Extradition
For a person facing criminal proceedings abroad, extradition may become the most urgent stage of the defence. The process can involve provisional arrest, detention, court hearings, diplomatic communications and a final decision on surrender to the requesting state.
An INTERPOL Red Notice may appear before a formal extradition request, although these procedures remain legally separate. A Red Notice can alert national authorities to a wanted person, while the actual surrender requires a valid legal basis and a decision under the law of the country where that person is found.
Our extradition lawyers analyse the foreign arrest warrant, applicable treaties, alleged offences, procedural deadlines and available grounds for opposing surrender. When an INTERPOL alert is involved, we also assess whether the data may be challenged before the Commission for the Control of INTERPOL’s Files.
What is extradition?
Extradition is a legal procedure through which one state asks another state to surrender a person for criminal prosecution or execution of a sentence.
The country seeking the person is usually called the requesting state. The country where the person has been located is the requested state.
The procedure may be governed by a bilateral treaty, a multilateral convention and the domestic legislation of the requested state. The precise rules vary between jurisdictions, so the existence of a foreign warrant alone does not determine the outcome.
Under the European Convention on Extradition, for example, surrender is available for qualifying offences punishable in both states. The Convention also regulates political offences, extradition of nationals, limitation periods, capital punishment, provisional arrest and the supporting documents required from the requesting state.
⚠️ EXTRADITION DEFENCE — TIME IS CRITICAL
Challenging International Arrest Warrants & Surrender Requests
Our specialist legal team provides urgent representation against provisional arrest warrants and formal extradition requests. We thoroughly analyze bilateral treaties, uncover critical due process violations, and execute proactive cross-border defense strategies to block unlawful transfers and safeguard your global freedom.
How does an extradition case begin?
The process usually starts with a national criminal case, conviction or enforceable arrest warrant in the requesting state. Its authorities then attempt to locate the person abroad.
They may use diplomatic channels, direct cooperation between central authorities or INTERPOL. In urgent cases, a request for provisional arrest can be transmitted before the complete extradition documents arrive. Under the European Convention on Extradition, such a request may be sent through INTERPOL, while the requested state decides whether to arrest the person under its own law.
A typical case involves the following stages:
- A national warrant, detention order or enforceable judgment is issued.
- The person is located in another jurisdiction.
- Local authorities consider provisional arrest.
- The requesting state submits a formal extradition request and supporting documents.
- A court or other competent authority examines the legal conditions for surrender.
- The person may challenge detention and the extradition decision.
- If extradition is approved, the authorities arrange the transfer.
The allocation of powers differs between countries. A court may determine whether the legal requirements have been met, while a minister, prosecutor or central authority may retain a separate role in the final decision.
Extradition based on an INTERPOL Red Notice
A Red Notice asks law enforcement authorities worldwide to locate a person and consider provisional arrest pending extradition, surrender or similar legal action. It must be based on an arrest warrant or court order issued by the authorities of the requesting country.
A Red Notice has no status as an international arrest warrant. INTERPOL cannot compel a member country to detain anyone. Each state decides what legal value it gives the notice and whether its police have sufficient authority to make an arrest.
This distinction has practical consequences. In one country, the notice may lead to immediate detention. Elsewhere, authorities may require a separate provisional arrest request, domestic court order or additional documents.
A Red Notice also does not replace the formal extradition request. After locating the person, the requesting state normally has to send the documents required by the relevant treaty and national law within a specified period.
These documents may include:
- an authenticated arrest warrant or judgment;
- a description of the alleged conduct;
- the applicable criminal provisions;
- information about the possible or imposed sentence;
- evidence identifying the requested person;
- available material supporting the accusation.
If the documents arrive late or remain incomplete, the defence may seek release from provisional detention. Release does not always prevent a later arrest if a complete request is subsequently received. Under the European Convention on Extradition, provisional release remains possible, and a later formal request may support renewed arrest.
Can you check whether an INTERPOL notice exists?
INTERPOL publishes extracts from some Red Notices in its public Wanted Persons database. Most notices remain restricted to police authorities, so an unsuccessful public search does not confirm the absence of an alert.
An individual can submit an access request to the CCF to determine whether personal data are being processed in INTERPOL’s Information System. From 26 March 2026, new requests for access, correction, deletion or revision must be submitted through the secure CCF online portal, except where the Commission accepts exceptional circumstances.
The CCF generally decides an admissible access request within four months. Requests for correction or deletion are generally decided within nine months after admissibility.
The CCF reviews compliance with INTERPOL’s rules. It does not replace the national court deciding detention or extradition and does not cancel the underlying foreign arrest warrant.
Misuse of Red Notices in extradition cases
INTERPOL notices must comply with the Organization’s Constitution and Rules on the Processing of Data. Article 3 prohibits activities of a political, military, religious or racial character. Requests are reviewed by a specialised team of lawyers, police officers and operational experts before publication.
A challenge may be appropriate where the criminal case appears connected with:
- political opposition or public criticism;
- religious, racial or other discriminatory persecution;
- a private commercial conflict presented as fraud;
- a family or personal dispute;
- an invalid or cancelled warrant;
- inaccurate identification data;
- discontinued proceedings;
- an accusation falling outside the criteria for a serious ordinary-law crime.
INTERPOL permits Red Notices only for serious ordinary-law offences. Its rules exclude several categories arising mainly from administrative regulations, private disputes, family matters or controversial behavioural and cultural rules, subject to limited exceptions involving serious crime or organised criminal activity.
