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India-UAE extradition treaty in force

Ashok Tuteja in Dubai

The extradition treaty signed between India and the United Arab Emirates came into force Monday with the exchange of the instrument of ratification between the two countries.

The exchange took place at the UAE Ministry of Foreign Affairs. The ''process verbale'' for the exchange were signed by Saif Saeed, under secretary in the UAE Ministry of Foreign Affairs, and K C Singh, Indian ambassador to the UAE.

The two sides also exchanged instruments ratifying two other accords signed between the two countries -- treaty on mutual legal assistance in criminal matters and treaty on juridical and judicial cooperation in civil and commercial matters, an Indian Embassy spokesman said.

The three agreements were signed between the two countries in New Delhi on October 25 last year during UAE Minister for Justice, Islamic Affairs, Mohammed Nakhira al Dhahiri's visit to India.

The extradition treaty provides a legal framework for seeking extradition of terrorists, economic offenders and other criminals from the UAE. With its coming into force, the treaty is expected to pave the way for expeditious disposal of a number of pending cases between the two countries.

The treaty embodies the desire of the two countries to strengthen bilateral co-operation and take concrete steps to combat terrorism and other crimes.

Under its provisions, the two countries shall extradite any person found in their respective countries, accused or convicted of an extraditable offence.

It will also have retrospective effect and the extradition will be possible irrespective of whether the crime was committed before or after the entry into force of the treaty. India has already signed extradition treaties with 20 other countries and is expected to shortly sign a similar one with Oman.

The treaty on mutual legal assistance in criminal matters aims to improve the effectiveness of both the countries in investigation, prosecution and suppression of crimes, including those related to terrorism and tracing, restraint, forfeiture or confiscation of the proceeds and instruments of crime.

The agreement is expected to facilitate the widest measures of mutual legal assistance in service of summons, execution of warrants and other judicial documents and commissions.

The treaty on juridical and judicial co-operation in civil and commercial matters is likely to make it possible to serve summons and other judicial decrees issued by the courts in one country in the territory of the other.

The judicial authority of one country may also, on the request of the other, take evidence and the courts of one country may also execute decrees and arbitration awards passed in the territory of the other.

UNI

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