How courts treat Red Notices in extradition
A Red Notice can lead to an arrest, but whether a person is extradited is decided by the courts and government of the country where they are found, under national law and treaties.
- INTERPOL says member countries apply their own laws in deciding whether to arrest a person, and told Euronews it cannot compel any member country to arrest an individual.1,2
- The US Justice Manual says that when a person is arrested on a Red Notice issued at US request, prosecutors must prepare extradition documents within the deadline set by the relevant treaty.3
- In December 2016 France's Conseil d'État annulled a decree extraditing Mukhtar Ablyazov to Russia, finding the extradition was sought for a political purpose.4
- In March 2025 the European Court of Human Rights found Serbia violated the Convention by extraditing a Bahraini man arrested under an INTERPOL warrant without rigorously examining his risk of ill treatment and despite an interim measure.5
- The CCF has said that risks a person faces on return may be bars to extradition for national courts, separate from whether INTERPOL's own rules are met.6
Sources
- INTERPOL, View Red Notices (2026)
- Euronews, Russia is using Interpol to target Putin's political rivals, says NGO (17 March 2018)
- US Department of Justice, Justice Manual 9-15.000, International Extradition and Related Matters (undated)
- Conseil d'État (translation hosted by Open Dialog Foundation), Conseil d'État, Nos 394399 and 400239, Mr Ablyazov (English translation) (9 December 2016)
- European Court of Human Rights, Ali v. Serbia, application no. 4662/22, judgment of 25 March 2025 (25 March 2025)
- INTERPOL CCF, 2023 Decision Excerpt No 4: Purpose, description of criminal activities, political character (2023)