Short answer: Portugal cooperates with INTERPOL through its National Central Bureau in Lisbon, which forms part of the Polícia Judiciária. An INTERPOL Red Notice is not an international arrest warrant, and Portuguese authorities decide what action may be taken under Portuguese law. Within the European Union, surrender is generally handled through the European Arrest Warrant system, while extradition outside that framework is governed by Portuguese law and applicable international agreements.
| 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 Polícia Judiciária |
| Where an alert is challenged | Commission for the Control of INTERPOL’s Files (CCF) |
| Extradition of Portuguese nationals | Not barred by citizenship alone; depends on the treaty relied on |
| Death penalty exposure | Extradition refused |
| Life imprisonment exposure | Requires assurances or a cap on the sentence that may be served |
What Does an INTERPOL Red Notice Mean in Portugal?
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 is not an international arrest warrant. Each INTERPOL member country applies its own law when deciding whether and how to act on a Red Notice.
Portugal’s National Central Bureau is located in Lisbon and forms part of the Polícia Judiciária, the country’s criminal investigation police. The NCB links Portuguese law-enforcement authorities with INTERPOL’s international police network and provides access to INTERPOL information used in cross-border investigations.
A Red Notice should also be distinguished from a European Arrest Warrant. Portugal is an EU Member State, so a judicial authority in another EU country may use the EAW system to request arrest and surrender for prosecution or enforcement of a custodial sentence. The EAW is a judicial surrender mechanism and operates independently from an INTERPOL Red Notice.
This distinction matters because cancelling or deleting INTERPOL data does not automatically determine the status of a separate European Arrest Warrant. Where both mechanisms are involved, each must be considered under its own legal framework.
How Does Extradition Work in Portugal?
For requests coming from outside the European Arrest Warrant framework, extradition is governed by Portugal’s Law on International Judicial Cooperation in Criminal Matters — Lei n.º 144/99 — together with any applicable treaty, convention or agreement.
Under Article 31 of that law, extradition may take place for criminal prosecution or enforcement of a custodial sentence or security measure. Portuguese law also contains requirements relating to the seriousness of the offence and double criminality, although an applicable treaty may establish different thresholds.
Portugal is also a party to the European Convention on Extradition, subject to its reservations and declarations. The applicable legal basis therefore depends on the requesting country and the treaty relationship involved.
Extradition and an INTERPOL Red Notice are separate legal matters. The Red Notice concerns information circulated through INTERPOL channels; the extradition request is considered by national authorities under Portuguese law and the relevant international framework.
Can Portugal Extradite Portuguese Citizens?
Portuguese nationality creates important restrictions in classic extradition proceedings.
Article 33 of the Portuguese Constitution provides that extradition of Portuguese citizens is permitted only under conditions of reciprocity established by an international convention, in cases involving terrorism or international organised crime, and where the requesting state guarantees a fair trial.
Lei n.º 144/99 reflects those restrictions. It generally excludes extradition where the requested person is a Portuguese national, while providing an exception where:
- extradition of nationals is permitted by an applicable treaty, convention or agreement;
- the conduct concerns terrorism or international organised crime; and
- the requesting state provides guarantees of a fair and equitable trial.
For extradition under that exception, Portuguese law also contains requirements concerning return to Portugal for enforcement of any resulting sentence, subject to the conditions set out in the statute.
This framework should not be confused with surrender under the European Arrest Warrant. The Portuguese Constitution expressly preserves the separate rules of judicial cooperation adopted within the European Union.
What Happens if the Requesting State Has the Death Penalty or Life Imprisonment?
Portuguese constitutional law places clear limits on extradition involving certain penalties.
Article 33 of the Constitution prohibits extradition or surrender for political reasons and for offences that carry the death penalty or another punishment resulting in irreversible injury to physical integrity.
Where the requesting state provides for a sentence or security measure of a perpetual or indefinite nature, extradition is permitted only under the conditions established by Article 33(4). Among other requirements, the requesting state must provide guarantees that the relevant perpetual or indefinite punishment will not be applied or executed.
