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Can You Be Extradited from Dubai (UAE) to Portugal? Process, Cases & Legal Defence

## Can You Be Extradited from Dubai to Portugal?

Yes, extradition from the UAE to Portugal is legally possible, even though no formal bilateral extradition treaty exists between the two countries. The UAE can surrender individuals to Portugal under the reciprocity provisions of **Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters**, which allows extradition to countries without treaties provided certain conditions are met. Dubai, as part of the UAE, follows the same federal framework. Portugal must submit a formal extradition request through diplomatic channels to the UAE Ministry of Justice, demonstrating dual criminality, sufficient evidence, and compliance with procedural safeguards. The absence of a treaty does not prevent extradition from UAE, but it does mean each request is evaluated on a case-by-case basis with stricter scrutiny than treaty-based requests.

Reciprocity-based extradition requires Portugal to provide diplomatic assurances that it would grant similar cooperation to the UAE in comparable circumstances. This reciprocal arrangement has become increasingly common as both countries seek to strengthen international criminal justice cooperation, particularly in cases involving financial crimes, human trafficking, and money laundering.

## UAE–Portugal Extradition: Legal Basis

The legal foundation for extradition from Dubai to Portugal rests entirely on **Federal Law No. 39 of 2006**, the UAE’s comprehensive legislation governing international judicial cooperation in criminal matters. This law replaced earlier extradition provisions and established a modern framework that permits extradition both to treaty partners and to countries with which the UAE maintains reciprocal relations.

Under Article 1 and subsequent provisions of Federal Law No. 39 of 2006, the UAE can honour extradition requests from Portugal despite the absence of a bilateral treaty, provided the requesting state demonstrates it would offer reciprocal treatment. The Ministry of Justice serves as the UAE’s Central Authority, receiving and processing all incoming extradition requests, including those from Portugal.

The reciprocity pathway requires Portugal to submit evidence through diplomatic channels that it has previously cooperated with the UAE or that Portuguese law permits extradition to countries without treaties. This reciprocal understanding must be verified before the UAE proceeds with judicial examination of the Portuguese request.

Unlike extradition frameworks in some neighbouring jurisdictions such as extradition from UAE to Spain, where EU-wide cooperation mechanisms may influence proceedings, UAE-Portugal extradition follows a strictly bilateral diplomatic process. The UAE Cabinet may also need to approve the extradition after judicial proceedings conclude, adding an executive review layer that provides additional safeguards for the requested person.

The legal basis also requires compliance with international human rights standards. The UAE will not extradite to Portugal if surrender would expose the individual to torture, inhuman treatment, or persecution based on race, religion, nationality, or political opinion.

## How the Process Works Under Federal Law No. 39 of 2006

The extradition process from Dubai to Portugal follows a structured multi-stage procedure. Portugal initiates the process by submitting a formal extradition request to the UAE Ministry of Justice through diplomatic channels, typically via the Portuguese Ministry of Foreign Affairs and the Portuguese Embassy in Abu Dhabi.

The extradition request must include comprehensive documentation: the identity and nationality of the wanted person; a detailed description of the criminal conduct; the relevant Portuguese criminal statutes; an arrest warrant or equivalent judicial decision; evidence sufficient to justify prosecution under UAE law (dual criminality requirement); and diplomatic assurances regarding reciprocity, specialty principle, and humane treatment.

Once received, the UAE Ministry of Justice reviews the request for completeness and formal compliance. If documentation is insufficient, the Ministry returns the request to Portugal with specific requirements for additional information. Incomplete requests cause significant delays, sometimes extending the process by several months.

After satisfying formal requirements, the Ministry of Justice forwards the request to the UAE Public Prosecution, which conducts a substantive legal review. Prosecutors examine whether the alleged conduct constitutes a crime under both Portuguese and UAE law (dual criminality), whether the evidence meets minimum thresholds, and whether any mandatory grounds for refusal apply.

If the Public Prosecution determines the request meets legal standards, UAE authorities locate and arrest the individual named in the Portuguese request. The arrested person must appear before the competent UAE court, typically within 48 hours of detention. This judicial hearing provides the requested person an opportunity to challenge the extradition on legal grounds.

The court examines the legal sufficiency of the Portuguese request, the identity of the detained person, dual criminality, and whether any discretionary or mandatory refusal grounds apply. The requested person can present legal arguments and evidence through UAE counsel. The court does not adjudicate guilt or innocence regarding the underlying Portuguese charges—only whether legal conditions for extradition are satisfied.

