In an earlier blog post, Gherson explored the basics of how INTERPOL operates and what INTERPOL Red Notices are.
In a later blog post Gherson subsequently explained how to answer key questions for people who fear they may be subject to an INTERPOL Red Notice, specifically:
- Am I subject to an INTERPOL Red Notice?
- How can I remove an INTERPOL Red Notice?
Now, stepping back and looking at the issuance of Red Notices from a broader perspective, this blog post will explore the interplay between INTERPOL Red Notices and extradition, before advising on steps to take to implement a holistic strategy.
Red Notices and extradition
Our initial blog outlined how a Red Notice can be issued prior to, and in fact as a precursor to, the requesting member state issuing extradition proceedings. Indeed, INTERPOL describes a Red Notice as “ A request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action ”. Red Notices and extradition can therefore perhaps be said to go hand-in-hand.
However, there are a few important distinctions to be explored.
A requesting state does not need to issue a Red Notice before seeking extradition
A requesting member state can immediately issue an extradition request without firstly issuing a Red Notice through INTERPOL. An individual can therefore face extradition proceedings even if they are not subject to a Red Notice.
A successful challenge against extradition will not necessarily result in the removal of a Red Notice
The situation here is a little more nuanced. A successful challenge against extradition will not necessarily mean the removal of an INTERPOL Red Notice. However, there are some scenarios where it could. If it does not, then positive findings in an extradition judgment could be utilised to make representations to INTERPOL seeking the removal of a Red Notice.
In certain specific scenarios it may be the case that the reason extradition is refused may also be applicable to a Red Notice. However, the issues here are intricate and complex, and expert legal advice is always recommended to ensure the best chance of securing the removal of a Red Notice following the defeat of an extradition request.
Generally, just as the successful defeat of an extradition request from a specific country will not ensure safety from extradition from another country (or even indeed that country), defeating an extradition request will generally not mean the universal removal of a Red Notice. Defeating an extradition request therefore by no means guarantees the ability to travel without fear of arrest and detention. Although it should be of some reassurance that if a specific country does deny extradition then there should be a note added to the Red Notice informing that that country has done so.
Finally, any findings in an extradition judgment could potentially be deployed to make representations to INTERPOL about their processing of data and compliance with applicable rules and in support of a Red Notice Removal. Again, expert advice is always recommended.
How to adopt the most effective coordinated response against INTERPOL and extradition
The most effective coordinated response will probably involve instructing lawyers in the country issuing the Red Notice (and any extradition proceedings), working with the UK authorities, if appropriate, whilst also making direct challenges to INTERPOL with any applicable grounds for removal. Finally, the emphasis should be on deploying any positive findings in both extradition and immigration proceedings to best effect.
How Gherson can assist?
Gherson have extensive experience advising clients facing both extradition and Red Notices, and have experience making submissions to INTERPOL on a broad range of grounds. Gherson can also call on extensive 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.
Solicitor in our White Collar Crime Defence Team
Trainee Solicitor in our Complex Litigation Team