What you and your family should know about the Spain-U.A.E. Extradition Convention and how to activate an immediate defense

By Dr. Alan Aldana
Founding partner of VENFORT Abogados - Accredited lawyer before the International Criminal Court.
More than 20 years of experience in international extraditions, INTERPOL alerts and cross-border criminal defense Training at Harvard, Yale and University of Salamanca - OFAC Certificate (FIU, USA)

If you are reading this, it has probably already happened

An arrest at Barajas airport on a request from the United Arab Emirates. Or an arrest at Dubai airport on a warrant from Spain. The police have informed you or your family member that there is an extradition request. The world has stopped in an instant.

At that moment, the difference between regaining freedom or losing it depends on a single decision: who you are calling.

Rule number one: do not talk to police or consular officials without a lawyer present. Anything you say can be used against you in the country claiming you. Before signing or declaring anything, contact a criminal lawyer specialized in extraditions.

What many people are unaware of is that between Spain and the United Arab Emirates there is a Bilateral Extradition Agreement in force since 2010, which regulates precisely how, when and under what conditions a State may request the surrender of a person to the other State. This convention contains both obligations and powerful defense tools that an experienced lawyer can activate from the first hour.

The Spain-United Arab Emirates Extradition Agreement: what determines your case

The Extradition Agreement between the Kingdom of Spain and the United Arab Emirates. was signed in Madrid on November 24, 2009 and published in the Official State Gazette. Two other instruments were also signed to complete the framework of bilateral criminal cooperation: the Mutual Legal Assistance Agreement in Criminal Matters and the Agreement for the Transfer of Sentenced Persons. The three instruments constitute a complete legal package that regulates everything from provisional detention to asset tracing and freezing.

What the Convention says and why it affects you directly

The Convention establishes the obligation of both countries to surrender to each other persons sought for criminal prosecution or execution of sentences. In order for extradition to proceed, two fundamental requirements must be met: the dual criminality -the fact must be a crime in both countries - and a minimum penalty threshold of at least one year of deprivation of liberty (or six months of remaining sentence, in the case of execution of sentence).

This means that most of the conducts that are currently investigated in the field of economic criminal law -money laundering, financial fraud, corporate corruption, corporate crime, tax evasion- will be investigated in the future. fall within the scope of the Convention.

Urgent preventive detention: the mechanism that sets the clock ticking

The Convention expressly provides for the emergency pre-trial detention through INTERPOL or through diplomatic channels. This is exactly what happens when a person is arrested at an airport: the police execute a red alert or a provisional arrest request transmitted by INTERPOL, before the formal extradition request arrives.

Critical data: Both the bilateral agreement and the Emirati legislation (Federal Law No. 39/2006) provide for a time limit of 60 days of provisional arrest. If the requesting State does not formalize the extradition request within that period, release from prison is appropriate of the detainee. This deadline is one of the first lines of defense we activate.

Grounds for refusal: the legal weapons contained in the Convention itself

The Convention and the domestic legislation of both countries establish grounds for refusal of extradition that a specialized lawyer must identify and activate from day one. These are the most relevant defenses:

Nationality of the respondent

Neither country is obliged to surrender its own nationals. The Emirati Federal Law (art. 9) prohibits the extradition of Emirati nationals. In Spain, the Passive Extradition Law (Law 4/1985) prohibits the surrender of Spanish nationals unless a treaty in force provides otherwise.

Political crime

The Convention prohibits extradition for political crimes. The Emirati courts apply this exception with particular rigor, analyzing whether the process has its origin in power disputes, whether the defendant was an inconvenient official or businessman, whether there is an instrumental use of criminal law or whether the judicial system of the requesting country lacks independence. When these elements are detected, extradition is usually denied. In Spain, the Audiencia Nacional applies the same principle under Article 4 of the LEP.

Risk of death penalty or inhumane treatment

If the crime is punishable by death penalty In the requesting State and not in the requested State, extradition is refused unless there are sufficient guarantees that the death penalty will not be carried out. Emirati legislation also refuses extradition where there is a risk of torture or inhuman or degrading treatment, or when the requesting country does not provide minimum guarantees of due process. The defense may demand specific diplomatic assurances and challenge the extradition if they are insufficient.

