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Extradition from UAE (Dubai) to Italy — Treaty 2015, Process & Defence 2026

## Can Someone Be Extradited from Dubai (UAE) to Italy?

Yes, extradition from the UAE to Italy is legally possible and actively enforced under a bilateral extradition treaty signed in 2015 and entered into force in 2019. This treaty provides the formal legal framework for the surrender of fugitives between the two countries, supplementing the UAE’s domestic extradition legislation under Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters. The UAE, including Dubai, Abu Dhabi, and other emirates, cooperates with Italian authorities on requests for individuals wanted for serious criminal offences, provided the extradition meets the legal requirements of dual criminality, speciality, and human rights protections.

The extradition process involves a formal request submitted by Italy through diplomatic channels, reviewed by the UAE Ministry of Justice as the designated Central Authority, judicial examination by UAE prosecutors and courts, and final approval by the UAE Cabinet. The 2015 treaty reflects the growing strategic and economic partnership between the UAE and Italy, particularly in combating transnational organised crime, financial crimes, and money laundering.

## The UAE–Italy Extradition Treaty: What Does It Cover?

The bilateral extradition treaty between the United Arab Emirates and Italy was signed on 6 January 2015 in Abu Dhabi and entered into force on 1 January 2019 following the completion of domestic ratification procedures in both countries. This treaty is the primary legal instrument governing extradition from UAE to Italy, superseding reliance on general principles of reciprocity or multilateral conventions.

### Key Provisions of the 2015 UAE-Italy Treaty

The treaty establishes several fundamental principles that govern all extradition requests between the two nations:

**Dual Criminality Requirement:** Extradition is permitted only when the conduct constituting the offence is criminal under the laws of both the UAE and Italy. The offence must be punishable by at least one year of imprisonment under the laws of both countries.

**Specialty Principle:** Italy must prosecute or punish the extradited individual only for the offences specified in the extradition request. Any prosecution for additional offences committed before extradition requires separate consent from the UAE authorities unless the individual has had the opportunity to leave Italy and voluntarily remained.

**Political and Military Offence Exception:** The treaty explicitly prohibits extradition for offences of a political or military character, consistent with international extradition standards and the provisions of Federal Law No. 39 of 2006.

**Non-discrimination Clause:** Extradition cannot be granted if there are substantial grounds to believe the request was made for the purpose of prosecuting or punishing a person on account of race, religion, nationality, ethnic origin, political opinions, sex, or status.

**Capital Punishment Protections:** If the offence for which extradition is sought carries the death penalty under Italian law but not UAE law (or vice versa), the requesting state must provide sufficient assurances that the death penalty will not be imposed, or if imposed, will not be executed.

The treaty also permits the temporary surrender of individuals already serving sentences in the UAE for offences committed in Italy, allowing them to face Italian justice before returning to complete their UAE sentence—a mechanism useful in complex multi-jurisdictional criminal cases.

## How Does Extradition from UAE to Italy Actually Work?

The extradition process from Dubai and other UAE emirates to Italy follows a structured legal procedure that balances international cooperation obligations with protection of individual rights. Understanding this process is essential for anyone facing potential extradition.

### Step 1: Formal Extradition Request

Italy initiates the process by submitting a formal extradition request through diplomatic channels to the UAE Ministry of Justice, which serves as the Central Authority under Federal Law No. 39 of 2006. The request must be submitted in writing and include:

– The identity, nationality, and location of the person sought
– A statement of facts outlining the alleged criminal conduct
– The text of the applicable Italian criminal law provisions
– A warrant of arrest or court judgment from Italian authorities
– Evidence establishing probable cause that the person committed the offence
– Confirmation that the offence meets the dual criminality requirement

All documents must be translated into Arabic and properly authenticated through diplomatic or consular channels, or through procedures established under international agreements to which both states are parties.

### Step 2: Review by UAE Ministry of Justice

Upon receipt, the UAE Ministry of Justice conducts an initial review to determine whether the request meets the formal requirements of the bilateral treaty and Federal Law No. 39 of 2006. The Ministry verifies:

– Whether the UAE-Italy treaty applies to the alleged offence
– Compliance with documentation requirements
– Absence of obvious bars to extradition (such as political offence classification)
– Whether provisional arrest measures are needed

If the request is deemed deficient, the Ministry may request additional information or documentation from Italian authorities before proceeding.

