INTERPOL Red Notice in Bulgaria: How Citizenship Determines Extradition Risk

Private Clients Insights, White collar crimes and investigations

Introduction

International criminal investigations increasingly involve cooperation between national law enforcement and judicial authorities. As a result, individuals who are the subject of criminal proceedings abroad may face legal consequences when travelling internationally, including where an international alert has been issued against them.

One of the most commonly used mechanisms of international police cooperation is the INTERPOL Red Notice, or international search bulletin. However, the legal consequences of such an alert are not uniform across jurisdictions. The effect of a Red Notice depends on the domestic legislation of the country in which the individual is located, as well as on the individual’s personal legal status, including nationality.

Under Bulgarian law, the existence of an INTERPOL Red Notice may trigger verification measures and may initiate extradition-related procedures. However, it does not itself constitute an extradition decision, nor does it automatically result in detention, surrender or removal of the person concerned.

This article examines the Bulgarian legal framework applicable where a person enters Bulgaria while being subject to an INTERPOL Red Notice. It analyses the possible procedural consequences, the stages of temporary detention, the formal extradition procedure, and the decisive importance of Bulgarian citizenship in assessing extradition risk.

INTERPOL Red Notice: An International Alert, Not an Extradition Order

An INTERPOL Red Notice is an international request for cooperation between law enforcement authorities. It informs member states that a person is sought by another jurisdiction for the purposes of prosecution or enforcement of a sentence.

However, a Red Notice is not itself an international arrest warrant and does not automatically oblige Bulgarian authorities to detain or extradite the person concerned.

The legal consequences of an INTERPOL Red Notice are determined by the domestic law of the country where the person is located. In Bulgaria, the relevant legal framework is primarily established by the Bulgarian Extradition and European Arrest Warrant Act.

Importantly, Article 4, paragraph 3 of the Bulgarian Extradition and European Arrest Warrant Act expressly provides that the Act applies where Bulgaria receives an INTERPOL international search bulletin or a Schengen Information System alert issued for the purposes of detention and extradition.

Accordingly, a Red Notice may activate the Bulgarian extradition framework, but any deprivation of liberty, temporary detention or extradition must comply with the statutory procedures established under Bulgarian law.

A Red Notice therefore functions as a mechanism for international cooperation and notification. It does not replace the requirement for Bulgarian authorities and courts to examine whether the legal requirements for extradition have been satisfied.

Entry into Bulgaria: The Position of Bulgarian Citizens and Foreign Nationals

Bulgarian Citizens’ Right to Return to Bulgaria

The starting point for the legal analysis is the constitutional protection afforded to Bulgarian citizens. Article 35, paragraph 2 of the Constitution of the Republic of Bulgaria provides that: “Every Bulgarian citizen has the right to return to the country.”

Therefore, the existence of an INTERPOL Red Notice does not, by itself, allow Bulgarian authorities to refuse entry to a Bulgarian citizen returning to Bulgaria.

However, the constitutional right to return does not prevent the application of lawful measures connected with international criminal cooperation. Bulgarian authorities may verify identity, nationality and relevant circumstances, and may apply the procedures provided under Bulgarian extradition legislation where the statutory requirements are met.

Accordingly, Bulgarian citizenship does not provide absolute immunity from all consequences arising from an international alert. Rather, it significantly affects the legal analysis, particularly because Bulgarian citizenship may constitute a legal obstacle to extradition.

Foreign Nationals Entering Bulgaria

The position is different where the person entering Bulgaria is a foreign national.

Foreign nationals may be subject to immigration and security measures under the Foreigners in the Republic of Bulgaria Act, including grounds related to security, public order, criminality, or relevant international alerts, including certain Schengen Information System alerts (Article 10 of the Foreigners in the Republic of Bulgaria Act).

These provisions apply to foreign nationals and do not override the constitutional right of Bulgarian citizens to return to Bulgaria.

Identity Checks and Initial Police Measures

Where Bulgarian authorities receive information that a person may be subject to an international alert, police authorities may undertake identity verification measures.

Under Article 70 of the Ministry of Interior Act, police authorities may conduct identity checks where, among other circumstances:

• there are data that a person has committed a crime or public order offence;
• identification is necessary for the detection or investigation of offences;
• identity documents must be verified;
• a police checkpoint or other lawful police control measure is being carried out;
• another competent state authority has requested verification.

