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Interpol and extradition
A Red Notice can lead to an arrest during a simple border check. Where a request for arrest is political in nature or disregards fundamental rights, action can be taken.
Red Notices and Interpol’s files
A Red Notice is a request, sent by a State to police forces worldwide, to locate and provisionally arrest a person pending extradition. It is not an international arrest warrant: each State decides what action to take on it.
- Access to your data: request to the Commission for the Control of INTERPOL’s Files (CCF) to find out whether you are the subject of a notice and on what basis.
- Challenge: request for the deletion or correction of a notice or diffusion that breaches Interpol’s rules.
- Arguments: political nature of the prosecution, disregard of fundamental rights, refugee status, inaccurate data.
Interpol is strictly forbidden to undertake any intervention or activities of a political, military, religious or racial character. This is often the main ground for a deletion request.
Extradition proceedings and the European Arrest Warrant
- Extradition requested by a State outside the European Union: defence before the investigating chamber (chambre de l’instruction), then appeal against the extradition decree before the Council of State (Conseil d’État).
- European Arrest Warrant: defence in surrender proceedings between EU Member States, which run on very tight deadlines.
- Bars to surrender: risk of inhuman treatment, unfair trial, political motive, limitation period, French nationality.
- European remedies: request for interim measures to the European Court of Human Rights where there is a serious risk.
How the process works
- Confidential assessmentAnalysis of your situation and of the information available, in English, Russian or French.
- Steps with InterpolAccess request, then a reasoned and documented deletion request.
- Defence in the event of arrestAssistance before the Principal Public Prosecutor (procureur général) and the investigating chamber, application for release.
- AppealsCouncil of State, Court of Cassation and, if necessary, the European Court of Human Rights.
Frequently asked questions
How can I find out whether I am the subject of a Red Notice?
Most notices are not public. You can send an access request to the Commission for the Control of INTERPOL’s Files (CCF), which will tell you whether it holds data concerning you and may disclose it to you, unless the State that issued the notice objects.
Is a Red Notice an international arrest warrant?
No. It is a request for police cooperation. Each State decides, under its own law, whether or not to arrest the person and whether or not to act on an extradition request.
Can a Red Notice be deleted?
Yes, where it breaches Interpol’s rules: political nature of the prosecution, violation of fundamental rights, refugee status of the person concerned, or inaccurate data. The request is examined by the Commission for the Control of INTERPOL’s Files (CCF).
Does France extradite its own nationals?
No: France does not extradite its nationals to third States. However, within the European Union, a French national may be surrendered to another Member State under a European Arrest Warrant.
What happens if I am arrested in France on an extradition request?
You are brought before the Principal Public Prosecutor (procureur général), then the investigating chamber examines the request and gives an opinion. If the opinion is favourable, extradition is ordered by decree, which can be appealed before the Council of State. You are entitled to a lawyer and an interpreter at every stage.