International cases
Interpol Red Notice: what it means if you are in Spain
Many people discover an Interpol alert at passport control, or when a hotel registration or a police check flags their name. A Red Notice is not a judgment and not even an arrest warrant, but in Spain it can lead to an arrest and to extradition proceedings. Knowing what it is helps to react well.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
Not a warrant
A Red Notice is a request to locate and provisionally arrest a person pending extradition. It is based on a warrant from the requesting country.
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If you are arrested in Spain on a Red Notice, you are brought before the Central Investigating Court of the National Court in Madrid.
Challenge
A notice can be challenged before the Commission for the Control of INTERPOL's Files, an independent body. It is free and confidential.
What a Red Notice is
It is an alert published by Interpol at the request of a member country, asking police worldwide to locate a person and provisionally arrest them while extradition is requested. The requesting country must have an arrest warrant or a court decision. Each country decides what legal value it gives to the notice.
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Within the EU, the equivalent tool is an alert in the Schengen Information System, which under Spanish law has the same effect as a European Arrest Warrant.
What happens if you are arrested in Spain
The police take you before the Central Investigating Court in Madrid. The judge informs you of the request, hears you with a lawyer and an interpreter, and decides whether you stay in custody or are released with conditions (passport surrendered, regular appearances) while the requesting country sends its formal extradition request.
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That country has a limited period, set by the applicable treaty, to send the formal request. If it does not arrive in time, provisional detention must end. Ties with Spain (residence, work, family) are the basis for asking for release.
Challenging the notice before Interpol
Interpol's Constitution forbids it from taking part in matters of a political, military, religious or racial character. Requests that are politically motivated, that concern facts which are not a crime, or that no longer have a legal basis (for example, because the case was closed or the offence is time-barred) can be challenged before the Commission for the Control of INTERPOL's Files, which can order deletion.
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A challenge before the Commission and the defence in the Spanish courts are two different paths. Often both are needed, and they must say the same thing.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
How can I know if there is a Red Notice against me?
Most Red Notices are not public. You can ask the Commission for the Control of INTERPOL's Files whether there is data about you. If you suspect there is an alert, it is better to find out before travelling than at an airport.
The case in my country was closed years ago. Can the notice still be active?
Yes, it happens. Notices are not always updated when a case is closed. That is a strong reason to challenge it, with documents from the court that closed the case.
Should I avoid travelling to Spain?
If you know or suspect there is a notice, get advice before travelling. In some cases it is possible to clarify the situation in advance; in others, the risk of arrest is real.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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