Portugal has also entered reservations under the European Convention on Extradition relating to fair-trial guarantees and inhuman conditions of detention.
For this reason, the possible sentence and the assurances offered by the requesting state can be legally significant in a Portuguese extradition case.
What Issues Can Be Relevant When Challenging INTERPOL Data?
A challenge to a Red Notice or Diffusion is considered under INTERPOL’s own Constitution and data-processing rules rather than Portuguese extradition law.
Depending on the facts of the case, relevant issues may include:
- whether the case is predominantly political, military, religious or racial in character;
- whether processing the information complies with INTERPOL’s fundamental-rights obligations;
- whether the Red Notice relates to a serious ordinary-law crime;
- whether the required arrest warrant or judicial decision exists;
- whether the data are accurate, relevant and sufficiently up to date;
- whether refugee or other protective status is relevant to the continued processing of the information.
Article 3 of INTERPOL’s Constitution prohibits the Organization from undertaking activities of a political, military, religious or racial character. The CCF assesses Article 3 arguments case by case, including whether those elements predominate over the ordinary criminal-law aspects of the matter.
The Commission for the Control of INTERPOL’s Files is the independent body responsible for requests concerning access to, correction of or deletion of personal data processed through INTERPOL.
What Should You Do if You Believe an INTERPOL Alert Concerns You in Portugal?
The first step is to establish what information may actually exist and which legal mechanisms are involved.
A public search of INTERPOL’s website cannot rule out a Red Notice. INTERPOL confirms that the majority of Red Notices are restricted to law-enforcement use and are not published publicly.
A practical review may therefore involve:
- submitting a request to the CCF for access to personal data;
- identifying the country responsible for the INTERPOL information;
- establishing whether there is an underlying arrest warrant or judicial decision;
- determining whether an EAW or separate extradition request also exists;
- reviewing the information for compliance with INTERPOL’s Constitution and Rules;
- examining any parallel criminal or extradition proceedings in Portugal or the requesting country.
Since March 2026, requests for access, correction, deletion and revision are submitted to the CCF through its dedicated online portal.
Where extradition proceedings and an INTERPOL challenge exist at the same time, the two procedures should be analysed separately. A CCF decision concerns the processing of information through INTERPOL, while extradition or surrender is determined by the competent judicial authorities under the applicable national or EU framework.
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
Does Portugal extradite its own citizens?
Portuguese nationality generally prevents extradition under Portugal’s ordinary extradition framework, but there are limited exceptions. Extradition of a Portuguese citizen may be permitted where an applicable international agreement allows it, the case concerns terrorism or international organised crime, and the requesting state provides guarantees of a fair trial. Separate rules apply to surrender under the European Arrest Warrant system.
Will Portugal extradite where the offence carries life imprisonment?
Potentially, but only subject to strict safeguards. Where the requesting state provides for a custodial sentence or security measure of a perpetual or indefinite nature, Article 33 of the Portuguese Constitution requires guarantees that such a punishment will not be applied or executed. Extradition is not permitted for offences carrying the death penalty.
How does a European Arrest Warrant differ from a Red Notice here?
A European Arrest Warrant is an EU judicial surrender mechanism, while an INTERPOL Red Notice is a request to locate and provisionally arrest a person pending possible extradition or similar action. They are legally separate instruments and may exist in the same case. Removing INTERPOL data does not automatically cancel a separate EAW.
How can I check whether an alert names me in Portugal?
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 is not conclusive because the majority of Red Notices are restricted to law-enforcement use.
Can the alert be challenged while extradition proceedings run in Portugal?
Yes. A request concerning INTERPOL data can be considered by the CCF while separate extradition proceedings are taking place in Portugal. The two procedures have different functions: the CCF reviews whether data processed through INTERPOL comply with INTERPOL’s rules, while Portuguese judicial authorities decide extradition or surrender under the applicable national or EU framework. In urgent cases, including where extradition is clearly imminent, the CCF may consider provisional measures in relation to the INTERPOL data.
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.