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Can a Red Notice subject be arrested?

Updated: Jan 17, 2022

by Isabel Alcántara, Esq.

There isn’t a straightforward answer to this question. A Red Notice’s purpose is to ask INTERPOL member countries to arrest the subject, with a view to extradition. Whether the subject will be arrested depends on a couple factors, one of them being if the subject is found in a country that has an extradition treaty with the country that requested the issuance of the Red Notice in the first place.

As an example, former Nissan chairman Carlos Ghosn was to be summoned to trial on financial misconduct charges in Japan, but he managed to flee to Lebanon in January of 2020. The Japanese National Central Bureau, located in Tokyo, issued a Red Notice against Mr. Ghosn, but Japan does not have an extradition treaty with Lebanon. Furthermore, as of October of 2021, Mr. Ghosn was still living in Lebanon.

There are also instances where a Red Notice subject is not likely to be extradited even though the countries involved did indeed enter into an extradition treaty. This is because there are treaties that only allow extradition in light of certain enumerated crimes. As you can see, there is much to consider when analyzing whether a Red Notice subject is likely to be arrested or not.

This was only a brief note on the topic. Red Notice subjects are encouraged to contact Attorney Isabel Alcántara to discuss this further.

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