Red Notice Removal — What Georgian Law Contributes
An INTERPOL Red Notice is an instrument of international search, and the procedure for its deletion is governed by INTERPOL's own Constitution and rules through the Commission for the Control of INTERPOL's Files — an entirely non-Georgian procedure whose details are not reproduced on this page. What does Georgian law do? Two things: Article 6 of the Criminal Code determines whose surrender is impossible at all — a bar that also stops a Red-Notice-driven surrender request; and Article 47-2 regulates expulsion and entry ban — the real risk that a client with a Red Notice often actually faces. This page's task is to explain precisely these Georgian anchors.
From the very first day the case unfolds into three questions, each requiring separate analysis. First — the client's status in Georgia: citizenship or a foreign order, because for a citizen the gate of surrender is in principle closed and the case moves entirely to the argumentation of the international procedure. Second — the factual base on which the notice stands: the content of the accusation, the requesting state and the circumstances that activate the exclusions of Article 6. Third — the real level of expulsion risk: if the client is a foreigner and any process is being conducted against him in Georgia, the terms of Article 47-2 must be accounted for in advance.
Article 6 — the Bar That Stops Surrender
A Red Notice does not by itself mean surrender — surrender is governed by Georgian substantive law. Under the first part of Article 6, a citizen of Georgia and a stateless person with status in Georgia may not be extradited for prosecution or for serving a sentence unless an international treaty provides otherwise. Under the second part, a foreign citizen or a stateless person on Georgian territory may be surrendered only in accordance with an international treaty. The third part excludes surrender of a person granted asylum persecuted for political beliefs, of one whose act is not a crime under Georgian legislation, and where the requesting state prescribes the death penalty. So notwithstanding a Red Notice, the gate of surrender stands on these barriers.