Non bis in idem

If the person sought has already been tried or is being prosecuted in the requested State for the same acts, extradition does not proceed. This principle operates in both directions of the Convention.

Statute of limitations

If the prosecution or punishment is time-barred under the law of either State, extradition must be denied.

Jurisdiction of the requested State

Both Emirati law and the Convention provide for optional refusal when the courts of the requested State have jurisdiction over the offense. This becomes relevant when there are facts or execution in the territory of the requested State, such as laundering tracts or executory acts carried out in Dubai or Spain.

Evidentiary insufficiency and documentary defects

The Emirati authorities require that the application be supported by clear judicial decisions, precisely described facts, rational indications of criminality and consistency between the facts and the type of crime invoked. Applications based on incomplete records, weak evidence or confusing narratives do not exceed the standard required by the Dubai and Abu Dhabi courts. The Emirati central authority may request additional information and may even reject the request if the requesting State does not complete what is required.

Principle of specialty

The extradited person may only be tried for the offense that motivated the extradition. Any broadening of charges constitutes a violation of this principle. The defense must monitor this aspect before, during and after the surrender.

Two scenarios, the same Agreement, the same expert defense

Scenario 1: Arrested in Spain at the request of the United Arab Emirates

If you or your family member has been arrested in Spanish territory on the basis of an extradition request from the UAE, the procedure is handled before the National Court with a double control - governmental and judicial - in accordance with Law 4/1985 on Passive Extradition and the 2009 bilateral Convention. The National Court will rigorously examine the Emirati request and may deny extradition if it detects formal defects, lack of legal basis, risk of political persecution or violation of fundamental rights.

The respondent is entitled to effective legal defense from the outset, In addition, the defendant has the right to present evidence and allegations, to request provisional release on bail and to appeal any adverse decision. In addition, the filing of a asylum application may suspend extradition proceedings while the Asylum and Refugee Office (RAO) assesses whether there is persecution in the UAE.

VENFORT Abogados defends before the Spanish National High Court with direct knowledge of the Emirati judicial system, which allows us to question the soundness of the request with technical arguments that other firms cannot offer.

Scenario 2: Arrested in Dubai or Abu Dhabi at the request of Spain

If the arrest has taken place in the United Arab Emirates on a Spanish request, the procedure is governed by the Federal Law No. 39/2006 and by the bilateral Convention. The Emirati system imposes an eminently judicial control: the requested person must be brought before the public prosecutor's office within 48 hours, has the right to a lawyer during interrogation, and the decision on extradition rests with the Court of Appeal, The court, which issues a reasoned decision subject to appeal, including cassation.

Unlike the European Arrest Warrant (EAW), which operates as a mechanism for rapid surrender within the EU, the Emirati system introduces an additional mechanism for the surrender of persons within the EU. more formalistic procedure with more documentary filters and more litigation venues. This opens up significant advocacy opportunities that a team with direct experience in these courts knows how to exploit.

From VENFORT Abogados, we have advised directly in complex cases before the courts of Dubai and Abu Dhabi., We work in coordination with specialized firms in the region. We know the system inside out: its formal requirements, its evidentiary standards, its timing and its vulnerabilities.

INTERPOL and the Red Alert: what you should know

In most cases, the detention at the airport is caused by the execution of a INTERPOL Red Notice. It is essential to understand that a red alert it is not an international arrest warrantA request for cooperation to locate and provisionally detain a person with a view to extradition. Each State decides according to its own law whether to execute the arrest.

The defense can act on INTERPOL's own alert by means of the Commission for the Control of INTERPOL's Files (CCF), INTERPOL, which has the power to order the deletion or correction of data when the alert violates the organization's rules, including the prohibition to intervene in matters of a predominantly political nature (Article 3 of INTERPOL's Constitution).

At VENFORT Abogados we have achieved the cancellation of red alerts in dozens of cases., The early intervention - before the arrest materializes - exponentially multiplies the chances of success. Early intervention - before the arrest materializes - exponentially multiplies the chances of success.