### Step 3: Provisional Arrest

In urgent cases where there is risk of flight, Italian authorities may request provisional arrest of the individual pending submission of the formal extradition request. UAE authorities can detain the person for a limited period (typically up to 40 days under the bilateral treaty) while awaiting the complete request documentation.

During this period, the detained individual has the right to legal representation and may apply for bail, though release is rarely granted in extradition cases involving serious offences.

### Step 4: Prosecutorial Review and Referral to Court

The UAE Public Prosecution reviews the substantive merits of the extradition request, examining whether the evidence presented establishes a prima facie case under UAE standards and whether any mandatory or discretionary grounds for refusal apply.

If the prosecutor determines extradition is legally warranted, the case is referred to the competent UAE Federal Court for judicial examination. This is a critical stage where procedural and substantive challenges can be raised.

### Step 5: Court Hearing and Judicial Review

The UAE court conducts a hearing where the requested individual (through legal counsel) may present defences and objections to extradition. The court does not conduct a full trial on the merits but examines:

– Identity verification—is this the person Italy seeks?
– Dual criminality—does the conduct constitute a crime in both jurisdictions?
– Treaty compliance—does the request satisfy all treaty requirements?
– Bars to extradition—do any statutory or constitutional impediments exist?
– Human rights considerations—would extradition violate fundamental rights?

The requested person has the right to present evidence, call witnesses, and challenge the legal sufficiency of the Italian request. The hearing is conducted with procedural safeguards similar to other criminal proceedings.

### Step 6: Cabinet Approval

If the court issues a favourable opinion on extradition, the case proceeds to the UAE Cabinet (Council of Ministers) for final political and executive approval. This is not merely a rubber stamp—the Cabinet retains discretion to refuse extradition on public policy grounds, humanitarian considerations, or foreign relations factors.

The Cabinet’s decision is final under UAE law, though it may be subject to limited judicial review for procedural irregularities or violations of fundamental rights.

### Step 7: Surrender to Italian Authorities

Upon Cabinet approval, the UAE Ministry of Justice coordinates with Italian authorities to arrange physical transfer of the individual. Italy must collect the extradited person within a specified timeframe (typically 30 days) or the person may be released.

The entire process from initial request to surrender typically takes between six months to two years, depending on case complexity, legal challenges, and diplomatic coordination.

## What Crimes Are Extraditable from UAE to Italy?

Under the 2015 bilateral treaty and Federal Law No. 39 of 2006, extradition from Dubai to Italy is permitted for a broad range of serious criminal offences, provided they meet the dual criminality and minimum penalty thresholds.

### Financial and Economic Crimes

Italy has successfully sought extradition for sophisticated financial crimes including:

**Tax Evasion:** Unlike many jurisdictions that historically excluded fiscal offences, the UAE-Italy treaty expressly permits extradition for tax crimes. This reflects the international trend toward treating serious tax evasion as a predicate offence for money laundering and part of organised criminal activity.

**Money Laundering:** Both UAE and Italian law criminalise money laundering, making it fully extraditable. The UAE has significantly strengthened its anti-money laundering framework in recent years, enhancing cooperation with countries like Italy, France, and Spain on financial crime matters.

**Fraud and Embezzlement:** Commercial fraud, investment fraud, embezzlement, breach of trust, and misappropriation of corporate assets are extraditable offences frequently featured in UAE-Italy requests.

**Insider Trading and Securities Violations:** Market manipulation, insider dealing, and securities fraud constitute extraditable offences under the treaty framework.

**Intellectual Property Crimes:** Serious violations including counterfeiting, trademark infringement, and copyright piracy committed on a commercial scale are covered.

