When Can an INTERPOL Red Notice Be Issued? Understanding Legal Criteria, Grounds, and Common Misuses

The INTERPOL Red Notice is a powerful tool in international law enforcement, often equated to an international arrest warrant. It allows countries to alert other INTERPOL member states about individuals wanted for serious crimes, facilitating their potential arrest and extradition. However, with great power comes great responsibility, and the issuance of a Red Notice is bound by stringent legal criteria to prevent abuse.

In this article, we explore when a Red Notice can be issued, the legal criteria involved, common grounds and triggers, as well as instances of misuse and the growing concerns surrounding its application.

Legal Criteria for Issuing a Red Notice

INTERPOL’s Constitution and its Rules for Data Processing (the RPD) establish the framework under which a Red Notice can be issued. The key legal provisions include:

1. Seriousness of the Offense: A Red Notice is typically issued for serious criminal offenses, such as murder, human trafficking, terrorism, drug trafficking, and large-scale financial crimes. The alleged offense must carry a prison sentence of at least two years in the requesting country – if the person is sought for prosecution; and a prison sentence of at least six months – if the person is sought to serve a sentence.
2. Dual Criminality: The offense for which the Red Notice is issued must be considered a crime in both the requesting country and the country where the individual is found. This ensures that the notice does not pertain to acts that are not universally recognized as crimes. To be honest, this criteria more refers to extradition law, however, if dual criminality is flagrantly not met – the likelihood that the red notice will be enforced in the first place decreases significantly, meaning that the person concerned can be just denied entry and returned to their departure country instead of being arrested.
3. Article 3 of INTERPOL’s Constitution: INTERPOL is strictly prohibited from intervening in matters of a political, military, racial, or religious character. This provision is fundamental in preventing the misuse of Red Notices for purposes that are outside the scope of INTERPOL’s mission.
4. Human Rights Compliance: INTERPOL must ensure that the issuance of a Red Notice does not violate human rights as enshrined in international treaties, such as the Universal Declaration of Human Rights – such obligation is enshrined by Article 2 of INTERPOL’s Constitution.
5. Red notices may be published only when sufficient judicial data has been provided.
6. Sufficient judicial data will be considered to include at least: (i) summary of facts of the case, which shall provide a succinct and clear description of the criminal activities of the wanted person, including the time and location of the alleged criminal activity; and (ii) charge(s); and (iii) law(s) covering the offence, and (iv) maximum penalty possible, sentence imposed, or sentence remaining to be served; and (v) reference to a valid arrest warrant or judicial decision having the same effect.

Identity particulars: Red notices may be published only when sufficient identifiers have been provided. Sufficient identifiers will be considered to include at least one of the following two combinations of identifiers: (i) family name, forename, sex, date of birth (at least the year) and one of the following identifiers: – physical description; or – DNA profile; or – fingerprints; or – data contained in identity documents (e.g. passport, national identity card). (ii) photograph of good quality with some additional data (e.g. alias, name of the parent(s), further physical description, DNA profile, fingerprints, etc.).

Typical Grounds and Triggers for a Red Notice

Red Notices can be issued under various circumstances, with some of the most typical grounds including:

1. Criminal Investigations and Prosecutions: The most straightforward trigger for a Red Notice is a criminal investigation or prosecution on a national level in one of Interpol member states (currently, 196 countries are members of INTERPOL – meaning, almost every country recognized by the United Nations). When an individual is charged with a serious crime and flees the jurisdiction where the investigation is carried out, the national authorities may request INTERPOL to issue a Red Notice to facilitate their capture.
2. Pending Extradition Requests: A Red Notice may be issued when there is an active extradition request pending between two countries. The notice helps ensure that the individual remains in custody until the extradition process is completed.
3. Failure to Appear in Court: Individuals who evade court appearances (abscond justice), particularly in cases involving serious offenses, may find themselves subject to a Red Notice. The notice acts as a deterrent against absconding from legal proceedings.

