Red Notice Review After U.S. Release and India’s Failure to Seek Extradition
A client, arrested in the U.S. based on an Indian Red Notice, sought assistance to determine whether the notice remains active after India failed to pursue extradition. Advocate Dmytro Konovalenko challenged the notice due to lack of prosecution and legal justification.
Case Overview
An attorney representing an Indian national contacted our team to verify the status of a Red Notice issued by INTERPOL. The client had been arrested in the United States based on the notice, which related to alleged criminal activity in India. However, during the course of detention proceedings, the Indian state failed to pursue formal extradition, and the U.S. immigration court released the individual on bond.
Although the client was no longer in custody, the Red Notice may still be active — creating significant barriers to international mobility, legal standing, and future immigration or asylum claims. The attorney sought assistance in determining whether the notice remains live and how to initiate its deletion.
Legal Strategy: Challenging a Dormant Red Notice After Extradition Refusal
A key element of the case was the lack of follow-through by Indian authorities after the Red Notice led to arrest. Under INTERPOL’s rules, Red Notices must be based on active and legally supported extradition interest. When a requesting state fails to pursue extradition, it can undermine the legal justification for maintaining the notice.
Led by Dmytro Konovalenko, our legal team initiated a status inquiry through INTERPOL’s Commission for the Control of Files (CCF) to determine whether the Red Notice was still visible to member states. Simultaneously, we prepared arguments for its deletion based on lack of prosecution, procedural stagnation, and disproportionate impact.
Mr. Konovalenko, a specialist in Red Notice removal, also examined whether the notice violated INTERPOL’s principles of necessity, proportionality, and respect for human rights — particularly given the U.S. court’s decision to release the client and India’s silence thereafter.
Result
The legal process for verification and removal is underway. The client’s attorney has received guidance on next steps, including required documentation, timelines for CCF review, and protective measures in the interim. This case underscores how a state’s failure to act on a Red Notice can be grounds for its deletion — especially when the notice causes ongoing harm despite the absence of legal proceedings.
