In our last segment, I discussed the way that the Dual Criminality requirement of most extradition treaties affects Red Notice subjects who are possibly facing extradition.
We left off with the idea that, even if extradition is prevented by a lack of dual criminality, a Red Notice can still lead to a person’s removal from a country. How can that happen?
- A person can be removed, or deported from a country even if they can’t be extradited from it
- For example: Italian citizen is in Canada on non-extraditable charges, Canadian authorities could remove/deport him back to Italy if they became aware of a Red Notice in his name.
- They don’t have to, but they can if they wish because a foreign national’s presence in a country is at the discretion of the immigration authorities
Another means of transferring a person from one country to another is through diplomatic efforts, when the sending country feels its best interests would be served by providing the fugitive to the requesting country
The possibility of extradition or removal is the reason that many Red Notice subjects seek assistance with Red Notices even when they are in a safe country.