This is the third in a series of posts by guest author Lisa Ould Aklouche*
A reader recently posed the following question:
“Is it a prerequisite for a Red notice that the notice pertains to a criminal offense in the issuing country?”
The simple answer is yes.
What is more, in general, Red Notices may be published only if the offense concerned is a serious ordinary-law crime.
In addition, if the person is sought for prosecution, the conduct constituting the offense must generally be punishable by at least two years of imprisonment or a more serious penalty. If the person is sought to serve a sentence that has already been imposed, he or she must be sentenced to at least six months of imprisonment and/or there is at least six months of the sentence remaining to be served.
The only exception to these conditions is if the General Secretariat decides to publish a requested Red notice because it considers that it would be of particular importance to international police cooperation.
As always, questions and comments are welcomed.
** Ms. Ould-Aklouche holds a master’s degree in French law. She can be reached at email@example.com.