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What can national courts do when faced with an INTERPOL Red Notice?

Red notices from INTERPOL are, on the surface, simple tools of international police cooperation. However, in practice, their issuance can have devastating effects for the person concerned: provisional detention, mobility restrictions, loss of employment opportunities, and reputational damage.

A key question in these cases is: do national courts have any leeway when faced with an INTERPOL alert? The answer is yes. However, INTERPOL has no coercive power and its notices are not equivalent to court orders, national authorities can assess the legality and legitimacy of these alerts. at the time of executing measures.

In this article we analyze the role that national courts play in the context of international alerts and how they can become a key line of defense to protect the rights of the affected party.

What is a Red Notice and how does it operate in the Member States?

The Red Notification is a request for provisional arrest and localization, for extradition purposes, issued by INTERPOL at the request of a member state.

Although its execution depends on each country, an active alert may imply an immediate stopThe INTERPOL system is based on national legislation and cooperation in force. However, INTERPOL clearly states that notifications do not have legal force on their own and must be enforced in accordance with the domestic law of each State.

This gives the national courts a decisive role when it comes to validating or questioning its application.

Powers of national courts in the event of an INTERPOL alert

National judges and courts may intervene at various times and levels in response to a red notice:

1. Control of legality of detention

When a person is detained under an alert, the court must assess:

  • If the notification is current.
  • If there is an extradition treaty with the requesting country.
  • Whether the process complies with due process guarantees.

A red notice does not replace a court orderThe judge can therefore decree the immediate release if it detects any irregularities.

Assessment of the political nature of the case

The principle of non-extradition for political offenses is part of customary international law and is present in multiple treaties. If the judge considers that the prosecution has political motivationmay refuse any cooperation.

This is especially true in cases of political opponents, activists, journalists or businessmen critical of authoritarian regimes.

3. Application of the non-refoulement principle

Courts must also apply the principle of no refund when there is a a well-founded risk of torture, inhumane treatment or violation of fundamental rights if the person is surrendered to the requesting State.

This principle is contained in:

  • Article 3 of the Convention against Torture (UN).
  • Jurisprudence of the European Court of Human Rights.
  • Domestic rules on asylum and international protection.

4. Recognition of international protection or asylum

If the detained person has obtained asylum or refuge In a State, the State cannot enforce the red notice. In fact, the courts may even order the non-application of the alert in the national territory to protect the status granted.

In many cases, INTERPOL removes the notice when an official asylum decision is filed.

The role of defense counsel: multijurisdictional coordination

In these cases, the lawyer's work is particularly complex. It is necessary to coordinate actions at several levels:

  • Local defensebefore national judges (habeas corpus, opposition to extradition, precautionary measures).
  • Actions before INTERPOLby application to the CCF.
  • Migratory proceduresif the person has or is applying for international protection through Asylum.
  • Diplomatic letters and contact with international organizationsif there is a serious risk to human rights.

Effective defense requires in-depth knowledge of international criminal law, the INTERPOL system and the legal framework of the receiving country.

Cases in which the court may refuse notification

National courts may refuse to give effect to a red notice if:

  • There is political asylum recognized.
  • The person has already been tried for the same facts (non bis in idem).
  • The alleged crime is not a crime in the receiving country (principle of dual criminality).
  • There is suspicion of political motivation or fraudulent use of the system

Each of these assumptions has been successfully used in different countries for preventing extradition or invalidating arrests based on red alerts.


Conclusion

Although INTERPOL is a powerful international organization, its effectiveness is ultimately dependent on the judicial and police cooperation of the Member States. For this reason, national courts play a crucial role: can curb abuses, protect rights and limit the enforcement of notices when they are misused.

Understanding this room for maneuver is key to designing appropriate defense strategies, protecting unjustly persecuted individuals and preserving the integrity of the international criminal co-operation system.Are you facing an INTERPOL Red Notice? Have you been wrongfully arrested or is there an extradition request in progress?


Our team at Venfort Lawyers specializes in international criminal defense y strategic litigation in multiple jurisdictions. We accompany you before national courts and international organizations.