Red Notices: Questions from the Audience

more+
less-

A reader sent in this series of questions, which are good ones for INTERPOL newbies: 

1. Can a country member of Interpol get a red notice, if this country has sentenced a person in absence, without this person having been stopped and obviously without having knowledge that in some country she was prosecuted or sentenced? 

2. Are the condemnations valid dictated in a person's absence and without detention nor previous knowledge of the one imputed, so that Interpol issues a Red Notice?

3. The condemnations in absence are contrary to the Universal declaration of Human rights, is Interpol able to issue the red notice against this declaration?

It is true that a person may be tried and convicted in absentia in some countries. If the underlying charges and the judicial proceedings were handled in accordance with the country's rule of law, then INTERPOL very well may issue a Red Notice at that country's request.

On the other hand, if the proceedings were contrary to the country's laws, then the Red Notice may be subject to challenge and eventual removal. Likewise, if the proceedings were violative of the Universal Declaration of Human Rights, Red Notice removal may be appropriate.

The one certainty is this: if INTERPOL doesn't know that the proceedings were illegal, the Red Notice will remain in effect.

As always, thoughts and comments are welcomed.

 

Published In: Criminal Law Updates, International Trade Updates

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.

© Estlund Law, P.A. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »