Interpol is the largest international police organization in the world, serving as a unique guarantor of global security and law and order. Its key objective is to facilitate cooperation among member states to collectively combat transnational crime.
Getting an Interpol Red Notice removed is a complex and labor-intensive process that requires a massive attention to detail and dealing with numerous international legal frameworks. The potential negative consequences for someone who has been issued a Red Notice include asset seizure and even restrictions on freedom of movement. Therefore, it’s crucial not to overlook your own safety; seek assistance from an Interpol attorney specialized in removing Red Notices right away. An experienced professional guarantees precise navigation and a comprehensive understanding of all the legal nuances.
What are Interpol’s Red Notices?
An Interpol Red Notice, or simply a “Red Notice,” is a global alert to seek a person. Such a notice can be issued at the request of a country where the individual is wanted for prosecution. A person with a Red Notice can be arrested in any country that is a member of the International Criminal Police Organization (Interpol). Following that, they can be extradited upon the request of the country that sought the notice.
These electronic alerts are sent by Interpol upon request from the NCBs (National Central Bureaus of Interpol). They are stored in Interpol’s single database. The Red Notices can be accessed by police and immigration authorities of all member countries of the international organization.
The main purpose of issuing Red Notices is to determine the whereabouts of wanted individuals so that they can be subsequently detained, arrested, have their movement restricted, extradited, or subjected to other legal actions.
However, it’s a mistake to equate an Interpol Red Notice with an international arrest warrant. Interpol is an international criminal police organization, so it doesn’t have the authority to arrest or detain individuals.
The key mission of Interpol is to coordinate a global network of police forces. Each member country has its own National Central Bureau of Interpol, which is managed by national police officials.
So, a Red Notice from Interpol isn’t an arrest warrant, but rather a request from a member country to locate and potentially extradite an individual wanted for criminal proceedings. This notification system is voluntary, and no member country is obligated to arrest the person after receiving a Red Notice.
What is the function of a Red Notice?
A Red Notice can only be issued after a member country provides detailed information about the suspect, including personal data and a comprehensive justification of the crime’s nature. The General Secretariat of Interpol checks the provided information for compliance with standards and regulations according to the Statute. Once a Red Notice is approved, all 194 member countries of Interpol are alerted.
A Red Notice is a crucial tool in international law enforcement, serving a wide range of functions in the global fight against crime:
- International search for criminals. A Red Notice is an official request to locate a person who is suspected or accused of committing a crime. The Red Notice coordinates efforts among member countries to apprehend individuals who are wanted.
- Threat Warning. Thanks to the global alert system, law enforcement can take preventative actions to prevent further crimes.
- Facilitating extradition. From a legal standpoint, an Interpol Red Notice is not mandatory to comply with. However, it is often used as a basis for temporary arrest pending the receipt of an official extradition request.
- Maintaining law and order. A Red Notice is an important tool for combating transnational crime, terrorism, cybercrime, and other global offenses.
However, even with such a serious legal foundation, a Red Notice is not a verdict or an automatic arrest warrant. Qualified lawyers provide services to remove a Red Notice on certain legal grounds.
How can you find out if someone is wanted by Interpol?
Can you check for yourself if there’s a Red Notice for someone in the Interpol database? Yes, there are several ways to do this.
The first and simplest option is to make a request on the official Interpol website. To do this, you need to fill out a special form and provide the necessary information. However, if after making the request you don’t find your name there, it doesn’t guarantee that there isn’t a Red Notice issued against you. Ordinary users only have access to limited information from Interpol’s database, so not all warnings may be listed there. That’s why it’s extremely important to reach out to a legal firm that specializes in removing Interpol’s Red Notices, rather than ignoring this matter.
Another possible approach is to reach out to the law enforcement agencies in your country of residence. However, even if you manage to get a response to your inquiry, the information provided will be unofficial. There is no legislative procedure in place for law enforcement agencies to respond to citizens’ inquiries. Moreover, not all police departments have access to the complete Interpol database.
The third and most effective option is to make a request to the Interpol Files Control Commission (CCF). This is the only way you can obtain the most comprehensive and reliable information. To receive a positive response, your letter must meet the following requirements:
- Original signature on the letter;
- The letter must be written in English, French, Spanish, or Arabic.
- The letter needs to be accompanied by copies of official documents for personal identification.
- Filling out the application form on the official Interpol website is mandatory.
If your submission doesn’t meet the specified requirements, it can be deemed “inadmissible” for formal reasons. Typically, processing requests can take up to 4 months. Therefore, we recommend using the services of a legal firm specializing in the removal of red flags right away. Qualified professionals will provide accurate information about any red flags present and ensure high-quality legal assistance.
Filing a request with the CCF
If you believe that the Red Notice was issued improperly, or if you want to challenge the decision, you should submit a request to the Commission for the Control of INTERPOL’s Files (CCF).
The CCF is an independent body within Interpol, whose primary mission is to oversee the processing of personal data. It acts as a sort of arbitrator, ensuring that the rights of individuals whose information is held by Interpol are respected. The CCF has the authority to decide whether to retain, amend, or delete a Red Notice.
You can submit a request to the CCF for the following reasons:
- The Red Notice was issued in violation of the person’s rights.
- The data on which the Red Notice was issued is inaccurate or outdated.
- The suspicion is that the Red Notice was issued for political, racial, religious, or ethnic reasons.
