- Sunday, August 31, 2014
Where the proposal has already been sent by the requesting party, Interpol will arrest the suspect and produce him to the Public Prosecution within 48 hours of his arrest. After the arrest, investigations are begun, the suspect’s accusation is heard, and a normal trial procedure is started. Moreover, the role of the prosecution is to ensure that the suspect’s investigation is conducted in a fair manner and that the accusations against him are accurate in order for the suspect to be extradited. It should be noted that, unless the UAE courts have jurisdiction to trial the suspect, the Prosecution does not judge the person to be a criminal in the UAE, he is only considered as a person who should be delivered to the concerned country.
After the investigations have been carried out the head of Public Prosecution can either; release the suspect or keep him under custody. If the Public Prosecution decide to keep the suspect under custody they cannot exceed the 15 day custody period. As stated above this can be extended under the General Convention to 40 days altogether and, where there is a personal convention between two countries the custody period can be up to 60 days altogether. Consequently, if after receiving the application for the return of the suspect by the requesting country, the UAE carry out investigations and the Public Prosecution find that the crime is not serious enough to face custody or imprisonment, or that there is no need to keep the suspect in custody, they may release him upon receiving a security deposit or personal guarantee by the suspect.