Red Notice in Poland
About
A Red Notice is one of the types of documents issued by the Interpol General Secretariat at the request of member states. Its main purpose is to strengthen national searches conducted for the arrest, detention on remand and extradition of a specific person. The Red Notice is issued for the most serious crimes, such as murder, rape with particular cruelty, drug activity, forgery or participation in organized crime groups.
Information on the issuance of a Red Notice goes to all member states and is posted in the Nominal Database of the General Secretariat, making it available to national police units via the I-24/7 system. In addition, some of it is published on the Interpol website, along with the person’s photo, personal data and information on what act the person is wanted for.
Currently, the Interpol website provides information on Red Notice searches for about 7,000 people, including 40 Polish citizens. The condition for the issuance of a Red Notice is the prior issuance of a decision by the court of the Member State in which the person is being prosecuted on the subject of arrest and detention on remand.
In Poland, if the whereabouts of a person prosecuted with a Red Notice are established, the police unit immediately informs the National Central Bureau in Warsaw, sending a notification of the positive result of the check and a request to confirm the current entry. If all information is up-to-date and confirmed, the arrest of the person in question takes place and the extradition procedure begins. During extradition proceedings, preventive measures may be applied to the suspect. The most common of these is detention on remand.
With regard to matters related to the issuance of an Interpol Red Notice and extradition proceedings, Kopeć & Zaborowski Law Firm offers:
- detailed discussion of the institution of a Red Notice;
- preparation of a request for removal from Interpol databases and a request to determine whether a person is covered by a notice at a given time;
- detailed discussion of the institution of extradition, its admissibility and consequences, as well as an analysis of the legal and factual situation of a person subject to an extradition request, including the grounds for refusal to surrender a person to a foreign state;
- participation in the activities undertaken as part of the extradition procedure (including the drafting of position letters on the case);
- ongoing contact with the authorities conducting the proceedings and with the competent authorities of the state requesting extradition;
- preparation of appeals and letters to the Minister of Justice, the Ombudsman and the Prosecutor General in the field of extradition, including requesting cassation;
- analysis of cassation grounds and preparation of a cassation in an extradition case;
- preparation of a complaint to the European Court of Human Rights regarding irregularities in extradition proceedings;
- preparation of an application to the Head of the Office for Foreigners for granting a foreigner asylum in Poland and a possible application for reconsideration of the case and a complaint to the Voivodship Administrative Court.
Our services are directed to:
- persons prosecuted with a Red Notice;
- persons of interest to Interpol;
- persons against whom extradition proceedings have been initiated;
- Polish citizens and foreigners prosecuted by international law enforcement agencies.
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FAQ
What is a Red Notice issued by Interpol?
A Red Notice is an international request published by the Interpol General Secretariat at the express demand of a member country. It serves as a formal alert to law enforcement authorities worldwide regarding a person wanted for serious criminal charges or to serve a sentence. The Red Notice facilitates the location, provisional arrest, and extradition of wanted persons across international borders. It is an essential element of the global judicial cooperation framework designed to combat transnational crime, including offenses such as homicide, drug trafficking, human trafficking, fraud, terrorism, and organized crime.
How is Red Notice information disseminated and accessed?
Once issued, Red Notice information is communicated to all 195 Interpol member countries and entered into Interpol’s proprietary databases. Law enforcement agencies access this information via Interpol’s secure communication platform, I-24/7, which enables rapid dissemination to national police forces, border control units, and immigration authorities. Basic information such as the wanted individual’s photo, personal identifiers, and details of the charges may also be published on Interpol’s public website. This broad accessibility makes it difficult for wanted persons to evade detection internationally.
Under what legal conditions can a Red Notice be issued?
A Red Notice can only be requested after a competent judicial authority in a member country has issued an arrest warrant based on criminal proceedings or sentencing. This requirement ensures that Red Notices reflect serious legal actions grounded in due process. The notice’s issuance is contingent on compliance with Interpol’s constitution, which prohibits the use of Red Notices for political, military, religious, or racial crimes. Therefore, the notice must relate to ordinary criminal offenses recognized as punishable under international and national law.
