Interpol Red Notice
Our Interpol lawyers extensive experience in representing clients facing Red Notices, frequently working with high-profile individuals and professionals targeted by political opponents or those involved in contentious civil disputes. With an in-depth knowledge of Interpol’s procedures, can advise on all related issues, such as diffusion notices, deletion of Red Notice, preventing of the red notice. We are committed to protect your rights and ensure that any misuse of this powerful tool is effectively countered.
A red notice is an International search tool used by law enforcement worldwide to locate and provisionally arrest a person pending extradition.
If a person under a red notice appears in a territory controlled by an Interpol member country, the police or domestic law enforcement agencies can independently choose whether to arrest or detain them. Nonetheless, red notices always create the risk of being arrested pending extradition.
What is Interpol Red Notice?
Interpol Red Notices are international alerts issued by a member country to inform other countries that a person is wanted in relation to criminal activities. However, Red notices aren’t considered as international arrest warrants. Here is what happens when these Interpol notices are issued:
- Information is disseminated through the global police communication system of Interpol.
- The card is published on the official website of the Organisation. However, some circulars cannot be seen in public access.
- The police, border service, and other law enforcement agencies of member states receive notifications about the international search for a person and their personal data.
Typically, a red circular contains enough information to identify a person in Interpol wanted list. Specifically, the card lists personal details: name and surname, photo, gender, age, nationality, and a description of appearance. Sometimes, the card even includes fingerprints. Legal information may also be provided. For example, the crime in which the wanted person is suspected or accused.
Red notices are published and, like the entire Interpol notification system, were established in 1946. Then, as now, the meaning of an Interpol red notice was to inform member states about individuals wanted for prosecution or to serve a sentence. The global aim of issuing Interpol red notices is the rapid exchange of information for the effective fight against crime.
Requirements for Issuing a Red Notice
The publication and processing of data in such circulars must comply with the criteria established in Interpol’s constitution on the Processing of Data (RPD). Their list is mentioned in Article 83 of the RPD:
- The crime in connection with which a person is being sought must be serious and of a general criminal nature. That is, in most member countries, the act must be specifically qualified as a crime.
- The maximum sentence must be no less than 2 years of imprisonment. Alternatively, the term of the unserved sentence in the form of incarceration must be no less than 6 months.
- A request for the issuance of a red notice must align with Interpol’s objectives. The meaning of a red notice in Interpol is to facilitate international police cooperation, not to serve as a tool for repression against individuals.
This standard includes criteria for the prosecution of crimes and rules for those persons for which publishing a red card is prohibited.
This refers to offenses related to private or family matters. It also includes actions that are considered a crime only in certain countries: marital infidelity, relationships between two persons, same-sex partners, and prostitution. Additionally, one person cannot be added to the Interpol red notice list if the offense pertains to administrative rules or legislation, a due process representing a private dispute, a similar legal action or process representing an action, or National Security Council central political issues.
From time to time, the General Secretariat of Interpol sends out to member states a list of specific actions that fall under the criteria of requesting country be “prohibited”.
Red Notice Approval Process
The issuance of a red notice is most commonly initiated by law enforcement worldwide in an Interpol member country. This is done by requesting the country submitting a request through the National Central Bureau (NCB), which is an internal body of the Security Council to the state that interacts with law enforcement worldwide through Interpol.
The process of issuing red alerts consists of 3 steps.
Step 1. The NCB prepares and submits a request for the publication of a wanted person’s criminal activities in an Interpol red notice to the General Secretariat of the Organization. The requested notices are published and must include information about the wanted individual being sought and the crime they are accused of. Attached to it are written suspicion, arrest warrant, court decision, etc.
Step 2. The General Secretariat receives the NCB’s request and assesses it for compliance with Interpol’s criteria and principles. In particular, the following aspects are taken into consideration:
Step 3. If the NCB’s request meets Interpol’s requirements, a red notice will be published. However, these notices might be in violation of Interpol’s rules since the organization relies on the information provided by the requesting state. In such cases, you need Interpol red notice legal advice from our international lawyers to help you with the removal process.
The Non-Binding Status of Red Notices
Although a red, black, or blue notice itself can facilitate detention and the possible imminent threat of arrest or extradition, these alerts are merely advisory. This means that member states are not obligated to arrest a person under a red, black notice, or blue notice themselves.
So, what is a red notice from Interpol?
Primarily, it’s a tool for exchanging information between law enforcement agencies of member countries. However, the likelihood of arrest and subsequent extradition depends on the national legislation and judicial practices of the member country and the law enforcement worldwide in the member country or specific state.
How Long Does an Interpol Red Notice last?
The standard validity period of such notifications is 5 years from the moment of publication. After this term expires, the card becomes obsolete and must be removed from the system. However, the state that initiated the publication of the red notice according to Interpol’s constitution can request an extension of this period.
If approved, the validity of the card will be extended. Therefore, the main piece of legal advice regarding an Interpol red notice is not to wait for the expiry date but to challenge and demand its removal.
