What is Interpol extradition?

Extradition is the process of handing over a person accused or convicted of committing a crime from one country to another based on an official request from the state seeking that individual. As a part of international legal cooperation, extradition is governed by numerous international laws and regulations, such as the European Convention on Extradition of 1957 and the International Covenant on Civil and Political Rights of 1966. Let’s take a look at how extradition works with the involvement of Interpol, the rights of individuals subject to extradition, and how to challenge such requests.

How does Interpol’s extradition process work?

Extradition by Interpol based on international cooperation between law enforcement and legal bodies across various countries. Interpol plays a key role in this process by issuing Red Notices. A Red Notice is a request for the temporary detention of a wanted person, which is sent out to Interpol member countries. It’s not an international arrest warrant but rather a request upon which a country can decide to detain someone while waiting for a formal extradition request.

Extradition starts when the country where the suspect is located receives an official request for their surrender. This request must comply with international law norms and the domestic legislation of the country from which extradition is sought. The process is governed by bilateral or multilateral extradition treaties, such as the European Convention on Extradition and various bilateral agreements signed between states.

Upon receiving a request, a country can conduct a legal review of the grounds for extradition to ensure they comply with international standards. Extradition can be denied if the request does not meet the requirements for a fair trial, if the act for which extradition is sought is not recognized as a crime in the country where the suspect resides, or if there is a risk of human rights violations. The document that governs human rights in such cases is the European Convention on Human Rights and Fundamental Freedoms.

Countries without extradition can refuse the requesting state’s demand to extradite an individual. However, there are legal grounds for carrying out extradition: the principle of reciprocity, Interpol red notices, special agreements, and cooperation through international organizations.

What rights do people facing extradition have?

Individuals for whom an extradition request has been submitted through Interpol have a number of rights protected by international treaties and the domestic laws of countries. One of the fundamental principles of international law in matters of extradition is protection against unjust arrest and violation of the right to a fair trial. The International Covenant on Civil and Political Rights establishes basic standards for the protection of individuals suspected of committing crimes.

The right to defense is guaranteed by both international and national laws. An individual subject to extradition has the right to legal assistance and the opportunity to challenge the legality of their detention. An important right in this context is the principle of “non-refoulement,” enshrined in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This principle prohibits the extradition of a person to a country where they may face torture or cruel treatment.

Individuals facing the threat of extradition have the opportunity to request a review of the decision at the national level. In some cases, if the red notice issued by Interpol raises concerns about human rights violations, such individuals can file a complaint with the Interpol Commission for the Control of Files, which assesses whether red notices comply with international standards.

How to contest Interpol extradition?

The definition of extradition refers to the arrest and transfer of an individual to the requesting country, but there’s an opportunity to contest extradition. It’s a complex legal process that requires a clear understanding of both national and international legal standards. Based on the domestic laws of the country that received the extradition request, the person subject to extradition can file for a judicial review of the case. The main grounds for challenging extradition include the following arguments:

1. The political nature of the crime. International extradition treaties, including the European Convention on Extradition, prohibit the extradition of individuals if the crime for which they are sought has a political character. This principle is aimed at protecting individuals accused of actions related to their political beliefs, for example, in countries with authoritarian regimes.
2. Risk of human rights violations. Article 3 of the European Convention on Human Rights explicitly prohibits extradition to countries where there is a risk of torture, inhumane or degrading treatment. Similar provisions are contained in other international documents, such as the UN Convention against Torture.
3. The presence of procedural violations. An individual can challenge extradition on the grounds that the request does not meet the standards of fair judicial proceedings. If there is evidence that the request was initiated in violation of legal procedures or in violation of procedural rights, such circumstances may serve as a basis for refusal to extradite.

The appeal process involves several stages. Initially, the individual subject to extradition can file a petition in the first-instance court in the country of residence. If the request is denied, it’s possible to appeal to higher courts, including international judicial bodies. The European Court of Human Rights can examine complaints about rights violations if the domestic justice system has failed to provide adequate protection.

In addition to national and international courts, individuals facing the threat of extradition based on an Interpol red notice can file a complaint with the Interpol Commission for the Control of Files. This commission has the authority to review the legitimacy of the use of a red notice against a specific individual and can demand its cancellation if the notice does not comply with the organization’s rules or violates human rights.