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The Prosecutor General of the Russian Federation on behalf of the Russian Federation signed the Russian-Emirati treaties on extradition and mutual legal assistance in criminal matters
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Today, on November 25, 2014, in Abu Dhabi (UAE) the Russian Prosecutor General Yuri Chaika met with the Minister of Justice of the UAE Sultan bin Saeed Al Badi.

Yuri Chaika thanked the Minister of Justice of the UAE for the high level of organization of the 19th Annual Conference of the International Association of Prosecutors (IAP) in Dubai, and stressed that economic, humanitarian and cultural cooperation between Russia and the United Arab Emirates has been actively developing in recent years.

During the meeting the departments’ heads signed treaties on extradition and mutual legal assistance in criminal matters.

The draft documents were agreed by all concerned departments of the Russian Federation, as well as at the expert level in the first three rounds of the Russian-Emirati consultations in 2009, 2011 and 2014.

Conclusion of the Extradition Treaty is aimed at strengthening the international legal framework of the Russian-Emirati cooperation in combating crimes.

Under the Treaty, the parties undertake to extradite persons on request for criminal prosecution or execution of sentence for an extraditable offense.

According to the document, extraditable offenses mean acts, which are punishable in accordance with the laws of both countries and for which the penalty of imprisonment for a term of not less than 1 year or more serious punishment is prescribed. Extradition shall not be made if there are reasonable grounds to believe that the extradition request is submitted for the purpose of prosecuting or punishing a person on grounds of race, sex, religion, nationality, ethnic origin, or because of his political beliefs.

The Treaty also has provisions on fundamental rights and freedoms of a man and citizen (for example, it contains a provision, under which a person may be temporarily detained until his extradition).

In addition, the document contains provisions on non-extradition of own citizens, respite of extradition and temporary extradition, request for provisional arrest, furnishing of additional information, including guarantees of confidentiality and restrictions on the use of the fact that the request for extradition was received. The Treaty regulates competing issues concerning extradition, decision-making procedure under the request and regulations on transfer of persons and objects located in the territory of the requested party, which were acquired as a result of a crime or are evidence in the case.

The Treaty on Mutual Legal Assistance in Criminal Matters is aimed at strengthening the legal framework of the Russian-Emirati cooperation in this area.

The document is based on the principle of reciprocity and establishes requirements for the scope, form and content of the request for legal assistance, as well as grounds for refusal. Also, the Treaty regulates reception of evidence, provision of other documents, location and identification of persons and objects, summon of witnesses, victims and other persons, as well as provisional transfer of persons being in custody, including persons serving a prison sentence. In addition, the document defines the volume of executing the requests for search and seizure of items related to the crime, as well as for the arrest or confiscation of assets derived from criminal activity.

The Treaty contains provisions on fundamental rights and freedoms of a man and citizen, in particular, security guarantees for a person, who appeared before the competent authority of the requesting party.

As noted by the Prosecutor General of the Russian Federation, the signed treaties will bring the bilateral cooperation in the field of criminal justice to a new level and will become an effective tool in combating crime, which knows no state borders.

At the same time, Yuri Chaika underlined that this important event was the first step towards improving the interdepartmental interaction of two countries in these areas and suggested that the Prosecutor General of the Russian Federation and the Ministry of Justice of the United Arab Emirates should sign the Cooperation Agreement in the near future. The draft document includes not only the exchange of experience on the most important activities of the departments through joint work, but also the possibility of consultations on cooperation in the field of extradition and mutual legal assistance in criminal matters, including the preparation and execution of specific requests.

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