Intercollegium

What Does a Red Notice Actually Do?

An INTERPOL Red Notice is a request to law-enforcement authorities worldwide to locate and provisionally arrest a wanted person pending extradition, surrender or similar legal action. It is based on an arrest warrant or court order issued by the requesting country’s judicial authorities. However, a Red Notice is not an international arrest warrant.

Can a Red Notice Result in Provisional Arrest?

Yes, it can, but the outcome depends on the country where the person is located. The purpose of a Red Notice includes seeking the provisional arrest of a wanted person pending possible extradition. However, INTERPOL leaves the decision to act on the notice to each member country. In one jurisdiction, a Red Notice may be relevant to a decision to detain a person.

What Happens After Provisional Arrest?

If a person is detained in connection with an international request, any subsequent extradition proceedings are governed by the law of the country where the person has been found. The requesting state may need to provide a formal extradition request and supporting documents. The requested state then applies the relevant domestic legislation, treaty or other international cooperation framework.

Does a Red Notice Mean That a Person Is Extraditable?

No. A Red Notice communicates that the requesting country is seeking a person on the basis of a national arrest warrant or equivalent judicial decision. It does not determine whether another country is legally permitted or required to extradite that person. Questions of extraditability are decided by the competent authorities of the requested country.

Can Extradition Be Refused Even If a Red Notice Exists?

Yes. A national court or other competent authority may refuse extradition even where an INTERPOL Red Notice remains active. The available grounds depend on the law and international agreements applicable to that particular request. They can differ significantly between countries. Therefore, the existence of a Red Notice does not predetermine the outcome of an extradition case.