Accordingly, Bulgarian police may verify the identity of an individual, examine documents and establish whether the person corresponds to the subject of an INTERPOL alert.

However, the existence of an INTERPOL Red Notice does not automatically create a general right to impose a 24-hour police detention under the Ministry of Interior Act.

The available legal basis must be assessed separately in each case. The specific 24-hour detention mechanism expressly provided in the Bulgarian Extradition and European Arrest Warrant Act concerns European Arrest Warrant proceedings under Article 42, paragraph 2 of the Bulgarian Extradition and European Arrest Warrant Act and does not automatically apply to ordinary extradition requests from third states.

Temporary Detention Before a Formal Extradition Request

Where urgent action is required before the submission of a formal extradition request, Bulgarian law provides a specific extradition-related temporary detention procedure.

Under Article 13 of the Bulgarian Extradition and European Arrest Warrant Act, the requesting state may submit a request for temporary detention through the Bulgarian Ministry of Justice or the Supreme Prosecutor’s Office.

The request must contain information regarding:

• the existence of an arrest act, charging act or sentence;
• the intention of the requesting state to submit a formal extradition request;
• the legal qualification of the offence;
• the time and place of commission of the offence;
• information identifying the person sought.

The request may be transmitted through INTERPOL or another method that provides written evidence of its receipt and content.

Once the person’s location and identity are established in Bulgaria, the Supreme Prosecutor’s Office may order detention for up to 72 hours under Article 13 of the Bulgarian Extradition and European Arrest Warrant Act in order to allow the matter to be brought before the competent court.

This detention is not automatic merely because a Red Notice exists. The statutory requirements under Article 13 of the Bulgarian Extradition and European Arrest Warrant Act must be satisfied.

Court-Ordered Temporary Detention: Up to 40 Days

Following the initial 72-hour detention period, the district prosecutor must submit the matter to the competent district court.

Under Article 13 of the Bulgarian Extradition and European Arrest Warrant Act, the court examines whether temporary detention should be imposed pending receipt of the formal extradition request.

The court may order:

• temporary detention; or
• another procedural measure sufficient to ensure the person’s participation in the extradition proceedings.

Temporary detention may be imposed for up to 40 days unless a different period is established by an applicable international treaty binding upon Bulgaria. The court’s decision is subject to appeal or protest before the competent appellate court within three days. The person concerned may also request replacement of temporary detention with another coercive measure capable of ensuring participation in the proceedings.

If Bulgaria does not receive the formal extradition request and supporting documents within the period determined by the court, the temporary detention measure must be revoked (Article 13 of the Bulgarian Extradition and European Arrest Warrant Act).

Formal Extradition Request and Judicial Review

A formal extradition request must be submitted in writing by the competent authority of the requesting state to the Bulgarian Ministry of Justice (Article 9 of the Bulgarian Extradition and European Arrest Warrant Act).

The request may also be transmitted through diplomatic channels, INTERPOL or another agreed method.

The extradition request must be accompanied by the relevant supporting documentation, including:

• the original or certified copy of the sentence, charging document, arrest warrant or equivalent act;
• a description of the offence, including time, place and legal qualification;
• copies of applicable legal provisions, including limitation periods;
• identifying information regarding the person sought, including nationality;
• information regarding any sentence remaining to be served.

Documents must be accompanied by a Bulgarian translation unless an applicable international treaty provides otherwise.

The Minister of Justice examines whether the request satisfies the statutory requirements and forwards the materials to the competent authorities under the procedure established by the Bulgarian Extradition and European Arrest Warrant Act.

Detention After Receipt of a Formal Extradition Request

Once Bulgaria receives a formal extradition request, a separate procedural stage begins.

Under Article 14 of the Bulgarian Extradition and European Arrest Warrant Act, the Supreme Prosecutor’s Office may detain the person for up to 72 hours, including where a previous temporary detention period has expired.

During this period, the district prosecutor must:

• ensure appointment of defence counsel and an interpreter where necessary;
• provide access to the extradition materials;
• take written explanations from the person;
• inform the person of the possibility of consenting to immediate extradition;
• request detention in custody until completion of the extradition proceedings.

