Extradition
For individuals who have faced criminal prosecution in a foreign jurisdiction, extradition can often be one of the most critical stages of their overall defense. Interpol Red Notices, which typically precede formal extradition procedures, are often just as significant in terms of how much a pending criminal case affects a person’s freedom. However, this is influenced by the crimes committed by the person who has been issued a Red Notice.
Drawing on extensive experience, our lawyers provide legal advice on extradition laws. They can negotiate with law enforcement to get a reduction in charges or favorable bail conditions for clients facing extradition. Our lawyers always act in the best interests of our clients, assisting them in removing red notices, which can lead to an out-of-court settlement and their return to their home country.
When it’s in the client’s best interest, the Interpol-Stop team of qualified lawyers works in any country to challenge extradition requests at the source. We’re also ready to gather all necessary information, including the grounds on which the extradition was announced. This can be used to refute it before Interpol. Extradition specialists have significant experience in defending both requested individuals and foreign governments.
What is extradition?
Extradition is the legal process where foreign countries request other states to return an alleged criminal to their jurisdiction to stand trial and serve sentences in the requesting country. Historically, there was no formal legal duty to extradite a person. The process was often based on informal extradition agreements between the leaders of the two countries involved.
The increasing number of such legal matters has created the need for more former extradition treaties to foster international cooperation between different countries. These extradition treaties describe the legal process of transferring the accused person from one state to the prosecuting country.
When an extradition treaty is activated, an extradition arrest warrant is issued to apprehend the fugitive and transport them to the requesting state. However, a person can also be provisionally arrested in many countries and extradited to the state requesting extradition following an Interpol red notice.
Extradition based on Interpol’s red notice
An Interpol Red Notice is a formal request to law enforcement authorities to help locate and provisionally arrest an individual pending surrender and extradition to face legal action. However, this international arrest notice isn’t an arrest warrant and the requested state has the right to refuse extradition depending on the circumstances.
While red notices are critical in combating international crimes, they are increasingly being misused to intimidate and persecute individuals for religious, military, and political offenses. In such cases, you need legal representation from lawyers who are experienced in extradition law to help you challenge such notices.
Before diving into extradition proceedings, it’s crucial to examine all the details of the case. It’s worth noting that the deepening of international cooperation, an increase in business and tourist activities, and the movement of people between countries only indicate that the number of extradition cases is expected to rise in the future.
International manhunt is carried out through the National Central Bureau (hereafter referred to as the National Bureau) of Interpol and is conducted within the territory of each member state per international law standards, as well as the national laws of the member states. The National Bureau has the authority to issue 8 different types of notices, 7 of which are assigned a specific color based on their purpose:
- Red Notice;
- Blue Notice;
- Green Notice;
- Yellow Notice;
- Black Notice;
- Orange Notice;
- Purple Notice;
- Silver Notice.
The most common is Interpol’s Red Notice, which signifies a commitment to arrest the criminal within the territory of the member state and hold them until sentencing or agreement to extradition. The request process includes the following stages:
- Request from law enforcement to the National Bureau.
- Inspection by the National Bureau of Compliance with International Acts.
- The National Bureau’s request to the INTERPOL General Secretariat for publication.
- Re-verification by the General Secretariat.
- Issuing a search notice and sending the information to member states.
The General Secretariat of Interpol can unilaterally refuse an international search for a person if the crime is of a political, military, religioor us, racial nature or is related to economic motives. Extradition in such cases is not possible, and information about the search for the person is removed from Interpol’s databases. For other serious crimes that threaten national security, an individual can be detained until a decision is made on their extradition to their country of origin, according to the existing extradition treaty.
When someone is wanted internationally, they’re usually detained during border control checks. Sometimes, the person might not even know they’re being sought after or that there’s a case against them. To check if they’re on the international wanted list, one can look themselves up in Interpol’s public database. However, only Red Notices are listed there, which are the ones that allow for extradition.
How are decisions on extradition made?
ccording to the Extradition Act, the procedure related to extradition matters is officially considered by the Attorney General of the Commonwealth.
Exclusive agreements are in place with several countries, but generally, extradition proceedings are primarily handled by the police rather than between national governments. If another country initiates the extradition process, the Attorney General will send a written notification to the Federal District Court. Then, the judge must determine whether the person sought for extradition is eligible for it.
When making this decision, the judge takes into account:
- Dual criminality — extradition to a foreign country is possible if the act is considered a crime under the laws of the country where the person is located, as well as under the laws of the requesting state.
- If there are any objections to extradition, the country will refuse to extradite if, for example, the person has already been punished for the crime or is unlikely to receive a fair trial in the event of extradition.
- If there’s a risk of execution for someone facing extradition, no civilized country would allow the extradition if the death penalty were a possible outcome. That is a strong for denying extradition requests in most countries.
After the judge acknowledges that the individual is eligible for extradition, the final decision rests with the Attorney General before proceeding with the requests for the criminal’s extradition.
Extradition lawyers
Interpol-Stop lists individuals whose extradition has been requested across various jurisdictions, including. The alleged offenses range from commercial crimes, fraud, and corruption to the full spectrum of criminal activities, including espionage, murder, illegal drug trafficking, and robbery.
We provide legal support to clients facing requests for mutual legal assistance or Interpol Red Notices, in matters of extradition and criminal law enforcement.
Extradition: How Do We Work?
We specialize in cases related to European and international arrest warrants in various countries, including Albania, Australia, Switzerland, the USA, and others. We provide consultations and support on extradition matters, as well as expert opinions and recommendations on criminal law and procedural regulations.
We advise clients on their rights and obligations under mutual legal assistance agreements, on how best to mitigate risks, and interact with investigative bodies. Our lawyers also provide counsel to many individuals in connection with Interpol Red Notices, which are issued at the request of an Interpol member country, indicating that it seeks the provisional arrest of a person with the aim of extradition. In matters of extradition, Red Notices, and Interpol, we have excellent contacts with leading local lawyers in other jurisdictions, and we often work with them to achieve the best outcomes for our clients.
Even if you just suspect that an extradition request is on its way or that Interpol might be processing information related to you, it’s wise to be prepared. Taking preventative steps can also help us avoid an unexpected arrest and implement procedures that significantly increase your chances of being released on bail.
