Extradition Lawyers in Mexico
For many years, Mexico has had a reputation as a haven for criminals. However, under international agreements and cooperation, it has become practically impossible to escape justice abroad.
As one of the largest countries in Latin America, Mexico maintains active diplomatic and legal ties with a wide range of countries around the world. The extradition process in the country is regulated by national legislation and international agreements. Our Interpol’s team of lawyers regarding extradition issues, Mexico is ready to provide individual and practical solutions for each specific case.
What is Extradition?
Extradition is the legal process of transferring an accused or convicted individual from one country to another for the purpose of criminal prosecution and the enforcement of a court’s sentence. The procedure for extradition is carried out based on international treaties, agreements between countries, and the principle of reciprocity.
The goal of extradition is to ensure justice, even if the suspect or convicted individual has left the country and fled abroad.
Extradition is applied in cases of serious crimes that carry a criminal penalty of at least 1 year of imprisonment. Such acts often include murder and attempted murder, terrorism, drug trafficking, sexual and labor exploitation, money laundering, organized crime, financial fraud, corruption, cybercrimes, and others.
To carry out an extradition request in Mexico, certain conditions must be met:
- The principle of dual criminality: the crime must be recognized as criminally punishable in both countries.
- The principle of non bis in idem: a person cannot be extradited if they have already been convicted or acquitted for the same crime in Mexico.
- Political motivation: extradition is not possible if the crime is of a political nature or if the request is aimed at prosecuting an individual for political reasons.
- Humanitarian reasons: extradition threatens the person’s life or health.
- Statute of limitations: if the statute of limitations for a crime has expired in one of the countries, extradition will be denied.
- Fair Trial: The requesting state must guarantee that the person being extradited will receive a fair trial and will not be subjected to torture, the death penalty, or inhumane treatment.
If you or your loved ones are facing the threat of extradition, it’s crucial to seek professional legal support. Reach out to our attorneys for expert assistance. We’re ready to defend your rights and interests at every stage of the extradition process.
The Extradition Process in Mexico
The extradition process in Mexico begins with the submission of an official request through diplomatic channels, usually through the Ministry of Foreign Affairs. It must include identification information about the person sought, a description and legal classification of the crime, evidence proving guilt, and a national arrest warrant.
The Attorney General’s Office of Mexico (FGR) is reviewing a request for compliance with national legislation and international agreements. If sufficient evidence is confirmed, the prosecutor’s office will initiate a temporary detention of the person sought. This is effective for a limited time until the start of the trial.
Then, the case is transferred to the Federal Court of Mexico, which evaluates the extradition request. The suspect has the right to legal representation, to challenge the evidence, and to file appeals.
After reviewing the case, the court issues a recommendation: to approve or deny the extradition request. The final decision is made by the Mexican Ministry of Foreign Affairs. If approved, the individual is handed over to representatives of the requesting state for further legal proceedings or to serve their sentence.
Agreements with Mexico that do not include extradition
The main legal document that governs the extradition procedure in Mexico is the Federal Law on International Cooperation. Additionally, the country has signed the UN Convention against Transnational Organized Crime, the Convention against Corruption, and other documents that facilitate extradition.
One of the key forms of international legal cooperation in the fight against crime is extradition treaties—official agreements that regulate the process of transferring accused or convicted individuals from one country to another. However, despite a wide range of existing bilateral agreements, there are quite a few countries with which Mexico lacks such treaties.
There are many reasons why countries do not sign extradition treaties: the absence of stable diplomatic relations, differences in legal systems and criminal law, geopolitical interests, and many others.
Mexico lacks bilateral extradition agreements with the following countries:
- North Korea;
- Iran;
- Cuba;
- China;
- Syria;
- Belarus;
- Vietnam;
- Mongolia;
- Afghanistan;
- Yemen;
- Sudan;
- Eritrea;
- Myanmar;
- Laos;
- Zimbabwe
- Turkmenistan
- Somalia;
- Libya;
- Iraq;
- Democratic People’s Republic of Korea.
If the individuals being sought leave Mexico and take refuge in a country with which there is no extradition treaty, it will be extremely difficult to bring them back for trial.
What is a Red Notice?