The district court then reviews the detention request under Article 15 of the Bulgarian Extradition and European Arrest Warrant Act. The court’s decision may be appealed or protested before the competent appellate court within three days.

Court Proceedings on Extradition

The extradition request is examined by the district court under Articles 16 and 17 of the Bulgarian Extradition and European Arrest Warrant Act.

The court considers:

• whether the legal conditions for extradition are satisfied;
• whether extradition is legally admissible;
• whether mandatory grounds for refusal exist;
• whether discretionary grounds for refusal should apply;
• whether postponement or temporary extradition issues arise.

The court does not determine the guilt or innocence of the person concerned. Its role is limited to assessing whether the legal requirements for extradition have been fulfilled.

If extradition is granted, the court must impose detention until the actual surrender of the person to the requesting state (Article 17, paragraph 7 of the Bulgarian Extradition and European Arrest Warrant Act).

Bulgarian Citizenship: The Key Factor in Extradition Risk

The most significant distinction in Bulgarian extradition law concerns whether the person is a Bulgarian citizen.

Article 25, paragraph 4 of the Constitution of the Republic of Bulgaria provides that a Bulgarian citizen may not be surrendered to another state or international court for criminal prosecution unless this possibility is provided for in an international treaty ratified, promulgated and in force for Bulgaria.

The Bulgarian Extradition and European Arrest Warrant Act implements this constitutional protection. Under Article 6, paragraph 1, item 1 of the Bulgarian Extradition and European Arrest Warrant Act, extradition is inadmissible where the person is a Bulgarian citizen, unless extradition of Bulgarian citizens is permitted under an applicable international treaty binding on Bulgaria.

Therefore, if a person is a Bulgarian citizen at the moment the extradition request is received, Bulgarian citizenship becomes a central legal issue. The authorities must determine whether an applicable treaty provides a legal basis for surrender.

The existence of Bulgarian citizenship may therefore represent a significant obstacle to extradition.

Dual Nationality: Bulgarian Citizenship Remains Decisive

A frequent issue in international cases concerns individuals holding both Bulgarian and foreign citizenship.

Under Article 3 of the Bulgarian Citizenship Act, a Bulgarian citizen who also holds another nationality is generally treated as a Bulgarian citizen for the application of Bulgarian legislation unless otherwise provided by law.

Therefore, a person holding both Bulgarian and foreign citizenship does not automatically lose the protection afforded by Bulgarian nationality.

For example, where a person holds both Bulgarian and Turkish citizenship, the foreign nationality alone does not remove the constitutional protection arising from Bulgarian citizenship.

The relevant question is whether the person is a Bulgarian citizen at the time the extradition request is received.

Acquisition of Bulgarian Citizenship After an INTERPOL Red Notice but Before Receipt of the Formal Extradition Request

An important question that may arise in practice is whether a person who acquires Bulgarian citizenship after the publication of an INTERPOL Red Notice, but before Bulgaria receives the formal extradition request, benefits from the constitutional and statutory protections afforded to Bulgarian citizens.

Under Bulgarian law, the decisive date is not the date on which the INTERPOL Red Notice is published or circulated. Whilst an INTERPOL Red Notice or international search bulletin may trigger the application of the Bulgarian Extradition and European Arrest Warrant Act and may initiate verification or temporary detention procedures, it is not the legally relevant point at which Bulgarian citizenship is assessed for the purposes of extradition.

Article 6(2) of the Bulgarian Extradition and European Arrest Warrant Act expressly provides that the existence of Bulgarian citizenship is assessed at the moment when the formal extradition request is received by the Bulgarian authorities. Consequently, where a person validly acquires Bulgarian citizenship before Bulgaria receives the formal request for extradition, that individual must, for the purposes of the extradition proceedings, be treated as a Bulgarian citizen.

The legal consequence is significant. Under Article 6(1)(1) of the Bulgarian Extradition and European Arrest Warrant Act, read together with Article 25(4) of the Constitution of the Republic of Bulgaria, the extradition of a Bulgarian citizen is inadmissible unless the surrender of Bulgarian citizens is expressly permitted by an applicable international treaty that has been ratified, promulgated and entered into force for Bulgaria.

