Interpol in Extradition Law

What is Interpol?

Interpol (International Criminal Police Organization) is an international organization headquartered in Lyon, with 196 member states. It facilitates international police cooperation but has no executive powers of its own: Interpol does not arrest, does not search, and does not prosecute. The actual measures are carried out by the national authorities of the member states.

The alert system: notices

Interpol operates a system of international wanted alerts, known as notices. The ones most relevant in extradition law are:

• Red Notice: a request to arrest or locate a person with a view to extradition. It is not an international arrest warrant, but many states treat it like an arrest order.
• Diffusion: a less formal alert, transmitted directly from one national bureau (NCB) to other NCBs, without the Interpol General Secretariat being involved.
• Blue Notice: used to collect information about a person.

Legal remedy: CCF

Against a Red Notice or a diffusion, the person concerned can file a complaint with the Commission for the Control of INTERPOL's Files (CCF). The CCF reviews whether the alert complies with Interpol's rules — in particular the prohibition on its use for political, military, religious or racial purposes (Article 3 of the Interpol Constitution). Where there is a violation, the notice is deleted.

Potential for abuse

In practice, some states use Red Notices abusively to pursue political opponents, dissidents or business rivals. Germany and other states governed by the rule of law are obliged not to implement Red Notices automatically, but to review their lawfulness. A pending CCF proceeding can be relevant in German extradition proceedings as an indication of politically motivated persecution.

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