### Organised Crime and Trafficking Offences

The treaty facilitates extradition for offences related to transnational organised crime, a priority for both governments:

– Participation in organised criminal groups (mafia-type organisations)
– Drug trafficking and narcotics offences
– Human trafficking and migrant smuggling
– Arms trafficking
– Corruption and bribery of public officials

### Violent Crimes and Crimes Against Persons

Traditional serious offences remain extraditable, including murder, manslaughter, kidnapping, sexual offences, robbery, and aggravated assault. The dual criminality requirement is easily satisfied for these universally criminalised conducts.

### Cyber Crimes

Computer fraud, unauthorised access to information systems, identity theft, and other cyber-enabled crimes constitute extraditable offences when they meet the minimum severity threshold.

## What Evidence and Documentation Must Italy Provide?

The evidentiary standard for extradition from the UAE to Italy is lower than the “beyond reasonable doubt” standard required for criminal conviction, but higher than mere suspicion. Italian authorities must establish **probable cause** or a **prima facie case** that the person committed the alleged offence.

Required documentation includes:

– **Warrant of Arrest or Enforceable Judgment:** An original or certified copy of the Italian arrest warrant, indictment, or court judgment establishing that criminal proceedings have been initiated or a conviction obtained.

– **Statement of Facts:** A detailed factual narrative describing the alleged criminal conduct, including dates, locations, manner of commission, and the person’s alleged role.

– **Legal Provisions:** Complete text of the applicable Italian criminal statutes, including penalties, to enable the UAE court to assess dual criminality and minimum sentence requirements.

– **Identity Documentation:** Photographs, fingerprints, physical description, and biographical data to confirm the identity of the person sought.

– **Evidence Summary:** While full disclosure of all evidence is not required, Italian authorities must provide sufficient evidence to establish probable cause—this may include witness statements, documentary evidence, financial records, or forensic reports.

All documents must be properly authenticated, translated into Arabic by certified translators, and transmitted through official diplomatic channels or via the designated Central Authorities.

## Grounds to Refuse Extradition from UAE to Italy

Despite the bilateral treaty, UAE law provides several mandatory and discretionary grounds on which extradition to Italy may be refused. These defences are critical to any legal strategy challenging extradition.

### Political and Military Offences

Federal Law No. 39 of 2006 explicitly prohibits extradition for political offences or offences of a military character. This includes:

– Offences against the security of the state
– Political crimes such as espionage or sedition
– Purely military offences under Italian military law

The “political offence exception” does not extend to terrorism or crimes against humanity, which are specifically excluded from the protection regardless of political motivation.

### Nationality-Based Refusal

UAE law permits, but does not mandate, refusal of extradition for UAE nationals. Article 38 of Federal Law No. 39 of 2006 provides that extradition of UAE citizens may be refused, in which case the UAE must prosecute the individual domestically if requested.

This reflects the civil law tradition common in many countries that protect their nationals from foreign prosecution. In practice, the UAE increasingly cooperates on extradition even for nationals when serious transnational crimes are involved.

### Double Jeopardy (Ne Bis In Idem)

Extradition will be refused if the person has already been tried and finally acquitted or convicted in the UAE for the same conduct underlying the Italian request. This principle of **ne bis in idem** protects against double prosecution and is fundamental to UAE criminal law.

### Statute of Limitations

If criminal proceedings or punishment are time-barred under either UAE or Italian law, extradition will be denied. Both jurisdictions’ limitation periods must be examined.

### Fair Trial and Human Rights Concerns

UAE courts may refuse extradition if there are substantial grounds to believe the requested person would face:

– Torture, inhuman, or degrading treatment
– Flagrant denial of fair trial rights
– Persecution based on race, religion, nationality, political opinion, or membership in a particular social group
– Prolonged or disproportionate detention conditions

While the Italian criminal justice system generally meets international human rights standards, specific circumstances of an individual case (such as serious health conditions incompatible with Italian detention facilities) may warrant refusal.

### Public Order and National Interest

The UAE Cabinet retains discretion to refuse extradition on grounds of public order, national security, or overriding national interests. This is an executive prerogative exercised rarely but available when extradition would be prejudicial to UAE sovereignty or essential interests.

### Prior Prosecution in Third State

If the person is under prosecution in the UAE or a third country for the same offence, extradition may be deferred or refused pending completion of domestic proceedings.

