GEN - T.M.C. Asser Instituut



| |

|COUNCIL OF | |Brussels, 1 April 2005 |

|THE EUROPEAN UNION | | |

| | |7702/05 |

| | | |

| | | |

| | |LIMITE |

| | |COPEN 63 |

| | |EJN 21 |

| | |EUROJUST 20 |

NOTE

|From: |General Secretariat |

|To: |Working Party on Cooperation in Criminal Matters (Experts on the European arrest warrant) |

|Subject: |European arrest warrant - Transmission via Interpol, formatted diffusion |

Delegations will find enclosed information from Interpol regarding the transmission of the European Arrest Warrant via Interpol.

________________________

Office of Legal Affairs, ICPO-Interpol

1. Interpol

Interpol started in 1923. It started upon an invitation of the Austrian government to police officials around the world under the name of International Police Commission (ICPC). In 1956 it was reconstituted on the basis of the current Constitution. The text of Interpol’s Constitution was adopted by the 25th session General Assembly of the ICPC. It is an international police organization in which 182 countries are represented.

Interpol facilitates cross border police co-operation, and supports and assists all organizations, authorities and services whose mission is to prevent or combat crime. Its headquarters is in Lyon, France. Interpol also has five regional bureaus, in Harare, Abidjan, Nairobi, Buenos Aires and San Salvador, plus a liaison office in Bangkok. As required by Article 32 of Interpol’s Constitution, each Interpol country provides a National Central Bureau (NCB). The NCB is the designated liaison for the General Secretariat, regional bureaus and other countries requiring assistance with investigations in a foreign country and the location and apprehension of fugitives.

The Organization focuses on three areas, referred to as its core functions:

1) Secure global police communications services - the fundamental condition for international police co-operation is for police forces to be able to communicate with each other securely throughout the world.

2) Operational data services and databases for police - once police can communicate internationally, they need access to information to assist in their investigations or allow them to prevent crime. Interpol has therefore developed and maintains a range of global databases, covering key data such as names of individuals, fingerprints, photographs, DNA, identification and travel documents, and Interpol notices.

3) Operational police support services - Interpol currently prioritises crime-fighting programmes on fugitives, terrorism, drugs and organized crime, trafficking in human beings, and financial and high tech crime. Other projects deal with child pornography on the Internet, stolen vehicles, and stolen works of art, bio-terrorism, police training, victim identification, and co-operation with other international organizations. A further function is to alert police in the affiliated countries about wanted persons via Interpol notices. The most widely known of these is the Red Notice, which is an erga omnes request for the provisional arrest of an individual, pending extradition.

2. Interpol’s initiatives with regard to the European Arrest Warrant

Article 10(3) of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States provides that the ICPO-Interpol may be used to transmit the European Arrest Warrant if it is not possible to call on the services of the SIS.

In October 2002, the General Secretariat of the ICPO-Interpol surveyed Ministries of Justice of the European Union Member States concerning their intentions for implementing the EAW, in particular with regards to plans for using the Interpol network and notices system. The General Secretariat was indeed keen to anticipate potential amendments of its instruments in order to match the needs of its own members (all Member States of the European Union are also represented in Interpol).

On the basis of the replies received and in particular given that a number of countries clearly indicated their intention to use the Interpol red notice to transmit the European arrest warrant and to consider the red notice as equivalent to a European arrest warrant provided that the information set out in Article 8(1) of the Framework decision was incorporated in the red notice, the General Secretariat in December 2003 sent to the Ministries of Justice of the European Union Member States (including acceding countries), a revised version of the Interpol red notice form for comments. The responses to this initiative were very positive and the form was amended to incorporate some of the comments made.

Meanwhile, Member States of the European Union unable to call on the services of the SIS had started to transmit the EAW via Interpol channels through their own NCB. Such transmission was made by simple message sent to one or many NCBs through Interpol I-24/7 telecommunication system in one of the Organization’s official languages (English, French, Spanish, Arabic).

However, it soon appeared that these messages, most often combining both surrender procedure requests to other Member States of the European Union and provisional arrest requests to the rest of Interpol countries, generated confusion. Presentation of the message would vary from one Member State to the other and the information requested in Article 8(1) of the Framework decision that is necessary for a provisional arrest request would not be clearly identified. The General Secretariat of the ICPO-Interpol had earlier initiated a project of “formatted diffusion”, i.e. a standard message with formatted fields rather than plain text, with a view no only to increase the quality of the information but also to streamline the processing of this information. The decision was therefore taken to incorporate the specific fields of the European arrest warrant into this formatted diffusion as was done for the red notice. The formatted diffusion has been made available to Interpol members via Interpol I-24/7 telecommunication system on 31 March 2005 (see copy attached).