Accordingly, the prior publication of an INTERPOL Red Notice does not deprive an individual of the protection subsequently acquired through Bulgarian citizenship. If, at the legally relevant moment identified in Article 6(2) of the Act, the individual is a Bulgarian citizen, the Bulgarian authorities must assess the extradition request on that basis. In the absence of an applicable international treaty permitting the extradition of Bulgarian citizens, extradition should be regarded as legally inadmissible.

It should, however, be distinguished from the temporary measures that may arise before the formal extradition request is received. In urgent cases, Article 13 of the Bulgarian Extradition and European Arrest Warrant Act permits the requesting state to seek temporary detention through the Ministry of Justice or the Supreme Prosecutor’s Office, including by means of INTERPOL, provided that the statutory requirements are satisfied. Where such a request is made, the Supreme Prosecutor’s Office may order detention for up to 72 hours, after which the competent district court may impose temporary detention or another procedural coercive measure for a period of up to 40 days, or for such other period as may be prescribed by an applicable international treaty.

Nevertheless, if, by the time Bulgaria receives the formal extradition request, the individual has already acquired Bulgarian citizenship and no applicable international treaty permits the extradition of Bulgarian citizens, the legal obstacle established by Article 6 of the Bulgarian Extradition and European Arrest Warrant Act becomes applicable. In such circumstances, the judge rapporteur is required to terminate the extradition proceedings pursuant to Article 16 of the Act.

It should also be noted that the above analysis presupposes that Bulgarian citizenship has been validly acquired and remains effective. Where citizenship has been obtained by naturalisation, Bulgarian law permits its revocation in limited circumstances, including where the applicant obtained naturalisation by providing false information or concealing material facts which would have justified refusal of the application. Subject to the statutory conditions set out in the Bulgarian Citizenship Act, such revocation may affect the legal assessment of extradition if the individual’s Bulgarian citizenship is subsequently withdrawn.

Grounds for Refusal of Extradition

Even where nationality does not prevent extradition, Bulgarian courts must examine whether other legal grounds for refusal exist.

Under Articles 6, 7 and 8 of the Bulgarian Extradition and European Arrest Warrant Act, extradition may be refused or may be inadmissible in circumstances including:

• the person being a Bulgarian citizen, unless treaty provisions permit extradition;
• the person having been granted asylum in Bulgaria;
• immunity from Bulgarian criminal jurisdiction;
• lack of criminal responsibility under Bulgarian law;
• political offences or offences connected with political persecution;
• risk of torture, inhuman or degrading treatment;
• risk of discriminatory prosecution or punishment;
• expiry of limitation periods;
• a final judgment concerning the same offence;
• insufficient procedural guarantees;
• issues concerning the death penalty where adequate guarantees are absent.

The court’s assessment is therefore not limited to the existence of the foreign criminal proceedings. It must also consider fundamental rights protections and the rule of law.

Practical Considerations for Individuals Subject to an INTERPOL Red Notice

Individuals who may become subject to an INTERPOL Red Notice should assess the possible legal consequences before travelling.

From a Bulgarian law perspective, relevant preparation may include:

• confirming and documenting Bulgarian citizenship status where applicable;
• maintaining valid identity documents;
• obtaining legal advice regarding the foreign proceedings;
• preparing arguments concerning possible extradition objections;
• ensuring immediate access to legal representation if proceedings are initiated.

Early preparation is particularly important because decisions regarding temporary detention may arise within short statutory deadlines.

Conclusion

An INTERPOL Red Notice may have significant practical consequences for an individual entering Bulgaria, but it does not itself constitute an extradition order or automatically require detention or surrender. Bulgarian authorities must apply the procedures established under the Bulgarian Extradition and European Arrest Warrant Act and respect constitutional protections and fundamental rights safeguards.

For foreign nationals, the key question is whether the statutory requirements for extradition are satisfied and whether grounds for refusal exist.

For Bulgarian citizens, including dual nationals, the legal analysis is fundamentally different. Bulgarian citizenship may constitute a substantial obstacle to extradition because surrender is prohibited unless permitted by an applicable international treaty binding upon Bulgaria.

Accordingly, the assessment of extradition risk in Bulgaria requires careful analysis not only of the existence of an INTERPOL Red Notice, but also of the individual’s nationality, the applicable international legal framework and the procedural safeguards established under Bulgarian law.