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Criminal Defense

Extradition to and from Dubai – A Dangerous Legal Grey Area?

The United Arab Emirates—especially Dubai—is seen by many as a luxurious haven: sunshine, tax freedom, anonymity. A place seemingly far from the reach of German law enforcement. But in reality, this perception has changed noticeably in recent years. There are clear signs that the number of extraditions of German citizens from Dubai to Germany is increasing—and likewise, German authorities appear more willing to take extradition requests from the Emirates seriously. It’s time to take a closer look at the legal and practical peculiarities of this situation.

No Treaty, Yet Extradition?

There is currently no bilateral extradition treaty between Germany and the United Arab Emirates​​. However, extraditions are still possible via diplomatic channels. The German Act on International Mutual Assistance in Criminal Matters (IRG) explicitly allows for extraditions even in the absence of a treaty—provided certain legal minimum standards are met.

For German courts, the key issue is whether the constitutional human rights of the person concerned will be respected in the requesting state. And with the UAE, there are often legitimate doubts. International observers and various British and Italian court rulings regularly raise concerns about human rights violations in UAE prisons, lack of judicial independence, and questionable prosecutorial practices—especially regarding offenses such as cheque fraud, which is interpreted far more broadly in the UAE than in continental Europe​.

Increasing Extraditions from Dubai?

From your own legal experience, it appears that extraditions of German citizens from Dubai are becoming more frequent. This aligns with international reports: The UAE is increasingly cooperating in INTERPOL cases and executing extraditions via diplomatic routes—even without formal treaties​​.

One current example involves suspects in the encrypted phone investigations (Encrochat, Anom), where individuals fled to Dubai. In several cases, extradition to Germany was ultimately carried out—albeit requiring cooperation from local authorities​. The political momentum seems to be shifting: Dubai is no longer perceived as a safe haven.

The UAE Legal Framework: Strict Laws, Limited Transparency

Extradition in the UAE is governed by Federal Law No. 39 of 2006, recently updated by Federal Decree-Law No. 38 of 2023​​. On paper, the regulations appear structured and respectful of the rule of law: extraditions are only permitted if dual criminality is established, with a minimum penalty threshold of one year, and if human rights protections are ensured. The law includes protections against political persecution, discrimination, and torture or capital punishment in the requesting state.

However, in practice, these safeguards may not hold. Cases suggest that formal guarantees often fail to ensure real protection. Particularly troubling is the broad application of cheque fraud laws, where what constitutes a civil dispute in Germany may be prosecuted criminally in the UAE​.

What Does This Mean for Those Affected?

German nationals living in or traveling to Dubai should be aware of the real risk of extradition—even without a treaty. Courts and ministries in both countries are increasingly pragmatic, and diplomatic considerations often outweigh legal subtleties.

From a German legal standpoint, every extradition request must be examined carefully—especially regarding the risk of unfair trials or inhumane treatment. However, a blanket refusal based on the UAE’s legal system is not permissible. This makes a strong legal defense essential, including expert assessments on human rights conditions and a detailed examination of the specific allegations.

Conclusion: Caution Is Advised

Dubai is no legal vacuum—and no longer a guaranteed refuge. This applies especially to individuals under investigation in Germany. Extradition from Dubai to Germany is possible, and vice versa, though not without numerous legal hurdles.

The impression is growing that mutual cooperation between Germany and the UAE is intensifying, particularly in the context of organized crime, financial offenses, and digital communications. For those considering Dubai as a safe haven, this new reality should give pause: the skyline may still dazzle, but the shadows of criminal law stretch far.

German Lawyer Jens Ferner (Criminal Defense & IT-Law)
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