A representation, by Shri. P.K. Jabir, in view of the proposal for an Universal Extradition Treaty.
The representation of the petitioner, dated 24-11-1997 was submitted to the The President of India, The Ministry of External Affairs, Government of India, and The Embassy of United Arab Emirates, New Delhi-21.
A copy of the same was also handed over personally to Shri. K.R. Narayanan, the then President of India, when his official visit in Kochi, Kerala in 1999.
Petitioner's Photograph, May, 1999 [ Read Article 'India-UAE Extradition Treaty' ]
In short, the truth can be summed up as follows:- "Extradition is possible only between ‘commendable’ states, that is, towards countries in which the minimum standards of the state of law are respected"
The modern system of extradition depends upon an often ‘ad hoc’ network of bilateral treaties. Once a request for extradition is made by the authorities of one state to another, extradition becomes a matter for the domestic law of the requested state. Keeping this in view it is humbly submitted that we should not have any standing extradition arrangements with countries with deplorable Human Rights record and whose criminal justice system lack confidence. Extradition is, in fact, a part of international co-operation in supporting crime.
Extradition was by its nature a political tool, not an instrument of criminal law, for its aim was to repress political crime. Extraditing a national to a country like UAE to be a flogged by a criminal justice system which is beyond comprehension in its brutality, would be ignoring the well-settled principles of International Law.
In short, the truth can be summed up as follows:- “Extradition is possible only between ‘commendable’ states, that is, towards countries in which the minimum standards of the state of law are respected”. 'The representation of the petitioner, dated 24-11-1997'...Download the representation (PDF 522KB)
London court rejects UAE extradition request
The High Court quashed the British government’s decision to extradite Lodhi, a Pakistani businessman, citing the risk of torture or inhuman treatment in the UAE. The English High Court has ruled a fair trial is not possible for foreigners in the UAE & the UAE does not uphold human rights consistently.
Lodhi, who ran an equipment business in the 1990s in the emirates of Sharjah and Umm al-Quwain, claimed that a business dispute with influential members of the ruling family led to him being charged with making drugs. Lord Justice Laws and Mr Justice Ouseley ruled that there was a real risk that Mr Lodhi would have been tortured or subjected to inhuman treatment had he been extradited as requested.
His lawyers had pointed to concerns over human rights in the UAE raised by the case of Sheikh Issa bin Zayed Al Nayhan, a senior member of Abu Dhabi’s royal family, who was acquitted in January of torturing an Afghan trader in an attack that was videoed and posted on the internet.
According to the Financial Times (FT) reports, British judges’ rejection of a request from the United Arab Emirates to extradite a Pakistani man accused of drugs offences has dealt a blow to both countries’ efforts to combat financial crime. The UAE has an extradition agreement with the UK, it remains one of a handful of countries not to have signed the UN Convention against Torture.
UK and UAE Extradition Treaty - April 02, 2008
Extradition Treaty between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates on Extradition
Treaty entered into force on 2nd April 2008 allowing for extradition of prisoners from the UK to the United Arab Emirates (UAE), despite protests from human rights groups that the country engages in the flogging, execution and possible torture of prisoners. The treaty, which received no media attention when it was presented, allows the UK government to extradite anyone of its citizens for a crime which is punishable by one year or more in prison, as long as the request for the citizen is made by "a competent court in the requesting country".
But the US state department's latest annual human rights report stipulates the UAE judiciary is not fully independent. The judiciary was composed largely of contracted foreign nationals potentially subject to deportation. there is often no functional separation between the executive and judicial branches. "The constitution provides for an independent judiciary; however, in practice it was not independent, as decisions were subject to review by the political leadership," the report reads.
Extradition Treaty between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates, Download the Instruments of Ratification UK and UAE Extradition Treaty (PDF 352KB)
The Treaty between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates (UAE) is a bilateral agreement concerning extradition. The treaty allows extradition to be requested for any offence which attracts a maximum penalty of at least 12 months in both the UK and the UAE. The evidential requirements set out in the treaty mean that both the United Kingdom and the UAE must provide a prima facie evidential case against any person whom they wish to extradite. Extradition may be refused if (among other things) it would breach a person’s human rights. The treaty also contains a provision which allows for the refusal of an extradition request on the grounds of nationality. This provision can only be used, however, if the requested state agrees to take over the prosecution of the person for the offences for which their extradition was sought.
The Secretary of State for the Home Department has overall responsibility for policy on judicial co-operation. Scottish Ministers and the Lord Advocate also have an interest. The Secretary of State for Foreign and Commonwealth Affairs has overall responsibility for UK policy relating to the UK’s relations with the UAE.
POLICY CONSIDERATIONS GENERAL
There are currently no formal extradition arrangements between the UK and the UAE; however, there are a number of international conventions that establish arrangements for conduct covered by certain conventions that both countries are party to. This Treaty is one element in a package of crime-fighting measures that were signed on 6 December 2006. The UAE is a key partner for the UK, in particular in work on financial crime - including money laundering, VAT fraud, counter narcotics and counter-terrorism. This package of measures will enhance our ability to work in close co-operation with the UAE on these important issues.
India and UAE Extradition Treaty
The extradition treaty was signed at New Delhi between India and the United Arab Emirates came into force on 25th October, 1999 with the exchange of the instrument of ratification between the two countries. Under its provisions, the two countries shall extradite any person found in their respective countries, accused or convicted of an extraditable offence. ... ...Download the Treaty – Both in English and Hindi (PDF 675KB)
Criminals For Seats!
Emirates Airlines, the national carrier for the United Arab Emirates, has approached New Delhi with an ambitious plan to more than double its seats in the India sector over the next five years. View at: Criminals For Seats!.
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