3. Services available at Interpol for the transmission of the European Arrest Warrant

- Interpol I-24/7 telecommunication network

A state-of-the-art, fast, reliable and secure network, operating on a 24 hours a day, seven days a week basis, capable of transmitting messages containing fingerprints, photographs, DNA profiles and other electronic files (e.g., a scanned copy of the European arrest warrant in the language in which it was issued).

- Formatted diffusion

The “formatted diffusion” consists of a preformatted message (see attached form) seeking a particular action (to locate and trace, to arrest in order to serve a sentence or prosecute, to search a missing person, to identify an unidentified body).

It can contain fingerprints, photographs, DNA profiles and it incorporates the specific fields of the European arrest warrant.

The diffusion is sent in one of Interpol’s official languages by an NCB to one or many NCBs.

- Red notices

Red notices are formatted documents issued by the General Secretariat at the request of NCBs with a view to arrest an individual who is sought in the requesting country to serve a sentence or to be prosecuted. The General Secretariat has set up an electronic procedure for requesting the publication and circulation of notices. This service is available to NCBs via the new I-24/7 communication system and provides a secure, speedy and efficient means for transmitting and processing notices.

Red notices can contain fingerprints, photographs, DNA profiles and they will very soon incorporate the specific fields of the European arrest warrant.

Contrary to formatted diffusion, red notices are issued in all four of the Organization's official languages (English, French, Spanish and Arabic) and are circulated to all Interpol members.

__________

ANNEX

|Diffusion dispatch form | |

|May be used for test transmission. Please indicate « TEST » under Issuing country. | |

|Diffusion Identity Particulars Judicial information To serve a sentence For prosecution European Arrest Warrant Action| |

|to be taken if traced Identity Particulars Identity Particulars Information related to the disappearance or discovery | |

|Action to be taken Concerning the missing person Concerning a person unable to identify himself / herself | |

|Identification Material Discovery of the body Description Reference Signature | |

| |  DIFFUSION | |

| |Identity Particulars Top | |

| | | |

| | | |

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| |Issuing country [pic] | |

| |With a view | |

| |[pic] | |

| |To locate and trace (a criminal, a witness, etc.) | |

| | | |

| |[pic] | |

| |To arrest in order to serve a sentence | |

| | | |

| |[pic] | |

| |To arrest in order to prosecute | |

| | | |

| |[pic] | |

| |With an european arrest warrant issued | |

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| |[pic] | |

| |To search for a missing person / To identify a person suffering from amnesia | |

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| |[pic] | |

| |To identify an unidentified body | |

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| | | |

| |Recipient country(ies) | |

| |[pic]All member countries (IPCQ) | |

| |[pic]Zone(s) and/or specific country(ies) (IPCP) | |

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| |  1 - IDENTITY PARTICULARS | |

| |Diffusion Judicial information Top | |

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| |Photographs | |

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| |[pic] | |

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| |Fingerprints | |

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| |[pic] | |

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| |Caution | |

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| | This person may be: | |

| |[pic]Violent | |

| |[pic]Infectious | |

| |[pic]Mentally ill | |

| | | |

| |[pic]Suicidal | |

| |[pic]Addicted to drugs | |

| |[pic]Armed | |

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| |[pic]Dangerous | |

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| |[pic] | |

| |Other [pic] | |

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| |1.1 | |

| |Present family name | |

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| |[pic] | |

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| |1.2 | |

| |Family name at birth | |

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| |[pic] | |

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| |1.3 | |

| |Forenames | |

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| |[pic] | |

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| |1.4 | |

| |Sex | |

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| |[pic]Male [pic]Female | |

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| |1.5 | |

| |Date and place of birth | |

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| |Date (dd/mm/yyyy) | |

| |[pic]/[pic]/[pic] | |

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| |Place (Town, country) | |

| |[pic] | |

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| |1.6 | |

| |Also known as | |

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| |[pic] | |

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| |1.7 | |

| |Other dates of birth | |

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| |[pic] | |

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| |1.8 | |

| |Father's family name and forenames | |

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| |[pic][pic] | |

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| |1.9 | |

| |Mother's maiden name and forenames | |

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| |[pic][pic] | |

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| |1.10 | |

| |Identity | |

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| |[pic]Confirmed [pic]Not confirmed | |

