The Role of Interpol Notices in Extradition Cases

Interpol alerts play a pivotal role in international cooperation in the fight against crime, particularly in matters related to extradition. As a global organisation that unites 195 countries, Interpol provides its members with tools for information exchange and coordination of efforts to combat crime. Among these tools, alerts are one of the most effective, with the red notice being of central importance in the context of extradition. It often serves as the starting point for initiating international legal procedures related to the extradition of suspects or accused individuals. Let’s explore the types of notices available, the process for issuing a red notice, and how extradition attorney can assist you.

Types of Interpol Notices

Interpol uses various types of notices for sharing information between member states. The Red Notice, most well-known in the realm of extradition, is a request for the arrest of a person with the aim of their subsequent extradition. This notice is not an arrest warrant, but most countries consider it as grounds for detention.

There are also blue notices, which are used to locate a person or gather additional information about them; green notices alert to individuals whose activities may pose a security threat; yellow notices assist in the search for missing persons, including minors; black notices pertain to unidentified bodies; and finally, orange notices inform about events or individuals that pose an immediate threat. In addition to these, there is a special UN notice used to inform about individuals and groups under the sanctions of the UN Security Council.

The process of issuing a red notice

The process of issuing a Red Notice involves several stages. Firstly, national law enforcement agencies wishing to initiate an international search submit a request to the INTERPOL General Secretariat. The request must include evidence supporting the validity of the charges, as well as an arrest warrant issued by national authorities.

Upon receiving a request, Interpol conducts a legal assessment to ensure that the request does not contravene the organisation’s charter, which prohibits activities of a political, military, racial, or religious nature. If the request meets all requirements, a red notice is published and becomes accessible to all member states.

It’s important to note that a red notice doesn’t carry mandatory legal force, and it’s up to each country to decide whether to detain an individual based on this notice. However, many countries incorporate red notices into their databases, which enables them to detain suspects at border crossings.

How Red Notices Trigger Extradition Procedures

A Red Notice serves as a crucial tool for initiating extradition procedures. When an individual is detained on the basis of a Red Notice, the country that made the arrest typically informs the state that initiated the request. Following this, the extradition process begins, which may include judicial hearings, evidence review, and adherence to procedures stipulated by bilateral or multilateral extradition treaties.

There are numerous international agreements that govern extradition, including the European Convention on Extradition of 1957, the UN Convention against Transnational Organized Crime, and other bilateral treaties. Still, every country has it’s own extradition laws, and may refuse to extradite criminals. One of these countries is Thailand. The primary focus of Thailand extradition lawyers in such cases is to ensure that the detained individual is not subjected to human rights abuses in the country to which they are to be extradited.

Misuse of Red Notices

Despite their significance, red notices can be misused. Some countries abuse this mechanism to pursue political opponents, activists, or others whose activities are not related to criminal acts. This violates Interpol’s constitution, which prohibits the use of the notification system for political pressure purposes.

There have been instances where red notices have been used to persecute journalists, human rights defenders, and others whose activities do not contravene international law. Such actions have drawn criticism from human rights organisations and call for stronger oversight mechanisms for the use of the notification system. In such cases, an experienced Interpol lawyer can provide you with all the necessary support to restore your lost reputation and compensate for any incurred losses.

Human Rights Concerns

The extradition process, initiated by a red notice, is often accompanied by human rights violations. The main issues are related to the conditions of detention, the lack of a fair trial, and the risk of torture or other cruel treatment in the destination country.

The European Court of Human Rights (ECHR) and other international bodies have repeatedly considered cases related to extradition, with particular attention paid to ensuring the rights of individuals subject to extradition. In some instances, the ECHR has issued rulings prohibiting extradition if there was a risk of serious human rights violations in the destination country.

The Extradition Process Following a Red Notice

The extradition process begins from the moment an individual is detained based on a red notice and continues until they are handed over to the requesting state. Throughout the entire process, the individual has the right to legal defence and to have their case reviewed in court.

Extradition procedures can involve hearings in both first-instance and higher courts, appeals, as well as petitions to international judicial bodies. In some countries, there is the possibility to challenge an extradition decision based on international agreements and constitutional provisions.

How can an Interpol lawyer assist you?

If you’re experiencing difficulties, we recommend getting in touch with our solicitor Anatoliy Yarovyi who specialise in matters related to Interpol notices. Our team of qualified Interpol solicitors will provide legal protection for your rights, help challenge the legality of the notice, and approach the relevant Interpol authorities with a request for its cancellation.

Furthermore, our solicitors can represent your interests during extradition proceedings, ensuring all procedural norms are adhered to and your rights are protected. They aim to minimise the risk of unlawful detention and subsequent extradition by utilising international legal mechanisms and standards.