What happens when a person subject to a Red Notice is located in Poland?
Upon detecting a person subject to a Red Notice in Polish territory, local police immediately inform the National Central Bureau (NCB) in Warsaw. The NCB verifies the notice’s validity with Interpol and coordinates the next steps. Polish authorities may provisionally arrest the individual and initiate extradition proceedings pursuant to Polish law and international treaties, including European Arrest Warrant provisions where applicable. The detained person is entitled to full legal protections during this process, including the right to legal counsel and the right to contest the surrender. Detention pending extradition is subject to judicial oversight to prevent arbitrary or prolonged deprivation of liberty.
What legal representation and services are available for persons subject to Red Notices and extradition in Poland?
Persons affected by Red Notices and extradition requests have access to comprehensive legal support, including:
- Detailed explanations of the Red Notice mechanism and implications.
- Assistance in verifying and challenging the factual and legal basis for the notice or extradition request.
- Preparation of procedural documents and legal motions, including appeals against surrender decisions.
- Representation during hearings before regional courts responsible for assessing extradition requests.
- Appeals to higher authorities and oversight bodies, such as the Minister of Justice or international courts, where human rights may be at risk.
- Coordination with foreign legal representatives in the requesting country to ensure procedural fairness.
- Support in applying for asylum or other protective measures in Poland when extradition could lead to human rights violations.
Who typically needs assistance with Red Notice-related matters in Poland?
Assistance is primarily sought by:
- Individuals who have been arrested or detained on the basis of a Red Notice.
- Persons who suspect or have been informed that a Red Notice has been issued against them.
- Foreign nationals and Polish citizens facing extradition proceedings.
- Relatives and legal representatives seeking to understand and manage the process.
- Corporations or entities indirectly affected by Red Notices linked to investigations involving their personnel.
What are the typical timeframes involved in extradition proceedings following a Red Notice arrest in Poland?
Polish law requires courts to adjudicate on the surrender decision within 30 days from arrest, with possible extensions for complex cases or if appeals are filed. Following a final surrender order, the physical handover to the requesting state should occur within 10 days. While these timeframes are legally mandated, practical durations may vary depending on case complexity, legal challenges, or diplomatic considerations. Provisional detention during this period must comply with national and international human rights standards.
Can a Red Notice be challenged or removed, and how?
Yes, Red Notices can be legally contested. Persons or their representatives may file applications to Interpol’s Commission for the Control of Files to review and suspend or delete notices if they were issued unlawfully, in violation of human rights, or for political reasons prohibited by Interpol’s rules. National courts and authorities may also refuse to execute extradition requests based on Red Notices if they contravene Polish law or international obligations, such as the risk of torture or unfair trial in the requesting state.
What rights do individuals have during the extradition process in Poland based on a Red Notice?
Individuals subject to extradition have broad procedural rights guaranteed by Polish and international law, including:
- Access to legal counsel throughout investigative and judicial phases.
- The right to be informed in detail and promptly of the charges and legal grounds for extradition.
- The right to submit evidence and arguments against surrender.
- Rights to translation and interpretation if not proficient in Polish.
- Protection against extradition if the person faces a real risk of torture, inhuman treatment, death penalty, or unfair trial conditions.
- Possibility of appeal to higher courts and supervisory bodies.
Why is engaging professional legal assistance essential for persons affected by Red Notices in Poland?
Given the serious consequences—including arrest, detention, and potential transfer to foreign jurisdictions where legal safeguards may differ significantly—professional legal support is critical. Skilled lawyers help:
- Navigate complex procedural requirements and deadlines.
- Analyze the validity of extradition requests and identify grounds for refusal.
- Prepare and file effective legal challenges and appeals.
- Protect fundamental rights and ensure fair treatment.
- Liaise with Polish and foreign authorities for coordinated defense strategies.
Explore alternative legal remedies such as asylum or humanitarian protections.
Without expert guidance, individuals risk unfair treatment, wrongful extradition, or missed opportunities to assert their rights.