Interpol Red Notice and the International Extradition Law

The Interpol and extradition cases that our team has handled over the years include bribery and corruption, bank fraud, embezzlement of public funds, drug trafficking and money laundering.   The extradition requests are from the Hong Kong SAR, the People's Republic of China and the United States of America.   Subject to the matter involved, not all Interpol cases need to be heard in court; the Red Notice put on a case that we once handled was removed without the case ever going through the judicial process.

The International Criminal Police Organization (INTERPOL)

With the assistance of Red Notice published among its 190 member countries, the Interpol pursues target persons throughout the world and the National Central Bureau in New Zealand, on receipt of a Red Notice, usually will act:

  1. by informing the law enforcement agencies to carry out searches and make arrest where the cases are very serious and urgent in nature;
  2. by notifying the Department of Internal Affairs to suspend or stop processing the residence or citizenship application of the target person where the criminal allegations are less serious; and
  3. upon receipt of the information from the Interpol, the relevant local authorities may request the target person to:
  • voluntarily return to his/her country to face the relevant charge(s);
  • respond to the criminal allegations; or
  • face extradition proceedings.

Extradition Act of New Zealand

The Act enables the New Zealand Government to render assistance to a foreign government to extradite a person to that country for trial, irrespective of any extradition treaty between New Zealand and the country.   The Act sets out stringent requirements on the information and evidence that a foreign government must furnish in respect of a target person to safeguard his/her interests.

Part 5 of the Act provides specifically for extraditions to non-treaty countries.

An extraditable offence is:

  1. One punishable under the law of an extradition country with a minimum penalty of 12 months imprisonment;
  2. One punishable under similar New Zealand law with similar sentence term - double criminality;
  3. One within the list of extraditable offences provided by a relevant extradition treaty.

When will a New Zealand court dismiss an extradition request?

  1. When it is an offence of a political character (e.g. political persecution);
  2. When sufficient evidence is shown that the person concerned, when extradited, will be ill-treated, subject to human rights violation or will not have a fair trial in the extradition country;
  3. When the person, if extradited, will probably face the death penalty, unless the extradition country undertakes that he will not be subject to such penalty;
  4. When an extradition request is religiously, racially, gender or politically motivated, and that there is no possibility of a fair trial.

Extradition Proceedings

  1. An extradition hearing is a complex process, where a judge will examine all the evidence in relation to the alleged offence, and the prosecution and the defence may call witness to give evidence, which the accused (the target person) generally is not required to do so;
  2. Dependent on whether a prima facie case has been established by the prosecution, a judge may grant or dismiss the extradition request and both the prosecution and the defence may appeal the decision to higher courts;
  3. Given that judicial independence is strictly observed in New Zealand, a judge has absolute authority in  carrying out his/her judicial duties and obligations, free from any interference.