What is the relationship between Interpol and Extradition?

How Do Red Notices Facilitate Extradition?

A Red Notice is the main Interpol tool connected with extradition.

INTERPOL defines a Red Notice as a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. It must be based on an arrest warrant or court order issued by the judicial authorities in the requesting country.

A Red Notice usually contains two types of information:

identity information — name, date of birth, nationality, physical description, photographs, fingerprints, and other identifying details where available;

case information — the offence, the requesting country, the legal basis for the request, and details of the warrant or court order.

The purpose is not to try the person or prove guilt. The purpose is to help locate the person and allow the requesting country time to file a formal extradition request.

A Red Notice can help extradition in three practical ways.

Locating the person
The notice can make police and border authorities in other countries aware that a person is wanted abroad.

Provisional arrest
In some countries, a Red Notice may lead to provisional detention while the requesting country prepares extradition documents. In other countries, authorities may require a domestic warrant or court order before arrest.

Starting extradition proceedings
Once the person is located or detained, the requesting country may submit a formal extradition request through diplomatic, judicial, or treaty channels.

A Red Notice is therefore often the first visible step before extradition. But it is not the extradition request itself.

What are the legal procedures for extradition through Interpol?

Strictly speaking, there is no separate “Interpol extradition procedure.” Interpol does not extradite people.

A more accurate way to describe the process is this: a country may use Interpol systems to locate a person, and then start extradition through the legal process of the country where that person is found.

A typical sequence may look like this.

1. National arrest warrant or court order

The process usually begins in the requesting country. A court, prosecutor, or competent judicial authority issues an arrest warrant, detention order, conviction judgment, or other legal decision.

Without a valid national legal basis, a Red Notice should not be issued.

2. Request for a Red Notice

The requesting country sends the material through its National Central Bureau. INTERPOL then reviews the request for compliance with its rules.

INTERPOL states that Red Notices must comply with its Constitution and Rules, and that all Red Notice requests are reviewed by the Notices and Diffusions Task Force before publication.

3. Circulation of the Red Notice

If approved, the Red Notice is circulated through Interpol channels. Some Red Notices are public, but many are not. A person may therefore be affected by a Red Notice or diffusion even if their name does not appear on Interpol’s public website.

4. Location or detention of the person

If the person is located in another country, local authorities decide what action to take. They may question the person, notify the requesting state, deny entry, detain the person, or require additional documents before acting.

The law of the country where the person is found is crucial at this stage.

5. Formal extradition request

If the requesting state wants surrender, it must usually file a formal extradition request. This is normally done through diplomatic channels, central authorities, or treaty procedures.

The request may include:

• identity documents;

• the arrest warrant or conviction judgment;

• a summary of the facts;

• the legal provisions relied on;

• evidence or case materials;

• information on limitation periods;

• assurances where required, such as death penalty or fair trial assurances.

6. Court review in the requested country

The courts or competent authorities in the country of arrest review whether extradition is legally possible.

The defence may raise issues such as:

• dual criminality;

• lack of evidence;

• mistaken identity;

• political motivation;

• human rights risks;

• death penalty exposure;

• unfair trial risk;

• double jeopardy;

• limitation periods;

• procedural defects;

• absence of a valid treaty or legal basis.

7. Executive or ministerial decision

In many countries, the final decision is not made by the court alone. A minister, attorney general, secretary of state, or other executive authority may have to decide whether surrender should actually take place.

At this stage, humanitarian issues, diplomatic assurances, prison conditions, political context, and public policy can become important.

8. Surrender or refusal

If extradition is approved and all appeals fail, the person may be surrendered to the requesting country. If extradition is refused, the person may be released, although other issues may remain, such as immigration status, bail conditions, or the continued existence of an Interpol notice.

Can Interpol notices lead to abuse of extradition?

The Red Notice system is not immune to abuse. Some states may use it to persecute individuals for political reasons, which is contrary to the basic principles of the organization. Article 3 of the Interpol Constitution prohibits the organization from carrying out any intervention or activity of a political, military, religious or racial nature. However, in practice, there are cases where Red Notices are used to persecute political opponents, human rights activists or journalists.

Such abuses can lead to the following negative consequences:

• Violation of human rights. Unlawful detention and extradition may result in violation of fundamental rights and freedoms guaranteed by international conventions, including the “European Convention for the Protection of Human Rights and Fundamental Freedoms”;
• Loss of confidence in the system. Regular cases of abuse undermine the confidence of the international community in the red notice system of extradition and in Interpol as a whole;
• Political conflicts. Using the system for political persecution may exacerbate relations between states and lead to diplomatic conflicts.

In response to these problems, Interpol has implemented a number of reforms aimed at strengthening controls over the publication of notices. The role of the Commission for the Control of Interpol’s Files, which reviews complaints of violations and can decide to remove abusive Interpol Red Notices, has been strengthened.

How can lawyers help in extradition cases involving Interpol?

Lawyers play a vital role in protecting the rights of individuals wanted through the Interpol system. Their professional legal assistance can have a significant impact on the outcome of the case and prevent possible human rights violations. The main ways in which lawyers can assist are:

• Appealing Red Notices. Lawyers can file a request with the Commission for the Control of Interpol’s Files to remove or suspend a Red Notice of Extradition if it is contrary to the organization’s rules or violates the client’s rights;
• Defense in extradition proceedings. In the event of the detention of a wanted person, lawyers represent their interests in court, challenging the legality of a Red Notice of Extradition on the basis of international treaties and national legislation;
• Asylum advice. If there is a risk of persecution for political, religious or other reasons, lawyers can help the client apply for asylum or refugee status;
• International cooperation. Lawyers can cooperate with human rights organizations, foreign colleagues and experts in international law to ensure comprehensive protection of the client;
• Information support. Providing the client with full information about their rights, opportunities and risks allows them to make informed decisions and build an effective legal defense.

Qualified legal assistance in cases related to Interpol extradition is an integral part of the mechanism for protecting human rights and the legitimate interests of individuals who find themselves in a difficult international legal situation.with international bodies like Interpol and are ready to help protect your interests. If you’re looking for professional assistance with complex extradition issues, reach out to us for a consultation. We’ll help you find the best solution for your situation and ensure the strongest defense of your rights.