## Death Penalty and Human Rights Protections in UAE-Italy Extradition

The death penalty presents a unique challenge in extradition law, requiring careful diplomatic and legal management. Italy abolished the death penalty in 1947 and is a strong abolitionist state under European Union and Council of Europe protocols.

The UAE retains capital punishment for the most serious crimes, including certain murders, terrorism offences, and drug trafficking. However, the 2015 bilateral treaty addresses this divergence through assurance mechanisms.

### Assurances Against Death Penalty

When an offence is punishable by death under Italian law but Italy seeks extradition (a largely theoretical scenario given Italy’s abolition), or when the UAE has concerns about potential Italian prosecution after onward extradition to a third country, Italian authorities must provide written diplomatic assurances that:

– The death penalty will not be sought
– If a death sentence has been imposed, it will not be executed
– The person will receive the maximum sentence permitted under non-capital provisions

These assurances must be formally communicated through diplomatic channels and are legally binding on Italian authorities under international law principles.

### Broader Human Rights Scrutiny

UAE courts increasingly examine broader human rights compliance in extradition cases, influenced by international standards even though the UAE is not a party to all international human rights instruments. Factors examined include:

– Prison conditions in Italy and compatibility with international minimum standards
– Length of pre-trial detention the person may face
– Access to legal representation and consular assistance
– Medical care availability for persons with serious health conditions
– Protection against discrimination

The UAE’s evolving human rights jurisprudence means that defences based on Article 3 of the European Convention on Human Rights (prohibition of torture and inhuman treatment) and fair trial standards are increasingly viable, particularly when supported by credible evidence of systemic or individual risks.

## Notable Cases: UAE Extradition to Italy

The UAE-Italy extradition relationship moved from theoretical framework to active enforcement with several high-profile cases demonstrating the treaty’s practical application.

### Raffaele Imperiale Extradition (2022)

The most prominent case of extradition from Dubai to Italy involved **Raffaele Imperiale**, a high-ranking member of the Neapolitan Camorra crime organisation. Imperiale, wanted by Italian authorities for international drug trafficking, mafia association, and money laundering, had been living in Dubai where he invested proceeds from criminal activity in luxury real estate.

Italian authorities submitted a formal extradition request under the 2015 treaty, supported by extensive evidence of Imperiale’s leadership role in a massive cocaine trafficking network operating between South America and Europe. The case involved coordination between Italian anti-mafia prosecutors, Interpol, and UAE authorities.

Following the procedural steps outlined above, UAE courts approved the extradition, and Imperiale was surrendered to Italian custody in 2022. He subsequently faced trial in Italy, where he was convicted and sentenced to substantial imprisonment. This case demonstrated:

– The UAE’s commitment to combating transnational organised crime
– Effective operation of the bilateral treaty framework
– UAE willingness to extradite even high-profile individuals with significant financial interests in the Emirates

The Imperiale extradition sent a strong signal that Dubai is no longer a safe haven for fugitives from Italian justice, particularly those involved in serious organised crime. This mirrors UAE cooperation with other European nations on similar cases, including extradition from UAE to Greece and other jurisdictions.

### Increased Cooperation Trend

While specific details of other cases are often confidential, legal practitioners and diplomatic sources report increasing numbers of extradition requests between the UAE and Italy being processed successfully, particularly for financial crimes, fraud, and organised crime offences. The bilateral relationship has matured significantly since the treaty’s entry into force in 2019.

## How to Fight Extradition from UAE to Italy: Legal Defences and Strategy

If you are subject to an extradition request from Italy while in Dubai or elsewhere in the UAE, immediate engagement of experienced legal counsel is essential. Extradition defence requires specialised knowledge of both international extradition law and UAE domestic criminal procedure.

### Initial Steps and Protective Measures

**Immediate Legal Representation:** Upon arrest or learning of an extradition request, secure legal representation from lawyers experienced in UAE extradition matters and familiar with Federal Law No. 39 of 2006.

**Bail Application:** While bail in extradition cases is difficult to obtain, it is not impossible. Strong ties to the UAE, significant financial guarantees, surrender of travel documents, and low flight risk can support a bail application, particularly for less serious offences or where substantial legal defences exist.

