The Cassation Council refuses to hand over an accused to the Egyptian authorities

Yesterday, the Court of Cassation issued a decision to reject a request submitted by the competent authorities in Egypt to extradite a person wanted in criminal cases, after a decision was issued by the Abu Dhabi Court of Appeal to extradite him.

The Public Prosecution had presented to the court the extradition request received from Egypt to accuse him in eight different cases, on the basis that the request met the extradition conditions stipulated in federal law.

The Abu Dhabi Court of Appeal ruled to accept the request and approve the request to extradite him to the authorities of his country, stressing in the merits of its ruling that “the request met the legal conditions for extradition regarding international judicial cooperation in criminal matters,” and the act attributed to the person whose extradition was requested was criminal in both countries, and the crime charged was It is punishable by law in both countries by more than one year in prison, and it is one of the crimes for which extradition is permissible.

The rationale for the ruling added that “the extradition request was submitted in writing, through the diplomatic route, accompanied by data and documents certified by the competent authorities.”

Lawyer Ali Al-Abadi, present for the accused, said in the reasons for his appeal before the Court of Cassation that the extradition request did not meet the legally required conditions, in accordance with the text of Article (11) of Federal Law No. (39) of 2006 regarding international judicial cooperation in criminal matters, as It appears from the documents attached to the case file, issued from the accused’s country, that the judgments issued against him are judgments in absentia, not enforceable, in addition to the fact that the accused has appealed these judgments.

He revealed the existence of documents issued by the Attorney General of the Port Said Prosecution Office halting the implementation of absentia penalties issued in these cases, which makes the extradition request not meet the legal requirements.