Can a Red Notice Lead to Extradition?
Usually, Interpol red notices are published only with the purpose of further extradition requests. This publication request for what is an Interpol red notice was issued at the request of the state that initiated the international search.
But how does it all happen?
A person pending arrest and extradition is detained. The state that initiated the arrest and search receives information about the arrest of the individual and sends a request for the person pending extradition. This document and request are considered by a local court, which will serve a sentence and then make a decision regarding the person pending extradition and of the person or persons pending extradition.
Our team of INTERPOL lawyers defends the interests of clients in the country of detention and helps to avoid extradition.
How do I Find out if There is a Red Notice Against Me?
While you may understand what is a red notice from Interpol, it’s usually hard to know if you are on the Interpol redlist. Usually, people become aware of it during extreme instances such as an arrest warrant. In most cases, most of the information concerning prominent Red Notices remains confidential until they are executed, still, there are ways to make interpol red notice search:
- Check the INTERPOL website’s ‘wanted individuals’ section. This page includes some, but not all, Interpol alerts. If your name does show on this page, it will also offer a very general indication of what type of offense you are sought for. Even if your name is not on this list, you may still be subject to a Red flag because only some Notices are displayed on this website. The rest are only accessible through INTERPOL’s restricted networks, which are only accessible to national law enforcement authorities. Diffusions are never shown on INTERPOL’s website, thus you will not be included on this page if you are the victim of one.
- You can apply to access your file via the Commission for the Control of INTERPOL’s Files (CCF) Requests Chamber. It’s the most reliable option as it increases your chances to get the correct information as soon as possible. Do we need to remind you that Interpol cases, especially red notice removal should not be underestimated, investigated only by experienced lawyers? Interpol lawyers can help you on the way of investigation, find information about you on the lists and provide notice investigation defense.
Read more about How to know if you are wanted by Interpol
Commission for the Control of Interpol’s Files
The Commission for the Control of INTERPOL’s Files (hereinafter referred to as the Commission or CCF) is an independent body responsible for the rules on the processing of personal data.
It has 3 functions:
- Ensure the processing of information in accordance with Interpol rules.
- Advise the Organisation on all matters related to the use of personal data;
- To consider requests for access to information from Interpol’s databases, as well as for the amendment and deletion of such information.
Within the Commission, there operates a Chamber of Inquiries. It is the entity that Interpol lawyers turn to make requests to avoid the publication of an Interpol Red Corner Notice regarding a person or a client or to request to seek information to identify and remove the same person or subject of an already published and active international alert from the Interpol’s constitution and notices.
The TRAP Act and the Abuse of Red Notices
The Transnational Repression Accountability and Prevention (TRAP) Act is U.S. legislation designed to curb the misuse of INTERPOLS’ tools, particularly Red Notices, for repressive purposes. Enacted in response to growing concerns over authoritarian regimes exploiting INTERPOL mechanisms, the TRAP Act implements several measures to protect individuals from unjust persecution and ensure the integrity of INTERPOL’s processes.
Key Provisions of the TRAP Act
- Monitoring and Reporting Misuse: This involves documenting instances where Red Notices or Diffusions are used to target political opponents, activists, or other non-criminal entities.
- Diplomatic Measures: This can include raising concerns in bilateral discussions, collaborating with international partners to address the abuse, and leveraging diplomatic channels to advocate for reforms within INTERPOL.
- Protection of Victims: This involves ensuring that U.S. authorities critically evaluate Red Notices and Diffusions to prevent wrongful arrests based on politically motivated or otherwise illegitimate notices.
- Support for INTERPOL Reforms: This includes promoting procedural changes to ensure that Red Notices and Diffusions are issued based on credible evidence and legal standards.
- Annual Reporting: The TRAP Act requires the Department of Justice to submit an annual report to Congress on the extent of INTERPOL abuse. This report details specific cases of misuse and the steps taken by the U.S. to address these issues.
INTERPOL Red Notice lawyers
The practice of our international lawyers proves that red notices that are published, can and should be contested in similar legal action. However, for a successful outcome of similar legal action, your rights must be defended by an experienced solicitor.
For over 10 years, we have been cooperating with Interpol in the interests of our clients:
- preventive request. We’re taking proactive steps and reducing the risk of being placed on the Interpol Red Notice list. In our inquiry, we present compelling arguments and protect the client from international search.
- requests for access to information. We help to accurately find out whether a person is subject to a red card or diffusion. You understand in advance what to expect, and we receive all the data needed to prepare your defense strategy.
- request for data deletion. We are submitting a well-founded appeal for the removal of the red notice in accordance with all Interpol rules. We are using all available tools to protect your rights in the country that initiated the search and in the country of your residence.
To receive assistance from a solicitor, please book a convenient time for a consultation on this website.
Interpol Red Notice FAQ
Our Interpol lawyers specialize in addressing the complexities related to Red Notices, providing legal support from advising on your legal rights to challenging the notice’s validity. We are committed to protect your rights and ensure that any misuse of this powerful tool is effectively countered.