A criminal accusation is never a good situation to be in. And if that crime was allegedly committed across international borders, things become even more challenging. You need a lawyer in these situations who is familiar with the particularities of dealing with international criminal investigations and prosecutions and has experience doing so.

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What Exactly Is Interpol?

A non-governmental organization, Interpol stands for International Criminal Police Organization. It was formally established in 1923 and currently has 194 member nations. Its main objective is to provide a forum for international police cooperation in the fight against crime and for global security.

A Red Notice: What Is It?

A Red Notice serves as a lookout alert. It is an appeal for law enforcement agencies around the world to make a preliminary arrest of a suspected criminal. This notification is an appeal by a nation’s law enforcement requesting assistance from other nations in resolving a crime or apprehending a criminal. It is impossible to track offenders across borders without this warning. In anticipation of a surrender, extradition, or other legal action, they make this provisional arrest.

The Seven Types Of Interpol Notice

  • Orange: The host nation issues an orange notice when a person or event constitutes a threat to public safety.
  • Blue: The purpose of this notice is to find a suspect whose whereabouts are unknown.
  • Yellow: The yellow notice is used to find missing people, same like the blue notice. Contrary to the blue warning, this is for people—typically minors—who cannot be located, not criminal suspects
  • Red: A red notice denotes a serious offence that was committed and a dangerous criminal as the suspect. It directs whichever nation the suspect is in to keep an eye on them and to hunt for and detain them until the extradition is carried out.
  • Green: The documents and processing for this notification are fairly similar to those for the red notice. The green notice is for less serious crimes, which is the primary distinction.
  • Black: Unidentified corpses that are not nationals of the country are covered by the black notification. The notification is published so that any country that might be interested in the body will be aware that it is there.
  • Children Notification: When a kid or children go missing, the nation notifies Interpol so that other nations can join the search.

The red notice is the harshest of all the notices, and its issue may have repercussions across international borders. It demonstrates that the individual poses a risk to public safety and should be treated accordingly. An arrest and extradition are often the objectives of a red notice.

What Does Extradition Mean?

Extradition is the official process by which one State (the requesting State or the country) asks another State (the requested State) to turn over a person for criminal trial or conviction in the requesting State. It is the method used to transfer a wanted person from one jurisdiction to another. The person is typically accused of crimes committed in the requesting State that are punishable by the laws of that State, although living or seeking asylum there.

Deportation, expulsion, and banishment are not the same as extradition. All of these imply the removal of someone through force, albeit in various situations.

Extraditable individuals include:

individuals who have been accused but have not yet been put on trial, those who were tried without their presence, and those who were found guilty but escaped from prison.

Federal Law No. 39 of 2006 (the Extradition Law), as well as the extradition treaties that the UAE has ratified, determine the extradition laws in the country. Additionally, where there is no extradition treaty, law enforcement will follow local laws while adhering to the international law norm of reciprocity.

Prerequisites:

The following prerequisites must be satisfied by the requesting nation in order for the UAE to grant an extradition request:

  • The crime for which extradition is sought must be criminal by the laws of the country making the request, and the punishment must be such that it restricts the offender’s freedom for at least a year.
  • The remaining unfinished sentence cannot be less than six months if the extradition is related to the execution of a prison sentence.
  • In the country making the request, the individual in question has been or could be subjected to inhuman treatment, torture, harsh treatment, or humiliating punishment that is unrelated to the offence.
  • The individual was previously under investigation or on trial for the same offence, was either found not guilty or guilty, and was sentenced to the appropriate punishment.
  • The extradition-related offence has been the subject of a conclusive ruling from the UAE courts.

What Crimes Are You Extraditable To The UAE For?

More serious crimes like murder, abduction, drug trafficking, terrorism, burglary, rape, and sexual assault, as well as financial crimes like fraud, embezzlement, breach of trust, bribery, money laundering, arson, or espionage, may be subject to extradition from the UAE.

How to respond:

Your reputation, career, and business may all suffer if you receive a red notice. You may, however, be allowed a dispersal of the red notice with the correct assistance. These are the actions to take after receiving a red notice:

  • Please get in touch with the Commission for the Control of INTERPOL’s Files (CCF).
  • To have the notice removed, get in touch with the judicial system of the nation where it was issued.
  • You can ask for your information to be removed from INTERPOL’s database if the warning is unfounded and you live in that country by contacting the relevant authorities there.

Without the assistance of an experienced attorney, each of these phases can be difficult to manage. Sara Advocates and Legal Consultants can help you guide properly and fight your case against Interpol to delay your detainment and make sure to make this go away.

Judicial or Legal Conflict Potential Legal Rebuttals To An Extradition Request In The UAE

There may be inconsistencies between the laws or extradition processes of the UAE and those of the requesting nation. You or your attorney can use these distinctions, including those with nations that don’t have an extradition agreement with the UAE, to oppose an extradition request.

Dual-Criminality is absent

A person can only be extradited if the alleged crime is recognised as a crime in both the requesting and the requested States, according to the dual criminality concept. If the alleged offence or violation is not a crime in the UAE, you have reasons to contest the extradition request.

Non-discrimination

If a requested State has reason to fear that the asking nation will treat the person unfairly because of their nationality, gender, colour, ethnic origin, religion, or even political stance, they are not required to extradite that person. You can object to an extradition request by citing potential persecution.

Safeguarding nationals

Despite international treaties, a government may decline an extradition request in order to defend its people or dual nationals. But even while they are shielded from extradition, the person may still face legal action in the requested State.

Political Distinction

Political differences across nations might lead to extradition requests being rejected because they may be seen as political meddling. Additionally, different States’ perspectives on matters like human rights make it challenging to come to an agreement on extradition requests, especially those that deal with various issues.

Sara Advocates and Legal Consultants can assist if a red notice has been issued against you. Our areas of expertise include, but are not limited to Extradition, Judicial Assistance, Mutual Legal Assistance, International Law, and International Criminal Law. With a focus on Red Notice cases, we offer you the best representation possible in international criminal proceedings.