Extradition and INTERPOL Red Notices: What If the Requesting Country Doesn't Extradite?


INTERPOL's most well-known tool, the Red Notice, exists to aid its member countries' law enforcement efforts for the following purpose:

To seek the arrest or provisional arrest of wanted persons with a view to extradition.

Member countries are required to be responsive to requests for supporting documentation regarding the grounds for an extradition request once a Red Notice subject has been detained.  The requests may come from INTERPOL or directly from the detaining member country.

So what happens when a Red Notice exists, but the requesting country fails to follow through on its extradition obligations?  

The effect of a county's non-response to requests for extradition-related information is that the subject of the Red Notice may be released within the country where she currently finds herself, but she certainly risks detention again if she travels to other countries.  

If there is no valid reason for that failure, then the member country's request is not being used for the appropriate purpose as set forth in INTERPOL's governing rules.  Where the party making use of INTERPOL's tools obstructs the underlying purpose of the rules, then the Red Notice subject very well may have a cognizable claim for relief. 

As always, thoughts and comments are welcomed.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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