An Interpol Red Notice is an international request for the location and provisional arrest of a person wanted for serious crimes, with the aim of their subsequent extradition.
It’s important to note that a Red Notice does not have legal force. International arrest warrant This is merely a signal to the law enforcement agencies of the member countries to take measures in accordance with national legislation.
Among the main functions of the red notice, the following should be highlighted:
- Locating an individual and temporarily detaining them until an official extradition request is submitted;
- Exchange of information between countries about suspects or convicted individuals;
- Notification to law enforcement about potential threats from a wanted individual.
In an Interpol Red Notice, the following information is contained:
- Identification information: Full name and possible aliases, citizenship, date and place of birth, photographs, fingerprints, and other biometric data, physical description (tattoos, scars, and other distinguishing features);
- Legal qualification: a brief summary of the essence of the charge or verdict, articles of national legislation on which the charge is based, the initiating authority and its contact information.
- National Arrest Warrant: Grounds for Issuance of Notice.
The request for issuing a notice is submitted by the law enforcement agencies of the country to the General Secretariat of Interpol. It is accompanied by a national arrest warrant and a detailed description of the crime.
The Secretariat checks whether the request complies with the rules and the Organization’s Charter. After approval, a notification is published in Interpol’s database, accessible to law enforcement agencies of member countries.
Every country makes decisions about actions regarding an individual based on its national laws. If the person being sought is detained, the country must submit an official request for extradition.
How to remove a red Interpol notice?
A Red Notice is a powerful tool for tracking down individuals suspected of committing serious crimes. However, in some cases, it can be issued unjustifiably or in violation of human rights. Therefore, it’s critically important to secure legal support from an experienced attorney as quickly as possible for a successful appeal of a Red Notice.
For removal of the red notification it is necessary to prove one or more of the following grounds:
- The notification is related to political motives, persecution for political activities, or opposition views.
- In the requesting country, there is a risk of unfair judicial proceedings, the use of torture, and inhumane treatment.
- The evidence presented is insufficient or there is no basis for criminal prosecution.
- The crime mentioned in the notification is not criminally punishable in one of the countries.
- The statute of limitations on the case expired in accordance with the legislation of one of the countries.
- The notification contradicts Interpol’s Constitution.
The appeal process for a Red Notice should begin with gaining access to the notice through a legal representative. An experienced specialist will analyze the content of the notice, the evidence provided, and the grounds for its issuance. After that, they will prepare all documents that substantiate the notice’s lack of justification.
Based on the collected documents, the lawyer will draft a complaint to the Commission for the Control of Interpol’s Files. The complaint must include the personal information of the individual for whom the notice was issued, reasons for removal, and documents that substantiate the unjustified nature of the Red Notice (court decisions, witness testimonies, and others).
The CCF checks the legality of the notice, compliance with Interpol rules, and the evidence provided. The process can take from several months to a year. The Commission may decide to either remove the notice from the Interpol database or reject the request with reasons provided.
If your request is denied, you may submit a new application with additional evidence or appeal to national courts in Mexico or international bodies to protect your rights.
How can Interpol’s lawyers assist you with extradition?
If you or your loved ones are facing the threat of extradition in Mexico, timely legal assistance can be key to protecting your interests. Lawyers specializing in Interpol cases possess unique knowledge and experience that can help successfully navigate this complex process.
Our specialists provide the following services to clients:
- Analysis of the legality and justification of the extradition request;
- Identifying procedural violations or grounds for refusal;
- Representation of the client’s interests in court, preparation of all necessary documents;
- Challenging decisions on issuance;
- Preparing appeals and complaints against extradition decisions;
- Protecting clients’ interests in higher international bodies;
- Challenging and removing red notices related to extradition requests;
- Preparing requests for the Commission for the Control of Interpol’s Files;
- Legal consultations for preparing clients for court hearings and cooperation with law enforcement agencies;
- Assistance in minimizing the consequences of extradition in the event it is carried out.
We have a successful track record of defending clients at all stages of the extradition process. Our experts are ready to answer your questions and provide assistance at any time.
Contact us right now for an initial consultation and to discuss the next steps for removing a red notice or appealing extradition. Our team is ready to protect your interests, minimize potential legal consequences, and ensure a fair resolution of the case.