To submit a request to the Commission for the Control of INTERPOL’s Files, please follow the steps below:
- Gathering the necessary documents that support your request (court decisions, records, and other evidence proving innocence or confirming rights violations);
- Drafting a request in Interpol’s official language with clearly stated grounds for contesting the Red Notice;
- Submitting a request through the official Interpol website or by mail.
Reviewing the request can take several months, depending on the complexity of the case. The commission may ask for additional information or documents. If the response is negative, you can submit another request with additional evidence.
The process of submitting a request to the CCF requires careful preparation and a comprehensive approach. Legal support at this stage is extremely important. An Interpol lawyer specializing in the removal of Red Notices can help properly prepare the documents, formulate the request, and ensure the highest chances of a successful outcome.
Confidentiality and data protection
A Red Notice contains a significant amount of personal data: full name, date of birth, nationality, photographs, fingerprints, as well as information about potential crimes and national arrest warrants. This information is collected and processed with the aim of facilitating international searches and the extradition of suspects.
Interpol adheres to strict standards regarding the preservation of confidentiality and data protection. This issue is governed by Interpol’s constitution and international data protection laws. However, there are potential privacy risks associated with the processing of personal data within the framework of Red Notices.
- Data abuse: Information collected by Interpol can be used by states to persecute individuals for political, ethnic, or religious reasons, which goes against the principles of human rights.
- Data Breach: Cyberattacks Could Lead to Unauthorized Use of Personal Information
- Data inaccuracy: Incorrect data entry or improper updating of information can result in innocent individuals being mistakenly added to wanted lists.
The Commission for the Control of INTERPOL’s Files (CCF) plays a key role in ensuring proper data protection. It is responsible for verifying the legality of collecting, storing, and using personal data, as well as for reviewing requests to correct or delete inaccurate or outdated information.
If you believe that your rights and privacy have been violated, our law firm specializing in the removal of Interpol Red Notices can help protect your rights. Reach out to us for professional consultation and legal support.
Legal Basis for Contesting an Interpol Red Notice
The main legal documents that the challenge to a Red Notice is based on include the Interpol Constitution, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights. It’s important that all actions in the challenge process adhere to the standards of fair trial and international human rights norms.
First and foremost, it’s important to note that Interpol’s activities are regulated by the RPD and the Constitution. It is on the basis of these legal documents that we want to highlight the 4 most common methods for challenging and removing an Interpol Red Notice.
The first method is to question the legality of the Red Notice. The offense must be a “serious crime under common law,” according to Article 83(1) RPD. Red Notices should not be applied for the following reasons:
- Violation of behavioral or cultural norms;
- Family or personal problems;
- Violating laws due to private disputes;
- Administrative or private conflicts.
Another important detail: in the RPD, a Red Notice can be issued for actions punishable by imprisonment for a term of not less than 2 years. If it’s about an overdue sentence, the punishment must be at least 6 months of imprisonment.
The second option is to challenge the validity of an Interpol Red Notice. According to Article 83(2)(b) of the Criminal Procedure Code, a Red Notice can only be published after providing complete judicial information, a clear description of the criminal activity, the legislative norms covering the crime, the maximum possible punishment, and a reference to an existing arrest warrant or court decision.
Requests for Red Notices are coming in at a high frequency. Therefore, it’s possible that this organization doesn’t always conduct thorough investigations at all the specified levels due to a simple lack of time. If you can prove that the threshold values were not met, there’s a real chance of getting the Red Notice removed.
The third option is to challenge the legitimacy of the Red Notice. It’s possible that the notice doesn’t comply with the Universal Declaration of Human Rights (UDHR). If this can be proven, the request from the member state will be denied. One possible reason, for example, could be that the country cannot guarantee a fair trial in accordance with Articles 6 and 10 of the European Convention on Human Rights.
The fourth method is compliance with Interpol’s Constitution. According to Article 3 of the Constitution, Interpol cannot engage in any intervention or activities of a political, military, religious, or racial nature. This presents another real opportunity for successfully challenging and removing a Red Notice.
Successfully challenging an Interpol Red Notice requires skilled legal support. Our lawyers specializing in the removal of Interpol Red Notices will help gather the necessary evidence, develop a defense strategy, and represent the individual’s interests before the Interpol Files Control Commission. Professional assistance significantly increases the chances of successfully removing a Red Notice.
How can our Interpol lawyers help you?
Our team of experienced lawyers is well-versed in the key provisions of Interpol and the procedures of the CCF Commission. Therefore, we guarantee the preparation of reasoned and detailed petitions to challenge wrongful Red Notices issued by Interpol member countries.
Our main specialty is Red Notices related to financial disputes and situations with a political background. Our experts also represent the interests of human rights defenders and seekers of political asylum who have unjustly received a Red Notice from their country of residence. Additionally, our company provides consultations for local lawyers on gathering the necessary information and the process of removing a Red Notice. Our law firm has extensive experience in handling emergency situations that have led to the arrest or extradition of clients.
The firm has experience in handling emergency situations for clients who have recently been arrested or are facing extradition. Our lawyers will quickly assess the situation and develop a strategy to challenge Interpol’s decision. Our extensive network of partners and international legal experts gives us access to resources to ensure the best outcome for our clients.
Reach out to our company today, take the first step towards efficient and swift removal of an Interpol Red Notice!