Short answer: Austria handles international police cooperation through the Bundeskriminalamt, which includes both the Austrian INTERPOL office and SIRENE Austria. A Red Notice is not an international arrest warrant; it is a request based on an arrest warrant or court order, and Austrian authorities apply Austrian law when deciding what action to take. Within the EU, surrender is generally handled through the European Arrest Warrant system.
| Question | Position |
|---|---|
| Is an INTERPOL Red Notice an arrest warrant | No — it is a request that must rest on a warrant or court order from the requesting state |
| Surrender within the European Union | Handled under the European Arrest Warrant, not classic extradition |
| Extradition to non-EU states | Under bilateral treaties and the European Convention on Extradition |
| Human-rights framework | European Convention on Human Rights applies |
| National INTERPOL bureau | Within the Bundeskriminalamt (Federal Criminal Police Office) |
| Where an alert is challenged | Commission for the Control of INTERPOL’s Files (CCF) |
What an INTERPOL Red Notice Means in Austria
An INTERPOL Red Notice is a request to law-enforcement authorities 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 of the requesting country. A Red Notice is not itself an international arrest warrant, and INTERPOL cannot require Austria to arrest a person. Each member country decides what legal value to give a Red Notice under its own law.
Austria’s international police cooperation is coordinated through the Bundeskriminalamt. Its Department for International Police Cooperation includes a dedicated INTERPOL office as well as SIRENE Austria, which manages information exchange connected with the Schengen Information System (SIS). INTERPOL data and SIS alerts therefore operate through separate systems and may need to be assessed separately in an individual case.
A public search on INTERPOL’s website cannot establish that no Red Notice exists. INTERPOL confirms that the majority of Red Notices are restricted to law-enforcement use and are not published publicly. A person seeking information about data concerning them can submit a request to the Commission for the Control of INTERPOL’s Files.
How Does Extradition Work in Austria?
The applicable procedure depends first on whether the requesting state is another EU Member State or a country outside the European Union.
Within the EU, the European Arrest Warrant is the principal judicial surrender mechanism. It replaced traditional extradition procedures between EU Member States with a system based on mutual recognition of judicial decisions. An EAW is distinct from an INTERPOL Red Notice, so challenging or removing INTERPOL data does not by itself determine what happens to a separate European Arrest Warrant.
For extradition outside the EU framework, Austrian law includes the Auslieferungs- und Rechtshilfegesetz (ARHG) — the Extradition and Mutual Assistance Act. Section 1 of the ARHG provides that the Act applies only insofar as an international agreement does not provide otherwise. The relevant treaty framework and Austrian domestic law therefore have to be considered together in a specific extradition case.
An extradition request and an INTERPOL alert should not be treated as the same legal instrument. The CCF reviews the processing of data in INTERPOL’s systems, while decisions concerning extradition are made by the competent national authorities under the applicable legal framework.
What Issues Can Be Relevant When Challenging INTERPOL Data?
A challenge concerning a Red Notice or Diffusion is assessed under INTERPOL’s own legal framework. The CCF considers whether the processing of data complies with INTERPOL’s Constitution and Rules on the Processing of Data rather than deciding the underlying criminal case or the outcome of an extradition proceeding.
Depending on the facts, relevant issues may include:
- whether the case has a predominantly political, military, religious or racial character;
- whether the processing of the data raises fundamental human-rights concerns;
- whether the case concerns a serious ordinary-law crime as required for a Red Notice;
- whether the required arrest warrant or judicial decision exists;
- whether the information recorded by INTERPOL is accurate, relevant and proportionate;
- whether recognised refugee status affects the continued processing of the Notice or Diffusion;
- whether later court decisions, discontinued proceedings or other new developments materially affect the basis on which the data are being processed.
INTERPOL’s rules expressly require respect for fundamental human rights and neutrality. Red Notices may be issued only in relation to serious ordinary-law crimes, and INTERPOL also applies specific safeguards concerning recognised refugee status.