If the court approves extradition, the decision proceeds to the UAE Cabinet for final executive approval. The Cabinet reviews political and diplomatic considerations, including reciprocity assurances and foreign policy implications. The Cabinet may refuse extradition even after judicial approval, though this occurs rarely in practice.

Portugal must arrange for the transfer of the individual within a specified timeframe after final approval, typically 30 to 60 days. If Portugal fails to collect the person within this period, the UAE may release them, and Portugal must submit a new request to reinitiate proceedings.

## Grounds the UAE Can Refuse Extradition to Portugal

UAE law provides both mandatory and discretionary grounds for refusing extradition requests from Portugal. Understanding these refusal grounds is essential for anyone facing potential surrender to Portuguese authorities.

**Political offences** cannot form the basis for extradition. If Portugal’s request primarily concerns political crimes or if the prosecution appears politically motivated, the UAE will refuse surrender. This protection extends to individuals sought for expressing political opinions or engaging in legitimate political activity.

**Military offences** that do not constitute crimes under ordinary criminal law also bar extradition. Purely military violations of Portuguese military codes, absent underlying criminal conduct, cannot support extradition from Dubai.

**Fiscal and tax offences** receive restrictive treatment under UAE extradition law. While serious tax evasion and fiscal fraud may support extradition if they involve aggravating circumstances like money laundering or organized fraud schemes, purely administrative tax violations generally do not justify surrender. This distinction becomes particularly important given differences between Portuguese and UAE tax systems.

**Double jeopardy** (ne bis in idem) absolutely prohibits extradition. If the requested person has already been tried, convicted, or acquitted in the UAE or another jurisdiction for the same conduct underlying the Portuguese request, the UAE will refuse extradition. This protection applies even if the previous proceedings occurred in a third country.

**UAE nationality** can bar extradition in certain circumstances. The UAE generally refuses to extradite its own nationals, though this is not an absolute bar. UAE citizens facing Portuguese extradition requests may invoke nationality as a defence, with the UAE potentially agreeing to prosecute the individual domestically instead of surrendering them.

**Insufficient evidence** justifies refusal if Portugal’s documentation fails to establish probable cause that the individual committed the alleged offences. The UAE applies a threshold similar to that required for domestic prosecution—mere allegations or suspicions prove insufficient.

**Statute of limitations** defences apply if either UAE or Portuguese law bars prosecution due to time elapsed since the alleged criminal conduct. The UAE examines limitation periods under both legal systems.

**Human rights concerns** provide discretionary grounds for refusal. If extradition would expose the individual to torture, inhuman or degrading treatment, unfair trial proceedings, or excessive punishment disproportionate to the alleged conduct, the UAE may refuse surrender to Portugal. This ground has become increasingly significant in UAE extradition practice.

**Specialty principle violations** can prevent extradition. Portugal must provide assurances that the extradited person will only be prosecuted for the offences specified in the extradition request, not for other crimes committed before surrender. Without such assurances, the UAE refuses extradition.

## Extraditable Offences and Evidence Requirements

Portugal can request extradition from Dubai for a wide range of serious criminal offences, provided they satisfy the dual criminality requirement—meaning the conduct must constitute a crime under both Portuguese and UAE law.

**Money laundering** represents one of the most commonly extraditable offences. Both Portugal and the UAE criminalize money laundering and actively cooperate internationally to combat financial crimes. Portuguese requests involving laundering of proceeds from drug trafficking, corruption, fraud, or other predicate offences typically satisfy dual criminality requirements. The UAE takes financial crime seriously, making money laundering cases particularly viable for extradition.

**Human trafficking** is universally condemned and criminalized in both jurisdictions. Portugal can successfully request extradition for trafficking offences involving forced labor, sexual exploitation, or child trafficking. These cases often receive expedited consideration given the severity of the crimes and international obligations both countries have assumed.

**Sanctions evasion** may support extradition if the conduct involves fraud, smuggling, or other criminal elements beyond mere regulatory violations. The UAE examines whether Portuguese sanctions evasion charges involve underlying criminal conduct recognizable under UAE law, such as customs fraud or deceptive business practices.

**Tax evasion**, as noted previously, presents a more complex category. Aggravated tax fraud involving falsified documents, shell companies, or systematic schemes to defraud Portuguese tax authorities may constitute extraditable offences, particularly if characterized as fraud rather than simple tax avoidance. The UAE scrutinizes these requests carefully to distinguish serious criminal conduct from civil tax disputes.

