Answer: No, it cannot.
Even in the absence of a bilateral extradition treaty, UAE courts may authorize extradition based on the principle of reciprocity, provided that the material and procedural requirements set forth in Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters are met.
In Criminal Appeal No. 988 of 2018, the Federal Supreme Court upheld the legality of the extradition of a Romanian national accused of electronic transfer fraud and document forgery, despite the absence of an extradition agreement between the UAE and Romania. The Court held that:
- In accordance with Article 6, Article 7, and Article 9 of Federal Law No. 39 of 2006, the court reviewing an extradition request does not assess the evidence or guilt, but only verifies whether the formal and substantive conditions for extradition are satisfied;
- The principle of reciprocity allows extradition upon an official request if the competent authorities of the requesting state confirm their willingness to provide similar as...