The UAE is preparing for one of the highest-profile and most complicated extradition cases in its history, after alleged drug kingpin Daniel Kinahan was arrested by Dubai Police last week.
The detention of Kinahan came as police in the city executed an international arrest warrant issued by Irish authorities.
Kinahan, 48, now faces extradition to his homeland of Ireland, where he would face trial, probably in Dublin's Special Criminal Court, which handles terrorism and serious organised crime. He is accused of having run a multibillion-dollar drug operation.
Before Kinahan can be returned to Ireland, the Dubai Court of Appeal must rule as to whether Dublin's request meets the legal requirements for extradition.
“The court does not determine guilt or innocence, but focuses solely on the admissibility of the request,” said Emirati lawyer Abdullah Al Nasser, founder of Araa Advocates Group.
“If the court decides to approve or refuse the extradition request, the decision can be appealed by either the prosecution or the defendant within 30 days.”
Extradition can only proceed once a final ruling has been issued and approved by the Minister of Justice, Mr Al Nasser added.
While suspects facing extradition from the UAE are typically represented by Emirati lawyers, it is possible for Kinahan to be represented by a non-Emirati if he receives special dispensation from the court.
For the extradition request to be granted, certain conditions must be met, most notably the principle of dual criminality.
“The alleged offence must be recognised as a crime in both jurisdictions and typically carry a prison sentence of at least one year,” Mr Al Nasser said.
No date has been announced for Kinahan's hearing. Dubai Court of Appeal typically holds proceedings on Mondays.
The extradition process is not always simple, another legal expert said. A number of cases have faltered in the past due to documents not being filed properly or on time.
Legal wrangling
“There may be some extra consideration needed in response to arguments made by Kinahan, but in general terms it would be likely he’ll be extradited before too long,” said Prof Paul Arnell, who researches extradition at Robert Gordon University in Scotland.
“In the UK, some cases do drag on because they’re subject to appeals. My general understanding is the legal system [in the UAE] would be considerably more efficient.
“While there could be a delay and representations made on his behalf … I don’t think it would be that long.”
Kinahan and his organisation were publicly identified and placed under sanctions by the US in 2022, but no arrest warrant was issued until April 15.
The arrest, made by Dubai Police in co-operation with the Ministry of Interior, came as part of the UAE's efforts to tackle organised crime and pursue internationally wanted suspects.
After Kinahan's detention, Ireland's Prime Minister Micheal Martin thanked the UAE for its co-operation, telling Irish media that the arrest confirmed “the strong relationship with the United Arab Emirates in terms of extradition arrangements”.
Last year, Sean McGovern became the first of Kinahan's alleged associates to be extradited from the UAE. He is awaiting a sentence for organised crime offences from Ireland's Special Criminal Court.
Contested cases
The high-profile case of a British hedge fund trader who was extradited from the UAE to Denmark to face trial over serious financial crimes demonstrated the key role that extradition agreements can play.
Sanjay Shah, who lived in a mansion on Palm Jumeirah, was sentenced to 12 years in prison by a Danish court in December 2024 after being convicted of large-scale tax fraud.
Shah was found guilty of orchestrating a complex trading scheme to swindle 9 billion Danish krone ($1.27 billion) in dividend tax refunds from Copenhagen's treasury between 2012 and 2015. He was also found guilty of attempting to defraud the state of an additional 553 million krone.
The UAE and Denmark signed an extradition treaty in March 2022, which proved crucial to ensuring Shah was brought to justice. An international warrant for Shah's arrest was received by Dubai Police on January 7, 2023.
He was extradited from the UAE to Denmark in December 2023. The fraud was both highly complex and reportedly held up by issues with Danish extradition documents.
Another high-profile case highlighted how long the process can take from arrest until the extradition. Nordin El Hajjioui was extradited from the UAE to Belgium to face trial on drug trafficking charges in 2024 – almost four years after his arrest in Dubai.
He was jailed for 12 years in January of this year.
