INTERPOL Red Notice Removal Lawyers for Georgia Cases

Depending on the circumstances, we can assist with:

• reviewing known Red Notice or Diffusion information;
• determining whether a CCF access request is required first;
• analysing whether the notice complies with INTERPOL’s Constitution and data-processing rules;
• preparing a correction or deletion request;
• reviewing the underlying arrest warrant and criminal case;
• assessing whether political, human-rights or data-quality issues are relevant;
• organising supporting court and prosecution documents; and
• coordinating with Georgian counsel where local detention or extradition proceedings arise.

Where the central objective is removal, our Red Notice removal lawyers can assess the available evidence and prepare the appropriate challenge.

Yes.

Georgia’s Law on International Cooperation in Criminal Matters provides that INTERPOL channels or other communication methods may be used in international criminal cooperation, unless the relevant foreign national law requires otherwise.

Georgian legislation also gives the Prosecutor’s Office authority to carry out procedures connected with an international search through INTERPOL channels for the purpose of detention and extradition.

This makes it important to distinguish between:

• the existence of INTERPOL data;
• the use of that data in international cooperation; and
• any national legal order made in Georgia.

A Red Notice should not be treated as if it automatically replaces Georgian judicial procedure.

Georgian citizenship can materially affect the national extradition analysis.

Article 21 of the Law on International Cooperation in Criminal Matters states that a Georgian citizen may not be extradited to a foreign state unless otherwise provided by an international agreement of Georgia.

This is different from saying that Georgian citizens can never be extradited.

The correct analysis depends on whether an applicable international agreement creates an exception to the general statutory rule.

For a Georgia-related INTERPOL case, we therefore review:

• the person’s citizenship;
• the country requesting extradition;
• whether an international agreement applies;
• the status of the underlying foreign proceedings; and
• whether INTERPOL data should be challenged independently.

Georgia’s extradition law contains several additional protections and conditions.

For example, the law generally requires dual criminality and minimum penalty thresholds for extraditable offences.

It also provides that extradition may not be conducted in certain circumstances, including where:

• the applicable limitation period has expired under Georgian criminal law;
• the person has been granted asylum or international protection in Georgia, subject to the statutory exception concerning a third safe state;
• a default judgment was issued without adequate notice or minimum defence rights, unless sufficient assurances are provided; or
• the relevant offence is punishable by death in the requesting state.

These are national extradition questions. They do not themselves determine whether the Red Notice complies with INTERPOL’s rules.

Can a Red Notice Lead to Detention in Georgia?

A foreign international search can become relevant to detention and extradition proceedings in Georgia, but the national process is governed by Georgian law.

The Law on International Cooperation in Criminal Matters provides that information about the arrest in Georgia of a person wanted by foreign law-enforcement authorities must be communicated to the relevant prosecutor. The prosecutor then applies to the appropriate magistrate judge concerning a measure of restraint.

The law also provides for extradition detention and other restrictive measures, subject to judicial review and statutory time limits.

This is why an INTERPOL alert and a Georgian detention order should not be described as the same legal instrument.

How Is Extradition Decided in Georgia?

Georgia’s procedure involves both prosecutorial and judicial stages.

Where an extradition request is received and satisfies the applicable formal requirements, the materials are forwarded to the Prosecutor’s Office. A prosecutor can then apply to the relevant district or city court for a decision on whether extradition is legally permissible.

If the court finds extradition impermissible, the Minister of Justice must refuse the request. If the court finds extradition permissible, the Minister of Justice makes the final executive decision to allow or refuse extradition, taking into account the court ruling and Georgia’s human-rights obligations.

This creates a distinct national procedure that can exist alongside a CCF challenge.

Where formal extradition proceedings have started, our international extradition lawyers can coordinate the cross-border strategy with appropriate Georgian representation.

When Should a Red Notice Be Challenged Before the CCF?

A CCF challenge may be appropriate where the problem concerns the lawfulness or continued processing of the INTERPOL data itself.

Depending on the facts, relevant issues may include:

• inaccurate or outdated information;
• insufficient description of the alleged conduct;
• political, military, religious or racial elements under Article 3;
• human-rights concerns under Article 2;
• major developments in the underlying criminal proceedings;
• a lack of continuing relevance for international police cooperation; or
• failure to satisfy other requirements under INTERPOL’s Rules on the Processing of Data.

The CCF does not decide whether Georgia should extradite a person. Its role is limited to reviewing the processing of INTERPOL data.

This distinction is particularly important where the client is already involved in Georgian national proceedings.

What If You Do Not Know Whether a Red Notice Exists?

A person should not assume that no Red Notice exists simply because nothing appears on INTERPOL’s public website.

Many Red Notices are restricted to law-enforcement use.

Where a foreign arrest warrant or international investigation exists but the INTERPOL status is unclear, it may be appropriate to seek access to the data before preparing a deletion request.

This allows the legal strategy to be based on the actual information available through the CCF process rather than assumptions.

How We Build a Georgia-Specific Red Notice Strategy

A Georgia-related case should be assessed at three levels.

INTERPOL level

We examine what personal data is being processed and whether it complies with INTERPOL’s legal framework.

Georgian level

We determine whether local detention, extradition or other proceedings have begun and what Georgian law requires.

Requesting-state level

We review the foreign arrest warrant, criminal case and any later decisions that could affect either the CCF application or the Georgian proceedings.

This three-part approach reduces the risk of making arguments before the CCF that are inconsistent with the defence being pursued in Georgia.

What Documents Can Be Important?

Depending on the case, relevant documents may include:

• Red Notice or Diffusion details;
• the foreign arrest warrant;
• prosecution and court documents;
• evidence of the client’s Georgian citizenship;
• extradition requests or detention documents;
• judgments terminating or changing the underlying case;
• asylum or international-protection decisions;
• evidence of factual inaccuracies; and
• official materials relevant to an Article 2 or Article 3 challenge.

The documentary strategy should be built around the actual case rather than a standardised country template.

What Happens If INTERPOL Deletes the Data?

Deletion resolves the INTERPOL data-processing issue.

It does not automatically cancel:

• the foreign national arrest warrant;
• the underlying criminal case;
• a Georgian extradition proceeding; or
• another lawful international cooperation mechanism.

After a successful CCF result, it may therefore still be necessary to determine whether any national process remains active.

Legal Help With an INTERPOL Red Notice in Georgia

Georgia-related INTERPOL cases can involve several authorities at once: INTERPOL, Georgian prosecutors and courts, the Ministry of Justice and authorities in the requesting state.

Our lawyers can review the INTERPOL file, prepare a CCF correction or deletion request and coordinate the international strategy with Georgian counsel where national representation is required.

Contact our team for a confidential assessment of your case.