A favourable outcome is not automatic simply because one of these factors is present. The CCF examines the evidence and circumstances of the individual request. It is also important to distinguish between disagreement with the allegations themselves and a challenge to whether the data may lawfully be processed through INTERPOL’s channels.
CCF decisions are final within the ordinary procedure, but an application for revision may be possible where a newly discovered relevant fact could have led the Requests Chamber to a different conclusion. The new fact must meet the requirements of Article 42 of the CCF Statute.
What Should You Do if You Believe an INTERPOL Alert Concerns You in Austria?
The first step is to establish what information is actually available rather than relying only on INTERPOL’s public Red Notice database. Because most Red Notices are not public, absence from the public list does not exclude the possibility that information is being processed through INTERPOL.
A practical review may involve:
- requesting access to personal data through the CCF;
- identifying the country responsible for the INTERPOL data and the underlying arrest warrant or judicial decision;
- determining whether an EAW, SIS alert or separate national procedure also exists;
- reviewing the INTERPOL data against the Organization’s Constitution and Rules on the Processing of Data;
- documenting relevant national judgments, asylum or refugee decisions and other developments that may affect the case;
- assessing any parallel extradition or surrender proceedings separately from the INTERPOL challenge.
Where a situation is genuinely urgent, the CCF has power under Article 37 of its Statute to adopt provisional measures while a request is being examined. Its published procedural guidance gives examples such as imminent extradition, detention resulting from INTERPOL data or certain protective-status situations. Possible measures can include blocking access to data, removing information from INTERPOL’s public website or giving the matter priority, but these measures remain discretionary and depend on the circumstances of the individual case.
If both INTERPOL data and extradition proceedings are involved, the two tracks should be analysed separately. A CCF procedure concerns compliance of data processed through INTERPOL, while the legality and outcome of extradition or surrender are matters for the competent national or regional authorities.
Who will handle your case
Applications to the Commission for the Control of INTERPOL’s Files are drafted and signed by a senior partner, and you deal with that partner throughout — the argument you file is the one you discussed.
Fees are set after a free assessment of the file, because the work depends on whether a notice exists at all, which country supplied the data and how far the case behind it has gone. See the full team on our team page, or speak to a partner directly: +357 96 447475.
FAQ
Can I be detained in Austria on an INTERPOL Red Notice?
Yes, detention may be possible, but an INTERPOL Red Notice does not itself require Austria to arrest a person. Austrian authorities apply Austrian law, and the existence of the underlying arrest warrant or judicial decision and the applicable extradition or surrender procedure are relevant to whether measures restricting liberty can be taken.
What is the difference between an EAW and a Red Notice in Austria?
A European Arrest Warrant is an EU judicial surrender mechanism with defined grounds for non-execution, while an INTERPOL Red Notice is a request for location and provisional arrest whose legal effect depends on national law. The two instruments are separate and may exist in the same case.
Do Schengen alerts matter as well as INTERPOL data?
Yes. An alert in the Schengen Information System (SIS) and an INTERPOL Red Notice are processed through separate systems. If both exist in the same case, action affecting INTERPOL data does not automatically remove the SIS alert, and each record must be addressed under the procedure applicable to that system.
How do I establish whether an alert exists?
A request for access to the Commission for the Control of INTERPOL’s Files (CCF) can be used to establish whether personal data concerning you are being processed in INTERPOL’s Information System. A search of INTERPOL’s public Red Notice database cannot rule out an alert because the majority of Red Notices are restricted to law-enforcement use.
Can the alert be removed if the case against me is political?
Potentially. Article 3 of INTERPOL’s Constitution prohibits the Organization from undertaking activities of a political, military, religious or racial character. Whether this rule requires deletion in a particular case depends on the evidence and the circumstances reviewed by the CCF; the political character of a case must be demonstrated rather than merely asserted.
Related Jurisdictions
This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified lawyer.