In cases where a requesting country failed to initiate your extradition, or your extradition was refused, it is unlikely that if you stay in the same country you will be arrested a second time unless new circumstances arise.
The situation is not the same if you will be traveling to other countries.
In accordance with Article 82 of INTERPOL’s Rules on the Processing of Data, the purpose of a Red Notice is to aid with locating a wanted person and his or her detention, arrest or restriction of movement for the purpose of the wanted person’s extradition, surrender, or similar lawful action.
However, one should keep in mind that a Red Notice is not an arrest warrant in itself.
Once the person who is a subject of a Red Notice has been located, the following events will happen. The state where the person has been located should immediately inform the requesting state and at the same time consider all measures available to it under national legislation or international treaties towards the wanted person. These measures may include monitoring or restricting the wanted person’s movement or the wanted person’s provisional arrest.
On its part, the requesting state should act without any delay once informed that the wanted person has been located in another country. The requesting state should send all necessary information and supporting documents to the country where the person is located.
If the requesting state fails to transmit the necessary information and initiate extradition proceedings, or if extradition is initiated but eventually refused, INTERPOL should place an addendum on the individual’s Red Notice. In such a case, a Red Notice should not be publicly visible on the INTERPOL’s website, but will remain in the INTERPOL database.
If you were detained following an INTERPOL Red Notice and the requesting country failed to request extradition, or extradition was denied by the requested country, it is unlikely that you will be arrested a second time unless new circumstances arise. This, however, applies only to the country where you were detained. It is strongly advisable to be cautious if you intend to travel to other countries and seek specialist advice on your situation before travelling.
How Gherson can assist
Gherson team have extensive experience advising clients facing Red Notices, and have experience making submissions and representations to INTERPOL on a broad range of grounds. Gherson can also call on extensive and expert international experience if required.
If you require any advice on INTERPOL, Red Notices, or extradition, then Gherson’s extradition team will be more than happy to assist. Alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021