requesting country, which does not pertain to the crime.
- The person was already investigated or tried for the same crime and was either acquitted or convicted and has served the relevant punishment
- The UAE courts have issued a definitive judgment concerning the offense which is the subject of extradition
Contact an International Criminal Defense Lawyer in UAE
Not every criminal defense lawyer in the UAE has the necessary experience and knowledge to handle international criminal matters. Such cases usually involve negotiations with the federal government, as well as foreign governments in cases of extradition.
Also, the laws regarding extradition, Mutual Legal Assistance Treaties, criminal warrants, and other related issues in multiple countries are complex. As such, it is crucial that you have a lawyer who has a proven track record in handling international criminal issues.
Our attorneys at Amal Khamis Advocates are experienced and skilled at fighting international extradition matters to protect our clients. With our experience, your future is preserved as we will ensure that the case is in your favor. We are a highly professional Criminal Law Firm, specializing in Criminal Defense Law and related matters. Get in touch with us today for any extradition, Interpol notices or international criminal law cases.