Our last post addressed how INTERPOL notices can be reissued using the case of Luis Guaman as an example. 

Mr. Guaman’s Case: Legal Conflict Between Jurisdictions

In Mr. Guaman’s case, after he fled to Ecuador, the U.S. obtained a Red Notice and requested his extradition to New York, where he is wanted for the murders of his wife and son. Ecuador refused to extradite Mr. Guaman to the United States and instead tried and sentenced him domestically. 

Red Notices are not indefinite and must be renewed every five years. Because the U.S. does not recognize the Ecuadorian proceedings as resolving the charges pending in New York, U.S. authorities continue to consider the case active and the arrest warrant valid. In other words, Ecuador views the matter as resolved under its domestic law, while the United States continues to treat it as an open case.

To maintain the notice, the requesting country must revalidate the warrant every five years and confirm that the request remains legally justified. In this case, the Plymouth County District Attorney’s Office renewed the warrant to keep the notice active, and fifteen years after the murders, INTERPOL has confirmed that Guaman remains listed as wanted.

Our clients sometimes question whether a Red Notice can still be acted upon after 5 years, and this case illustrates the fact that they can. The requesting member country must simply request the renewal and provide assurance that the notice’s purpose is still valid.

As always, thoughts and comments are welcomed.