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| |1.11 | |

| |Nationality | |

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| |[pic] | |

| |[pic]Confirmed [pic]Not confirmed | |

| |[pic] | |

| |[pic]Confirmed [pic]Not confirmed | |

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| |1.12 | |

| |Identity documents | |

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| |Document 1 | |

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| |Type | |

| |[pic] | |

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| |Number | |

| |[pic] | |

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| |Date of issuance (dd/mm/yyyy) | |

| |[pic]/[pic]/[pic] | |

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| |Place of issuance | |

| |[pic] | |

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| |Expiry date (dd/mm/yyyy) | |

| |[pic]/[pic]/[pic] | |

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| |Document 2 | |

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| |Type | |

| |[pic] | |

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| |Number | |

| |[pic] | |

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| |Date of issuance (dd/mm/yyyy) | |

| |[pic]/[pic]/[pic] | |

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| |Place of issuance | |

| |[pic] | |

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| |Expiry date (dd/mm/yyyy) | |

| |[pic]/[pic]/[pic] | |

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| |[pic] | |

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| |1.13 | |

| |Occupation | |

| |(Skills, professional qualifications, etc.) | |

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| |[pic] | |

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| |1.14 | |

| |Languages spoken | |

| | | |

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| |Usual | |

| |[pic] | |

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| |Others | |

| |[pic] | |

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| |1.15 | |

| |Description | |

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| |Height (cm) | |

| |[pic] | |

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| |Hair | |

| |[pic] | |

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| |Weight (kg) | |

| |[pic] | |

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| |Eyes | |

| |[pic] | |

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| |Build | |

| |[pic] | |

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| |Skin colour | |

| |[pic] | |

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| |1.16 | |

| |Distinguishing marks and characteristics | |

| |(Scars, tattoos, deformities, amputations, etc.) | |

| | | |

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| |[pic] | |

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| |1.17 | |

| |DNA Code | |

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| |[pic] | |

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| |1.18 | |

| |Regions/Countries likely to be visited. Place of residence and/or known address | |

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| |[pic] | |

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| |1.19 | |

| |Additional information | |

| |(Date and place of previous criminal activities, etc,) | |

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| |[pic] | |

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| |  2 - JUDICIAL INFORMATION | |

| |Identity Particulars To serve a sentence Top | |

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| | | |

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| |2.1 | |

| |Facts of the case | |

| |(Events, date, place, circumstances, modus operandi, constituent elements of the offence, exact role played by the offender, etc.) | |

| | | |

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| |Date (dd/mm/yyyy) | |

| |[pic]/[pic]/[pic] | |

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| |Place (Town, country) | |

| |[pic] | |

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| |Summary | |

| |[pic] | |

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| |2.2 | |

| |Accomplices | |

| | | |

| | | |

| | Family name | |

| | Forenames | |

| | Date of birth (dd/mm/yyyy) | |

| | | |

| |[pic] | |

| |[pic] | |

| |[pic]/[pic]/[pic] | |

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| |[pic] | |

| |[pic] | |

| |[pic]/[pic]/[pic] | |

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| |[pic] | |

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| | Comments | |

| |[pic] | |

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| |  TO SERVE A SENTENCE | |

| |Judicial information For prosecution Top | |

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| |2.3 | |

| |Charge(s) on which convicted | |

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| |[pic] | |

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| |2.4 | |

| |Law covering the offence(s) | |

| |(Article, section, etc.) | |

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| |[pic] | |

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| |2.5 | |

| |Sentence imposed | |

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| |Remainder of sentence to be served | |

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| |[pic][pic] | |

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| |2.6 | |

| |Time-limit for enforcement | |

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| |[pic] | |

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| |2.7 | |

| |Conviction/Sentence | |

| |(Number, date and place of issuance, issuing or competent judicial authorities) | |

| | | |

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| |[pic] | |

| |Decision handed down in offender's abscence (The person concerned has been personally summoned or otherwise informed of the date and place of | |

| |the hearing following which the judgment was handed down in his/her absence or if the person has not be informed, he/she will benefit from | |

| |certain legal guarantees when handed over to the judicial authorities) [pic]Yes [pic]No | |

| |Arrest warrant or judicial decision issued in view of the execution of the sentence (Precide number, date and place of issue, judicial | |

| |authority, name of signatory, expiry date) [pic]Yes [pic]No | |

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| |2.8 | |

| |Name of signatory | |

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| |[pic] | |

| |Copy of conviction/sentence enclosed in the language used by the requesting country [pic]Yes [pic]No | |

| |[pic] | |

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| |  FOR PROSECUTION | |

| |To serve a sentence European Arrest Warrant Top | |

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| |2.3 | |

| |Charge(s) | |

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| |[pic] | |

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| |2.4 | |

| |Law covering the offence(s) | |

| |(Article, section, etc.) | |

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| |[pic] | |

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| |2.5 | |

| |Maximum penalty possible | |

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| |[pic] | |

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| |2.6 | |

| |Time-limit for prosecution or expiry date of arrest warrant or judicial decision having the same effect | |

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| |[pic] | |

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| |2.7 | |

| |Arrest warrant or judicial decision having the same effect | |

| |(Number, date, place and country of issue, issuing or competent judicial authorities) | |

