The Burden of Proof: Is It Always Fair to the Red Notice Subject?

Estlund Law, P.A.
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Since we have been on the issue of the ease with which Red Notices often seem to be obtained by INTERPOL member countries, today's discussion centers on the burden of proof faced by Red Notice subjects and their lawyers.

Once it is issued, a Red Notice is presumed to be accurate and proper, according to INTERPOL's rules. In order to overcome that presumption, substantial and competent evidence must be presented to show precisely which rules or laws have been violated.

When an NCB has complied with all of the rules governing INTERPOL member countries, this presumption may be fair. But when a member country has engaged in illegal behavior or has a consistent record of human rights violations, the idea that the member country enjoys such a presumption is a bit hard to stomach.

Please see full publication below for more information.

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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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