A successful CCF application may lead to the correction or deletion of INTERPOL data. Separate proceedings may still be required to challenge the national warrant, criminal case and extradition request.
How are extradition decisions made?
The requested state applies its own procedural law together with the relevant treaty or convention. Under the European Convention on Extradition, the procedure for extradition and provisional arrest is governed by the law of the requested country unless the Convention provides otherwise.
The court or competent authority may examine several issues.
Dual criminality
Many extradition instruments require the alleged conduct to constitute a criminal offence in both states. The legal name of the offence does not always have to be identical. Authorities usually compare the underlying behaviour and essential elements of the crime.
Under the European Convention, the offence generally must be punishable under the laws of both the requesting and requested states and meet the applicable penalty threshold.
Political or discriminatory prosecution
Extradition may be refused when the offence is treated as political or when there are substantial grounds to believe that an ordinary criminal accusation was submitted to prosecute or punish a person because of race, religion, nationality or political opinion.
The defence must support such an objection with concrete evidence. Relevant materials may include asylum decisions, public statements, the chronology of political activity, procedural irregularities and judgments from other jurisdictions.
Previous judgment for the same conduct
The principle commonly known as non bis in idem may prevent extradition where a final judgment has already been issued in the requested state for the same conduct. The applicable scope depends on the treaty and domestic law.
Limitation periods
A request may fail if prosecution or enforcement of the sentence has become time-barred under the applicable rules. The relevant date and law must be calculated carefully because different states may apply different limitation periods.
Nationality
Some countries refuse or restrict extradition of their own nationals. A refusal on this ground may allow the requesting state to ask the requested country to consider domestic prosecution. The European Convention expressly gives parties the right to refuse extradition of nationals and provides for possible referral to local prosecuting authorities.
Death penalty
Where the offence may result in capital punishment, a requested state that does not apply the death penalty may require binding assurances. Under the European Convention, extradition may be refused unless the requesting state provides assurances considered sufficient that the death penalty will not be carried out.
Human rights risks
Depending on the jurisdiction, the defence may raise a real risk of torture, inhuman treatment, manifest denial of justice, discriminatory prosecution or prison conditions incompatible with binding human rights obligations.
General criticism of the requesting country may be insufficient. Courts usually expect evidence connected to the requested person, the proposed detention facility and the circumstances of the case.
Defective request or insufficient documents
The extradition request must meet formal requirements. Missing warrants, inaccurate identity details, unclear facts, inadequate translations or failure to provide requested supplementary information may affect the proceedings.
Under the European Convention, the requested state may demand additional information and set a deadline for its receipt.
Arrest and release during extradition proceedings
A person may be detained before the complete request arrives or after formal extradition proceedings begin. The defence should immediately establish the legal basis of detention, the applicable deadline and the court responsible for review.
Depending on national law, an extradition lawyer may seek release on bail, house arrest, surrender of travel documents or other conditions. Courts may consider the risk of absconding, residence status, family ties, health, conduct during the proceedings and the seriousness of the foreign accusation.
The requested person should avoid consenting to simplified extradition or giving detailed statements about the foreign case before receiving legal advice. Consent can significantly shorten the process and restrict later objections.
What should you do after an extradition arrest?
The first steps should focus on the documents and procedural deadlines.
The person or their lawyer should determine:
- which country initiated the request;
- whether the alert is a Red Notice, diffusion or direct request;
- what national warrant supports the case;
- whether the formal extradition papers have arrived;
- when provisional detention expires;
- whether an appeal or bail application is available;
- whether the person has asylum, refugee status or another form of protection.
The defence often requires lawyers in at least two jurisdictions. Local counsel handles detention and extradition in the requested state. Counsel in the requesting state reviews the original criminal proceedings, warrant and available national remedies.
Extradition lawyers
Our lawyers provide legal support to individuals facing foreign arrest warrants, INTERPOL alerts, provisional detention and formal surrender requests.
Legal assistance may include:
- urgent review of the arrest and detention documents;
- analysis of bilateral and multilateral treaties;
- verification of dual criminality and limitation periods;
- preparation of bail applications;
- objections based on political motivation or human rights risks;
- coordination with counsel in the requesting country;
- preparation of CCF access or deletion requests;
- challenges to inaccurate or outdated INTERPOL data;
- representation during extradition hearings and appeals.
No lawyer can guarantee release, refusal of extradition or deletion of a Red Notice. The result depends on the applicable law, treaty, evidence and decisions of the competent national and international bodies.
Extradition: how do we work?
We begin by identifying every active legal mechanism connected with the case. This may include a domestic warrant, INTERPOL notice, provisional arrest request, European Arrest Warrant or formal extradition demand.
Our team then reviews the alleged conduct, evidence, procedural history and status of the foreign criminal case. We assess the available objections and prepare a coordinated plan for the requested state, the requesting state and INTERPOL proceedings.
Where detention has already occurred, priority is given to the first court hearing, deadlines for submission of the extradition documents and possible release conditions. When no arrest has taken place, preparatory work may include obtaining court records, checking public INTERPOL data and preparing a confidential CCF request.
If you are facing an extradition request, a foreign arrest warrant or an INTERPOL Red Notice, contact our legal team. We will review the documents, identify the applicable procedure and coordinate the defence in every jurisdiction involved.
