An arrest warrant is one of the most important tools in the arsenal of law enforcement agencies to ensure justice and bring persons to criminal responsibility. The procedure for its issuance, as well as the subsequent withdrawal, requires careful compliance with the legal norms of both the national and international legislators. Let us consider what an arrest warrant is, what an Interpol Red Notice means, as well as examine the process of deleting Interpol Red Notice.
What is an arrest warrant?
An arrest warrant is an official court order issued by a competent authority requiring the arrest of a specific person. An arrest warrant can be issued both at the national level and under international agreements. According to generally accepted standards, the basis for issuing an arrest warrant is the existence of reasonable suspicion that a person has committed a crime, which requires his mandatory presentation to court or for investigation.
At the international level, there is the so-called “Interpol Red Warrant”, which, although not an arrest warrant in the legal sense, performs a similar function by making it possible to search for and arrest a person who is outside the jurisdiction of the state in which he or she is accused.
When is an arrest warrant issued?
An arrest warrant is issued when there are sufficient grounds to suspect a person of committing a crime. The main conditions are:
- Established facts indicating a person’s involvement in the commission of a crime.
- The presence of a risk that the person may evade justice or continue the unlawful activity.
Violation of the conditions of a previously granted bail, which may lead to re-arrest.
International arrest warrants can be issued under mutual legal assistance agreements, as well as on the basis of Interpol notifications, if a person is wanted on suspicion of serious crimes such as terrorism, money laundering or human trafficking. In such cases, the extradition of the person to the requesting state that initiated the request is possible.
How to cancel an arrest warrant?
The process of canceling or revoking an arrest warrant requires qualified legal assistance. Extradition lawyers who will conduct a thorough analysis of all the circumstances of the case. There are several options that can be used to get the arrest warrant lifted.
Appeals and issues
The annulment of an arrest warrant is possible if the illegality of its issuance is proven, for example, if the arrest warrant was issued in violation of procedural norms or without a basis for its application. Lawyers specializing in criminal cases can challenge the arrest warrant in court by pointing out procedural errors or human rights violations, such as the right to a fair trial.
Application for revocation or amendment
One of the most common ways to annul an arrest warrant is to file an appropriate application with the court. In such applications, a lawyer representing the client’s interests may argue that the arrest warrant was issued without grounds, including for political motives, or that it violates the norms of international law. In case of success, the court may decide to annul the arrest warrant or amend the conditions.
Special Procedures for International Arrest Warrants
In the case of international arrest warrants, such as Interpol red notices, there are several specific procedures for their revocation. Removing an Interpol red notice is a complex process that requires careful legal preparation and argumentation. Extradition lawyers can file a request with the Commission for the Control of Interpol Files (CCF) to revoke the notice if it was issued in violation of human rights or without grounds.
Interpol Arrest Warrant Lawyers
Lawyers at Auslieferungs Anwälte specializing in cases related to arrest warrants have in-depth knowledge of both domestic and international law. When resolving issues related to international arrest warrants, it is important to turn to qualified specialists in the field of Interpol extradition law who have a successful practice in protecting the rights of clients sought through red notices.
The role of lawyers in such cases is not only to prepare applications to cancel the arrest warrant, but also to conduct negotiations with the judicial bodies and protect the interests of the client at all stages of the proceedings. This includes collecting evidence proving the illegality of issuing the arrest warrant and submitting relevant applications to international organizations.
It is recommended to contact our qualified lawyers who have extensive experience in the international legal field and successfully defend the rights of clients in complex cases related to arrest warrants and extraditions.
