In the context of the development of transnational crime, international cooperation in the field of criminal justice is becoming increasingly relevant. Interpol, the International Criminal Police Organization, acts as a coordinator of the actions of law enforcement agencies of various states. One of the popular types of cooperation is Interpol extradition – the process of extraditing a person accused or convicted of a crime from one country to another. Let’s consider how Interpol and extradition are related, as well as the legal mechanisms regulating this process.
What is Interpol’s role in extradition?
Interpol does not have the power to make arrests or conduct investigations on its own. Its primary function is to facilitate the exchange of information between law enforcement agencies of member countries. In the context of extradition, Interpol acts as a platform for the transfer of data on wanted persons, which facilitates their detection and detention by competent authorities of other states.
Interpol provides notification systems and databases that enable police forces in other countries to cooperate effectively on an international scale.
How do Red Notices facilitate extradition?
The Interpol Red Notice is the most effective tool for international searches. The notice is distributed to all member countries and contains information about the wanted person with the aim of locating and temporarily arresting him for subsequent extradition. The Red Notice is not an international arrest warrant, but many states consider it a legal basis for detaining a person in accordance with their national laws. In accordance with the Interpol Data Processing Rules, a Red Notice is published at the request of the National Central Bureau of a member country or an international body entitled to request such notices.
The role of the Interpol Red Notice in the extradition process is as follows:
- Locating the wanted person. The notice is distributed to all member countries, increasing the chances of the person being located quickly;
- Temporary detention. Once the wanted person has been located, the competent authorities may temporarily detain him or her on the basis of an INTERPOL Red Notice;
- Speeding up the extradition process. Detention on the basis of an INTERPOL Red Notice gives the requesting party time to prepare and submit a formal extradition request.
What are the legal procedures for extradition through Interpol?
The Interpol extradition procedure consists of several stages, regulated by international law and the national legislation of the participating countries.
- Initiation of a search. A state interested in extraditing a person sends a request to its national central bureau of INTERPOL for the publication of a red notice. The request must state the legal basis for the search, including information about an arrest warrant or a court sentence;
- Publication of a red notice. The General Secretariat of INTERPOL reviews the request. It must comply with the rules of the organization, including compliance with Article 3 of the INTERPOL Constitution, which prohibits interference in matters of a political, military, religious or racial nature. Once approved, the notice is distributed to all member countries;
- Detection and detention. If the wanted person is found in one of the member countries, local law enforcement agencies can detain him on the basis of national legislation and the INTERPOL red notice;
- Formal request for extradition. Once the wanted person has been apprehended, the requesting state must submit a formal extradition request through diplomatic channels or in accordance with applicable international agreements, such as the 1957 European Convention on Extradition;
- Judicial review. The competent judicial authorities of the country of detention review the Interpol extradition request for its legality. The presence of dual criminality is checked, i.e. whether the act corresponds to a crime in both countries, as well as the absence of obstacles to extradition, such as the risk of human rights violations;
- Decision-making. After judicial review and completion of all legal procedures, the executive authority of the country of detention makes the final decision on extradition or refusal of extradition;
- Surrender of the person. In case of a positive decision, the person is handed over to representatives of the requesting state for further trial or serving of the sentence.
Can Interpol notices lead to abuse of extradition?
The Red Notice system is not immune to abuse. Some states may use it to persecute individuals for political reasons, which is contrary to the basic principles of the organization. Article 3 of the Interpol Constitution prohibits the organization from carrying out any intervention or activity of a political, military, religious or racial nature. However, in practice, there are cases where Red Notices are used to persecute political opponents, human rights activists or journalists.
Such abuses can lead to the following negative consequences:
- Violation of human rights. Unlawful detention and extradition may result in violation of fundamental rights and freedoms guaranteed by international conventions, including the “European Convention for the Protection of Human Rights and Fundamental Freedoms”;
- Loss of confidence in the system. Regular cases of abuse undermine the confidence of the international community in the red notice system of extradition and in Interpol as a whole;
- Political conflicts. Using the system for political persecution may exacerbate relations between states and lead to diplomatic conflicts.
In response to these problems, Interpol has implemented a number of reforms aimed at strengthening controls over the publication of notices. The role of the Commission for the Control of Interpol’s Files, which reviews complaints of violations and can decide to remove abusive Interpol Red Notices, has been strengthened.
How can lawyers help in extradition cases involving Interpol?
Lawyers play a vital role in protecting the rights of individuals wanted through the Interpol system. Their professional legal assistance can have a significant impact on the outcome of the case and prevent possible human rights violations. The main ways in which lawyers can assist are:
- Appealing Red Notices. Lawyers can file a request with the Commission for the Control of Interpol’s Files to remove or suspend a Red Notice of Extradition if it is contrary to the organization’s rules or violates the client’s rights;
- Defense in extradition proceedings. In the event of the detention of a wanted person, lawyers represent their interests in court, challenging the legality of a Red Notice of Extradition on the basis of international treaties and national legislation;
- Asylum advice. If there is a risk of persecution for political, religious or other reasons, lawyers can help the client apply for asylum or refugee status;
- International cooperation. Lawyers can cooperate with human rights organizations, foreign colleagues and experts in international law to ensure comprehensive protection of the client;
- Information support. Providing the client with full information about their rights, opportunities and risks allows them to make informed decisions and build an effective legal defense.
Qualified legal assistance in cases related to Interpol extradition is an integral part of the mechanism for protecting human rights and the legitimate interests of individuals who find themselves in a difficult international legal situation.