INTERPOL Red Notices and Dual Criminality


The case of Carmelo Bruzzese provides an interesting example of why Red Notices do not always lead to arrest and extradition, even where the alleged crime is rather serious by most standards.

The National Post reports here that Canadian police did not arrest Bruzzese, although they knew where he was living and that he was wanted by fellow INTERPOL member country Italy. Bruzzese was the subject of a Red Notice, and the underlying crime charged against him was leading the ‘Ndrangheta, the Mafia organization in the Italian region of Calabria.

A common requirement in extradition treaties is that of dual criminality, meaning that the crime for which one country seeks the extradition of an individual must also be a crime in the country where the individual is currently located. Without dual criminality, extradition proceedings normally will not occur. In Canada, criminal association charges must also be linked to other, overt acts related to the organized crime. Without additional criminal charges, it appears unlikely that Bruzzese’s alleged association with the ‘Ndrangheta will result in extradition.

However, Red Notice activity and extradition are not the only methods available to INTERPOL member countries for effecting one’s exit from the country. In the next post, I’ll discuss some of the options available to immigration officials when dealing with Red Notice subjects.

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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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