Extradition Through Interpol

Extradition through Interpol is a complex legal process that can affect a person long before an official decision on extradition is made. An international wanted-person alert, arrest, court proceedings and the possible transfer of a person to a foreign state are governed by different procedures, and the outcome depends on the specific circumstances of each case.

In this article, we answer 10 of the most important questions about Interpol extradition proceedings, including what may happen when a person is arrested in Spain.

1. What Is Extradition Through Interpol?

Extradition is the procedure by which one country transfers a person to another country for criminal prosecution or to serve a sentence that has already been imposed.

It is important to understand, however, that Interpol does not carry out extraditions itself. Interpol facilitates international cooperation and the exchange of information between law enforcement authorities in different countries and helps them locate wanted persons.

One of the main tools used for this purpose is an Interpol Red Notice. It alerts law enforcement authorities in member countries that a particular person is wanted by a requesting state.

A Red Notice is not an international arrest warrant and does not automatically require a country to arrest the person concerned. Whether a person can be arrested depends on the domestic law of the country where they are located.

2. What Does an Interpol Red Notice Mean?

An Interpol Red Notice is circulated to law enforcement authorities in different countries to request assistance in locating a person and, depending on the applicable national law, taking measures to provisionally arrest them.

A Red Notice may become the starting point for an extradition procedure, but it does not mean that extradition has already been approved.

If a person is arrested, the requesting state will generally need to provide the documents required to initiate the formal extradition process.

3. How Is Extradition Regulated in Europe?

Extradition between European countries is largely governed by international agreements. One of the key instruments is the 1957 European Convention on Extradition.

Within the European Union, the European Arrest Warrant (EAW) also provides a simplified procedure for the surrender of wanted persons between EU Member States.

As a result, the procedure can vary significantly depending on which country has issued the request and where the person is located.

4. How Does Extradition Work in Spain?

If a foreign state is seeking a person who is located in Spain, extradition proceedings may begin following their arrest by Spanish law enforcement authorities.

The request is then considered within the Spanish judicial system. The court examines the circumstances of the case and whether the legal requirements for extradition are met.

The nature of the alleged offences, the laws of both countries, applicable international treaties and the protection of fundamental rights may all be relevant to the decision.

5. Why Can Extradition Be Refused?

Extradition is not automatic. A Spanish court may refuse to surrender a person if one or more legal grounds for refusal apply.

Depending on the circumstances, the court may consider:

• the nature and seriousness of the alleged offence;
• the expiry of applicable limitation periods;
• the risk of human rights violations;
• the circumstances of the criminal proceedings in the requesting state;
• other legal obstacles to extradition.

Particular consideration may also be given to cases where the prosecution appears to be connected not primarily with an ordinary criminal offence, but with political considerations or serious human rights concerns.

6. Arrest and Further Detention During Extradition Proceedings

Following an Interpol Red Notice, a person may be arrested by the police in Spain, depending on the applicable legal grounds and circumstances.

At the initial stage, the court considers what measures are necessary to ensure that the extradition request can be properly examined. In some cases, the person may remain in custody while the requesting state provides the necessary documentation and the formal extradition proceedings begin.

The court’s decision on whether to surrender the person to the foreign state is separate from the initial decision concerning detention.

7. Human Rights in Extradition Cases

The protection of human rights is an important part of extradition proceedings.

If there is a real risk of torture, inhuman or degrading treatment, an unfair trial, or other serious violations of fundamental rights, this may be relevant to the court’s assessment of whether the person should be extradited.

For this reason, an extradition defence may involve more than simply examining the criminal charges. It can also require an assessment of detention conditions, the criminal justice system and the protection of fundamental rights in the requesting country.

8. The Role of an Extradition Lawyer

A lawyer can play an important role throughout the extradition process, from the moment of arrest through to the judicial consideration of the extradition request.
The defence may involve:

• reviewing the legality of the arrest;
• analysing the documents submitted by the requesting state;
• preparing legal objections to extradition;
• presenting evidence and legal arguments;
• representing the client at court hearings.

It is particularly important to seek legal assistance at an early stage. Once a person has been arrested, certain procedural deadlines may be short, and important decisions may need to be made quickly.

9. Extradition from Spain to a Non-EU Country

When an extradition request is made by a country outside the European Union, the procedure may be more complex and time-consuming.

In these cases, the relevant extradition treaty between Spain and the requesting country, as well as Spanish domestic law, can play a central role.

Each case is assessed individually, taking into account its specific circumstances and the documents and evidence submitted by the foreign state.

10. What Should You Do If You Are Arrested on the Basis of an Interpol Notice?

If you learn that an Interpol Red Notice has been issued against you, or if you are arrested in Spain following a request from a foreign state, it is important to seek advice from a lawyer experienced in international criminal law and extradition proceedings as soon as possible.

The first steps should include establishing:

• the legal basis of the request;
• the charges or alleged offences;
• what documents have been submitted by the requesting state;
• whether the Red Notice and underlying request can be challenged;
• whether there are legal grounds that could prevent extradition.

Extradition is not an automatic transfer of a person to another country. Once an arrest takes place, a separate judicial process follows, during which the person has the right to legal representation and an opportunity to challenge the requested surrender.

Our team of experienced extradition lawyers at Lusa Legal assists clients with cases involving international searches, Interpol Red Notices, arrest in Spain and extradition proceedings, including the protection of clients’ interests at different stages of the judicial process.