**Drug trafficking, corruption, violent crimes, sexual offences, and property crimes** generally satisfy dual criminality and support extradition, provided Portugal submits sufficient evidence and meets procedural requirements.

Evidence requirements for Portuguese extradition requests are substantial. Portugal must provide documentation that would justify arrest and prosecution under UAE standards—not merely suspicion or preliminary allegations. For fraud and financial crimes, this typically includes financial records, witness statements, expert analyses, and clear explanations of how the alleged conduct violates specific Portuguese criminal statutes.

Portuguese authorities must also submit authenticated translations of all documents into Arabic, the official language of UAE judicial proceedings, or English, which UAE courts commonly accept. Failure to provide proper translations causes processing delays and may result in rejection.

The principle of proportionality also applies. The UAE generally requires that extraditable offences carry minimum penalties—typically at least one year imprisonment under both Portuguese and UAE law. Minor offences not meeting this threshold will not support extradition regardless of whether dual criminality exists.

## How to Defend Against Extradition from UAE to Portugal

Defending against Portuguese extradition requests in Dubai requires immediate engagement of experienced UAE legal counsel specializing in international criminal law. The defense strategy should address multiple procedural and substantive grounds.

**Challenge dual criminality** by demonstrating that Portuguese charges do not correspond to crimes under UAE law. This defense proves particularly effective for fiscal offences, regulatory violations, or conduct that Portuguese law criminalizes but UAE law treats as civil or administrative matters. Detailed legal analysis comparing Portuguese and UAE criminal codes becomes essential.

**Contest evidence sufficiency** by arguing that Portuguese documentation fails to meet UAE standards for probable cause. Portuguese requests often contain prosecutorial summaries rather than detailed evidentiary submissions. Defense counsel should highlight gaps, inconsistencies, or lack of concrete evidence linking the requested person to alleged criminal conduct.

**Invoke human rights protections** by presenting evidence that extradition would expose the defendant to unfair proceedings, excessive punishment, or inadequate conditions of detention in Portugal. While Portugal maintains generally high human rights standards, specific circumstances of individual cases may raise concerns that warrant UAE refusal.

**Raise identity challenges** if uncertainty exists regarding whether the detained person is actually the individual Portugal seeks. Errors in names, dates of birth, or biographic details occur more frequently in reciprocity-based extradition than in treaty cases, as information passes through multiple diplomatic and administrative channels.

**Assert statute of limitations defenses** by demonstrating that prosecution is time-barred under either Portuguese or UAE law. This requires detailed analysis of when alleged conduct occurred, when Portuguese authorities discovered it, and how limitation periods apply under both legal systems.

**Negotiate alternative arrangements** such as voluntary return to Portugal under controlled conditions, or prosecution in the UAE rather than extradition. The UAE occasionally agrees to prosecute nationals or residents domestically rather than surrender them, particularly when substantial connections to the UAE exist.

**Procedural challenges** should scrutinize whether Portugal followed proper diplomatic channels, whether the UAE Ministry of Justice properly received and processed the request, and whether constitutional and statutory timeframes were observed. Technical procedural defects sometimes provide grounds for refusing extradition.

Legal representation should begin immediately upon learning of a Portuguese extradition request or arrest warrant. Early intervention allows counsel to engage with UAE prosecutors, prepare defensive evidence, and potentially resolve matters before formal arrest occurs. Similar considerations apply to cases involving extradition from UAE to Brazil or extradition from UAE to France, where reciprocity frameworks create additional opportunities for legal defense.

## Frequently Asked Questions

## Contact Our UAE Extradition Defence Team

If you or someone you represent faces a potential extradition request from Portugal to the UAE, time is critical. Our international criminal defence team has extensive experience defending clients against extradition proceedings in Dubai and throughout the UAE under Federal Law No. 39 of 2006. We provide immediate legal assessment of Portuguese extradition requests, challenge dual criminality and evidence sufficiency, negotiate with UAE prosecutors and Portuguese authorities, and represent clients through all stages of judicial and executive review. Our multilingual team understands both UAE extradition procedures and Portuguese criminal law, positioning us to develop comprehensive defence strategies that protect your rights and freedom. Contact us today for a confidential consultation regarding extradition matters between Portugal and the UAE.