When extradition is rejected, the question of Red Notice’s future becomes important. INTERPOL issues Red Notice to inform member countries about the search for a person. However, the mere fact of having a Red Notice does not mean automatic extradition. If the court refuses extradition, steps can be taken to remove the Red Notice through legal mechanisms.
What is a Red Notice?
A Red Notice is an INTERPOL notification that is used to inform law enforcement authorities of a wanted person. It is created at the request of one of the countries and includes the personal data of the suspect, a description of the alleged crime and the legal basis for the request.
Despite common misconception, a Red Notice is not an international arrest warrant. It does not oblige INTERPOL member countries to detain the suspect, but may be grounds for his temporary detention. Each state independently decides on the measures that will be applied to the wanted person.
Removing Red Notice is possible in several cases. If the extradition has been rejected, human rights organizations or lawyers can contact INTERPOL to request a review of the case. Also, the Red Notice can be canceled if a violation of international standards or abuse of the extradition mechanism is proven. In such cases, lawyers file a motion to quash the notice using human rights and extradition matters.
How does an Interpol Red Notice relate to extradition?
Red Notice is often used in extradition proceedings, but does not guarantee the arrest or extradition of a person. If the country receiving the request decides not to extradite the suspect, the Red Notice may remain in the INTERPOL system. In such situations, it is important to contact the INTERPOL Control Commission for Files (CCF). It reviews complaints and makes decisions about the legality of Red Notice.
If a person remains in a country that has refused extradition, they may face risks of re-detention. However, refusal to issue is a strong argument for reviewing the case and possible removal of the Red Notice.
Can I be arrested again in the same country?
If extradition is denied, this does not guarantee complete protection from detention. Law enforcement may arrest a person again if new evidence emerges or a new criminal case is filed. In some countries, denial of extradition does not automatically cancel the Red Notice, and law enforcement agencies continue to monitor the suspect’s movements.
If the extradition request is found to be politically motivated or unlawful, the detention in the same case may be challenged. In such cases, you can file a lawsuit or contact INTERPOL with a request to remove the Red Notice. The CCF Commission considers such requests and decides to withdraw the notification if violations of international standards are established.
It is important to note that the Red Notice remains in the INTERPOL database until it is officially cancelled. Even if a person is in a country that has refused extradition, they may face problems crossing the border or during law enforcement checks.
Does Interpol have provisions to cancel such Red Notices?
INTERPOL provides a procedure for removing a Red Notice if its use violates the organization’s charter or international legal norms. The CCF Commission considers requests if there is evidence of political motivation, the unreasonableness of the request or a violation of the rights of the accused.
To successfully remove a Red Notice, you must provide reasoned evidence. This could be court decisions indicating the illegality of the extradition request, or confirmation of the existence of political persecution. Facts of abuse of the INTERPOL system are also taken into account.
INTERPOL does not automatically cancel the Red Notice after refusal of extradition. However, the fact of refusal may be grounds for review of the case. In such cases, it is important to submit the application to the CCF in a timely manner and provide evidence that the request does not meet the organization’s requirements.
The full article by our lawyer can be read at the link.
