When police apprehended Luigi Mangione, the suspect in the shooting of United Healthcare CEO Brian Thompson, he was found with a US passport, $10,000 in cash and 2000 in foreign currency on his person. What would have happened if Mangione had left the US? In the event that Mangione had crossed US borders he may have been issued with a “red notice.” A red notice is an alert issued by INTERPOL that works to get international law enforcement to cooperate in tracking down the suspect of a serious crime, or anyone obliged to serve a sentence under the law.
Can a Red Notice Compel International Extradition?
A red notice is only issued for the most serious crimes and it means that law enforcement are working internationally to secure your arrest. However by itself, a red notice cannot compel international extradition.
If you are wanted for prosecution internationally or to serve sentences for serious crimes, INTERPOL, the International Criminal Police Organization will issue a red notice to alert law enforcement worldwide. A red notice can be used to facilitate extradition but it is not an arrest warrant and it does not compel countries to act on it. Each country acts in accordance with their national laws. In the United States for example, the law prohibits the arrest of the subject of a Red Notice issued by another INTERPOL member country based on the notice alone. There are many factors at play such as whether a valid extradition treaty exists between the US and the country requesting arrest.
The extradition process: From Red Notice issuance to arrest and deportation.
Request for Red Notice:
A law enforcement agency in a member country submits a request to INTERPOL for a Red Notice.
Review by INTERPOL:
INTERPOL conducts an initial review of the request to ensure it complies with their regulations and international law. This includes checking for any political, military, or religious issues that may affect the request,
Issuance of Red Notice:
If the request meets all requirements, INTERPOL issues a Red Notice, which is an alert to law enforcement worldwide to locate and provisionally arrest the individual pending extradition.
Notification to Member Countries:
The issued Red Notice is sent to all INTERPOL member countries, notifying them of the wanted individual and requesting their assistance in locating and arresting the person.
Action by Member Countries:
Each member country decides how to respond based on its own laws. If the wanted person is located, the country may carry out a provisional arrest and initiate extradition proceedings under applicable treaties.
Extradition Request:
The requesting country must formally submit an extradition request, which includes detailed information about the charges and legal basis for extradition. This step may also involve diplomatic communication between countries
Judicial Review:
The judicial authorities in the country where the individual has been arrested will review the extradition request. This often includes hearings where both sides can present arguments regarding the legality and appropriateness of extradition.
Decision on Extradition:
After reviewing the case, a judge or relevant authority will decide whether to grant or deny the extradition based on legal criteria such as dual criminality (the offense must be recognized as a crime in both countries) and any applicable treaties.
Final Approval:
In some jurisdictions, the final decision may require approval from higher authorities before extradition can proceed. If approved, arrangements are made for the transfer of the individual back to the requesting country.
Potential Appeals:the International Criminal Police Organization
The individual may have the right to appeal against their extradition in court, which can add additional time to the process.
The process from red notice to extradition can be complex and lengthy, often taking months or even years depending on various factors including legal challenges, diplomatic negotiations, and differences in national laws. This is why you need an experienced Red Notice and Extradition Attorney who can guide you through the process and ensure that you receive your full rights under all the applicable laws. At Dhar Law, LLP, we are experienced, high level criminal defense attorneys with a track record of high success defending our clients for serious crimes. We offer translation services in all major languages. Please contact us at 6178 to learn more about how our team can assist you.
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