Dr. Alan Aldana: the experience you need at your side

When a person's freedom, assets and reputation are at stake in international extradition proceedings, a good criminal lawyer is not enough: you need a team with direct and verifiable experience in the specific jurisdiction where the battle is being fought. The Dr. Alan Aldana leads that team.

With more than twenty years practicing in Spain and Venezuela, qualified to litigate in both jurisdictions, and accredited to the International Criminal Court, Aldana has personally led the defense in some of the most complex extradition cases of the last two decades, including proceedings related to the Panama Papers, the 2009 financial crisis and the Odebrecht case.

His training combines the best of Anglo-Saxon and continental academia: Harvard certificates in negotiation and leadership, Yale Management Program for Lawyers, master's degree in Criminal Procedural Law of ICAM of Madrid, master's degree from the University of Salamanca, expert in Economic Criminal Law from the Complutense University of Madrid. y OFAC sanctions certificate from Florida International University. He is Director of the Venezuelan committee of the World Compliance Association and member of the Aldana Foundation.

But what truly distinguishes Dr. Aldana is not his titles, but rather his ability to operate in multiple jurisdictions simultaneously. Its network of specialized allied firms covers the United Kingdom, Portugal, Andorra, France, Belgium, Singapore, Dubai, Colombia, the United States, the Dominican Republic and Panama. This allows coordinating cross-border defense strategies with the speed that an extradition case demands.

In the specific Spain-United Arab Emirates axis, Dr. Aldana and his team have provided direct advice in proceedings before the Dubai and Abu Dhabi courts, in coordination with ultra-specialized local firms. This first-hand knowledge of the Emirati judicial system - its documentary requirements, its evidentiary standards, its rigor with the political exception, its cassation procedure - is an asset that very few firms in the world can offer.

Our clients include executives of financial institutions, transnational corporations, embassies, senior public officials and high net worth families. Each case is treated with the utmost confidentiality, urgency and personalized dedication that the situation requires.

What to do now: the first steps that save freedom

If you or a family member has just been detained at an airport in Spain or the United Arab Emirates on an extradition request, here are the immediate steps:

First. Do not declare anything without a lawyer. Anything you say may be used in the extradition proceedings. Seek specialized legal assistance immediately.

Second. Contact a law firm with specific experience in extraditions between Spain and the United Arab Emirates. A generalist criminal lawyer is not enough. You need a team that knows the bilateral agreement, the Emirati judicial system, the procedure before the Spanish National Court and INTERPOL's operations.

Third. Act within 48 hours. In the UAE, the requested person must be brought before the prosecutor's office within 48 hours. In Spain, provisional detention triggers strict procedural deadlines. The first decisions are the most important.

Fourth. Inform your family or person you trust. If the detained person is unable to communicate, the family members must activate the defense. The speed of the response determines the legal room for maneuver.

Fifth. Do not sign consent to simplified extradition without advice. Both the Convention and Emirati law provide for simplified extradition by consent. Signing without understanding the consequences may be irreversible.

Privileged Consultation with Dr. Alan Aldana

At VENFORT Abogados we understand that an extradition is not only a legal procedure: it is a personal, family and patrimonial crisis that requires an immediate, confidential and professional response.

If you or your family are facing an extradition arrest, an INTERPOL Red Alert or need preventive advice on the Spain-United Arab Emirates axis, request a consultation with our team or privileged consultation with Dr. Alan Aldana if it is a highly complex case.. We will evaluate your case with the urgency and confidentiality it requires, and design the most effective defense strategy to protect your freedom, your assets and your reputation.

VENFORT LAWYERS

International Criminal Law - Extraditions - INTERPOL
Paseo de la Castellana 93, 2nd floor, office 242 - Madrid 28046, Spain
Phone: +34 614 335 889
Luis Roche de Altamira Avenue, Helena building, office 16 - Caracas, Venezuela
Telephone numbers: +58 212 283 9390 | +58 212 285 4535
www.venfort.com

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This article is for informational purposes only and does not constitute personalized legal advice.