**Document Review:** Obtain complete copies of the Italian extradition request and supporting documentation. Errors, omissions, or deficiencies may provide grounds for refusal or delay while Italy corrects the request.

### Substantive Legal Defences

**Challenge Dual Criminality:** Demonstrate that the conduct alleged does not constitute a crime under UAE law, or that definitional differences between UAE and Italian criminal codes mean the offences are not sufficiently analogous.

**Political Offence Exception:** If the offence has any political character or the prosecution appears politically motivated, present evidence to support classification as a non-extraditable political offence.

**Human Rights Violations:** Present evidence of anticipated human rights violations in Italy specific to your circumstances—medical conditions incompatible with Italian detention, risk of persecution, or fair trial concerns.

**Double Jeopardy:** If you were previously prosecuted in the UAE or another jurisdiction for the same conduct, present court records establishing the prior proceedings.

**Statute of Limitations:** Demonstrate that the alleged offence is time-barred under either UAE or Italian limitation periods through legal analysis and expert opinion.

**Identity Challenge:** If there is any question about identity—whether you are the person Italy actually seeks—forensic evidence and documentation establishing mistaken identity can be decisive.

### Procedural Defences and Challenges

**Documentary Deficiencies:** Challenge inadequate translations, missing authentication, insufficient evidence summaries, or failures to comply with treaty requirements for form and content of the request.

**Violation of Specialty Principle:** If you were previously extradited to the UAE from another country, examine whether Italy’s request violates the specialty principle from that earlier extradition.

**Treaty Interpretation:** Complex questions of treaty interpretation—such as scope of covered offences or application of specific provisions—may require detailed legal briefing and potentially expert testimony from international law scholars.

### Appeal and Judicial Review

If the initial court decision favours extradition, immediate preparation of appeals and administrative challenges is crucial:

**Appeal to Higher Courts:** UAE federal court decisions may be appealed to higher judicial levels. Time limits are strict, requiring immediate action.

**Cabinet Petition:** Even after judicial approval, the Cabinet decision remains subject to petition and reconsideration based on humanitarian grounds, changed circumstances, or new evidence.

**Diplomatic Intervention:** In appropriate cases, diplomatic intervention through your country’s embassy may raise concerns about the extradition at the governmental level.

### Strategic Considerations

Extradition defence is not solely about legal arguments in court—it requires comprehensive strategy:

– **Parallel Italian Proceedings:** Coordinate with Italian legal counsel to address the underlying charges, potentially negotiating resolution of the Italian case that could moot the extradition request.

– **Alternative Jurisdiction:** In some circumstances, offering to face justice in a third jurisdiction acceptable to both Italy and the UAE may provide a diplomatic solution.

– **Media Strategy:** Carefully managed media engagement can raise awareness of human rights concerns or injustices, though this must be balanced against risks of prejudicing UAE proceedings.

– **Evidence Gathering:** Proactive gathering of evidence supporting defences—medical records, expert reports on Italian prison conditions, documentation of prior proceedings—strengthens legal submissions.

## FAQ: Extradition from UAE (Dubai) to Italy

## Contact Our UAE Extradition Lawyers

If you or someone you know is facing potential extradition from Dubai or elsewhere in the UAE to Italy, immediate specialist legal representation is essential to protect your rights and evaluate all available defences. Our international criminal law team has extensive experience with UAE extradition proceedings under Federal Law No. 39 of 2006 and the bilateral treaty framework.

We provide comprehensive legal services including urgent bail applications, defence strategy development, representation in prosecutorial reviews and court hearings, Cabinet petitions, coordination with Italian legal counsel, and appeals. Extradition cases require sophisticated understanding of both UAE domestic law and international criminal law principles—experience that can make the difference between surrender and successful defence.

Time is critical in extradition matters. Contact our office immediately for a confidential consultation to assess your situation, evaluate defences, and develop a strategic response to the Italian extradition request. Early intervention provides the greatest opportunity to challenge extradition and protect your fundamental rights throughout this complex legal process.