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When INTERPOL Member Countries Disagree on Charges Underlying Red Notices

A reader recently inquired as to how a Red Notice requested by Country "A" could remain outstanding in his name when his own country, Country "B," had found a complete lack of evidence for the charges after an investigation.

This reader's problem is rooted in the fact that it is the underlying criminal charges, as stated in the Red Notice from the requesting country, that must be addressed for Red Notice purposes.  The reason a Red Notice is issued is to aid in the return of the subject to the requesting country, not for another country to conduct its own investigation into the matter.

If Country "A" still has valid grounds and supporting documentation for the underlying charges, and has not agreed to an investigation and prosecution in Country "B," then it is quite likely that the Red Notice will remain outstanding absent a proper challenge.

As always, thoughts and comments are welcomed.

 


Published In: Criminal Law Updates, International Law & 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.

© The Law Office of Michelle A. Estlund, P.A. | Attorney Advertising

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