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| |[pic] | |

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| |2.8 | |

| |Name of signatory | |

| | | |

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| |[pic] | |

| |Copy of arrest warrant encloded in the language used by the requesting country [pic]Yes [pic]No | |

| |[pic] | |

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| |  EUROPEAN ARREST WARRANT | |

| |For prosecution Action to be taken if traced Top | |

| | | |

| | | |

| | | |

| |The above offence(s) appear(s) on the list of the 32 offences refered to in the European Council Framework Descision 2002/584/JHA of 13| |

| |June 2002 as not requering dual criminality examination: [pic]Yes [pic]No | |

| | | |

| |In the case of life imprisonment, is any reduction of the sentence possible (adjustment upon application by the offender or after 20 | |

| |year served, or clemency measures): [pic]Yes [pic]No | |

| | | |

| |European Arrest Warrant: | |

| |(Number, date, place and country of issue, issuing or competent judicial authorities) | |

| |[pic] | |

| | | |

| |The warrant pertains also to the seizure and handling over of property which may be required as evidence or property acquired by the | |

| |requested person as result of the offence: [pic]Yes [pic]No | |

| | | |

| |Description of the property (and location)(if known): | |

| |[pic] | |

| | | |

| |Copy of European Arrest warrant enclosed in the language used by the requesting country [pic]Yes [pic]No | |

| |[pic] | |

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| |  3 - ACTION TO BE TAKEN IF TRACED | |

| |European Arrest Warrant Identity Particulars Top | |

| | | |

| | | |

| | | |

| |3.1 | |

| | | |

| | | |

| | Immediately inform INTERPOL [pic](NCB reference [pic]of [pic]/[pic]/[pic] (dd/mm/yyyy) ) and the ICPO-INTERPOL General Secretariat | |

| |that the fugitive has been found. | |

| | | |

| |3.2 | |

| | | |

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| | For countries which consider red notices to be valid requests for provisional arrest, please provisionally arrest the fugitive.In this| |

| |connection, please state whether your country is a party to one of the following Conventions: | |

| |[pic] | |

| |For countries party to the European Convention on Extradition, this diffusion is equivalent to the request for provisional arrest | |

| |referred to in Article 16. | |

| | | |

| |[pic] | |

| |For countries party to the Arab Convention on Mutual Assistance in Legal Matters, this diffusion is equivalent to the request for | |

| |provisional arrest referred to in Article 43. | |

| | | |

| |[pic] | |

| |For countries party to the Convention on Extradition concluded by the member of ECOWAS, this diffusion is equivalent to the request for| |

| |provisional arrest referred to in Article 22. | |

| | | |

| |[pic] | |

| |For countries party to another relevant multilateral convention under which this diffusion is equivalent to a request for provisional | |

| |arrest, give the name of the convention. | |

| | | |

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| |[pic] | |

| |EXTRADITION WILL BE REQUESTED FROM ANY COUNTRY WITH WHICH THE REQUESTING COUNTRY IS LINKED BY A BILATERAL EXTRADITION TREATY, AN | |

| |EXTRADITION CONVENTION OR BY ANY OTHER CONVENTION OR TREATY CONTAINING PROVISIONS ON EXTRADITION. | |

| | | |

| |[pic] | |

| |EXTRADITION WILL BE REQUESTED FROM ANY COUNTRY WITH WHICH THE REQUESTING COUNTRY IS LINKED BY A BILATERAL EXTRADITION TREATY, AN | |

| |EXTRADITION CONVENTION OR BY ANY OTHER CONVENTION OR TREATY CONTAINING PROVISIONS ON EXTRADITION, WITH THE EXCEPTION OF THE FOLLOWING | |

| |COUNTRIES [pic] | |

| | | |

| |[pic] | |

| |EXTRADITION WILL BE REQUESTED FROM ANY COUNTRY WITH WHICH THE REQUESTING COUNTRY IS LINKED BY A BILATERAL EXTRADITION TREATY, AN | |

| |EXTRADITION CONVENTION OR BY ANY OTHER CONVENTION OR TREATY CONTAINING PROVISIONS ON EXTRADITION, AND ALSO FROM THE FOLLOWING COUNTRIES| |

| |[pic] | |

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| |European arrest warrant | |

| |This warrant has been issued by a competent judicial authority. The arrest and surrender of the above mentioned person is requested for| |

| |the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order. | |

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| |  SIGNATURE | |

| |Reference Top | |

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| |Address of the requesting NCB | |

| |(Telephone and fax numbers) | |

| |[pic] | |

| |Name of the Officer in charge of this matter | |

| |[pic] | |

| |E-mail address (mandatory for acknowledgement of receipt) | |

| |[pic] | |

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Bas du formulaire

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