Common Misuses and Abuse of Red Notices

Despite its noble purpose, the Red Notice system has been subject to misuse by some member states. The most common forms of abuse include:

1. Political Persecution: Some authoritarian regimes have attempted to use Red Notices as a tool for political persecution. By labeling dissidents, journalists, or activists as criminals, these regimes seek to silence opposition on an international scale. A notorious example is the case of Bill Browder, a financier and political activist who became a target of multiple Red Notices after his efforts to expose corruption in Russia.
2. Private Disputes and Civil Matters: There have been instances where Red Notices were issued in what are essentially civil disputes, such as business conflicts or debt recovery cases. This goes against INTERPOL’s mandate, as the organization should not involve itself in civil matters.
3. Human Rights Violations: Red Notices have been issued in cases where the underlying legal process in the requesting country violates international human rights standards. For example, individuals who face torture or unfair trials if extradited have challenged the legitimacy of the Red Notice against them.

Tendencies and Statistics

According to INTERPOL’s own data, the number of Red Notices issued annually has been steadily increasing, reflecting both the growing interconnectedness of the world and the rising use of INTERPOL as a tool for global law enforcement. However, the increase in notices has also led to greater scrutiny from human rights organizations, which have raised concerns about potential abuses.

The Commission for the Control of INTERPOL’s Files (CCF), an independent body responsible for overseeing INTERPOL’s compliance with its rules, has seen a rise in requests for the deletion of Red Notices. This trend indicates that more individuals are challenging the validity of these notices, often on the grounds of political persecution or human rights violations.

Notorious Cases in the Media

Several high-profile cases have brought attention to the potential for misuse of Red Notices. In addition to Bill Browder’s case, the case of Bota Jardemalie, a Kazakh human rights lawyer, stands out. Jardemalie was targeted by a Red Notice after she fled Kazakhstan, a country with a history of political repression. The notice was widely regarded as an attempt to stifle her advocacy work.

Another significant case is that of Amina Arraf, a Syrian-American blogger who was targeted by a Red Notice during the Syrian Civil War. The notice was later revealed to be part of a politically motivated campaign to suppress dissent against the Assad regime.

It is also well known that INTERPOL system can be abused in so-called “Unfounded checks” cases, particularly on the part of the Gulf countries. These cases may be initiated based on politically motivated complaints, private disputes that have been escalated to criminal charges without merit, or simply as a form of harassment. The key issue is that these cases are not grounded in solid evidence or legitimate legal concerns, but rather serve as tools of oppression or personal vendetta.

Preventing the Issuance of a Red Notice

Given the potential for abuse and the serious consequences of being subject to a Red Notice, it is crucial for individuals who may be at risk to take proactive measures. One effective strategy is to file a preventive request with INTERPOL. This request allows the individual to present evidence and legal arguments to INTERPOL before a Red Notice is issued, potentially blocking the notice altogether.

The Role of Legal Counsel

The importance of seeking legal counsel in these matters cannot be overstated. A lawyer with experience in INTERPOL cases can draft a preventive request that highlights the potential abuses of the Red Notice system, presents exonerating evidence, and underscores any relevant human rights concerns. This proactive approach not only helps protect the individual’s rights but also mitigates the risk of unexpected arrests or travel restrictions.

The INTERPOL Red Notice system plays a vital role in international law enforcement, but it is not without its challenges and potential for misuse. By understanding the legal criteria, common grounds, and instances of abuse, individuals can better protect themselves from unwarranted international persecution.

If you believe you may be at risk of being targeted by a Red Notice, especially if you have left a jurisdiction where you are under investigation, we strongly recommend consulting with a legal professional. A lawyer can help you file a preventive request with INTERPOL, ensuring that your rights are protected and reducing the likelihood of a Red Notice being issued against you.

For more information or to discuss your specific case, please contact us. Our experienced team is here to assist you in navigating the complexities of the INTERPOL system.

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