An Interpol Red Notice is a crucial tool for international cooperation among law enforcement agencies, allowing countries to quickly share information about wanted persons.
In the United Kingdom, just like in other countries, red notices serve as a signal that a certain individual is wanted for committing a crime. This notice isn’t an arrest warrant, but it significantly simplifies the process of detaining suspects and their extradition to the country where they are accused of criminal activities. In the context of globalization and the rise of transnational crime, red notices have become an important tool in combating the criminal world, ensuring more effective cooperation between law enforcement agencies across different countries.
What is an Interpol Red Notice?
A Red Notice is an announcement for an international search, which takes the form of a file, meaning it involves the processing of personal data within an information system managed by Interpol, an organization that includes 196 countries, including the United Kingdom. On its website, the organization states that “a Red Notice is not an international arrest warrant” and that “member countries have the right to decide whether or not to arrest the person.”
Features of the Red Notice and Extradition in the United Kingdom
Extradition is a formal process where one country asks another to return a person to face trial or serve a sentence. In line with multilateral conventions and bilateral extradition treaties, the UK maintains extradition relationships with over 100 territories worldwide.
Even if the UK doesn’t have an extradition agreement or treaty with a certain territory, that territory can still submit an extradition request to the UK. Incoming requests are directed to the UKCA. Then, the Secretary of State decides whether to enter into “special extradition arrangements.”
Interpol operations in the United Kingdom are conducted through the National Central Bureau (NCB) in London. This bureau combines the resources and intelligence of Interpol’s global network with the efforts of the UK’s domestic law enforcement agencies.
Interpol’s operations in London and the UK as a whole are governed by a complex legal framework that intertwines international agreements, UK legislation, as well as Interpol’s own Constitution and rules.
How can I find out if Interpol has issued a red notice for me?
Interpol Red Notices are issued either on the organization’s own initiative or based on requests from National Central Bureaus (NCBs) of member countries or authorized international organizations, such as the UN and the International Criminal Court.
If you’re worried that an Interpol Red Notice might be issued against you, it’s strongly recommended to take steps to verify if this is the case with the relevant authorities. There are three main ways to do this, including:
- Visiting the official Interpol website. The institute has a publicly accessible list of wanted individuals in the UK by Interpol on its website, where you can identify public red notices issued by Interpol based on specified criteria, including: name(s), gender, nationality, requesting country, and keyword. However, keep in mind that this list of wanted individuals in the UK by Interpol is far from exhaustive and only contains 10% of the 60,000 active red notices, with the rest available only through restricted databases of wanted individuals in the UK by Interpol, accessible exclusively to national law enforcement agencies. Additionally, as mentioned before, the dissemination of information is an intergovernmental request and is not published.
- Requesting information from internal police forces. You can find out if there’s an Interpol Red Notice against you by reaching out to your local police department. This can be done informally, like making a phone call, or through a formal request, relying on data protection laws or information request mechanisms that preserve your right to access data about yourself. You can also submit a written request for information through EuroJust, the European Union’s Agency for Criminal Justice Cooperation, and the Schengen Information System II Supervision Coordination Group, which is a database shared by Schengen Agreement countries. The UK has access to these database systems, so requests regarding identification of data stored in the EU and Schengen area can be made. Keep in mind that if the police have information about a Red Notice against you, it might be wise to avoid making your request in person at a police station without a lawyer who is familiar with your case. Instead, try doing it over the phone or, even safer, through a legal representative. If the police confirm that there is a warrant, your legal representative can contact the police to ensure a swift and peaceful resolution of the matter without the need for an unexpected arrest.
- Submitting a request for data access to the Interpol File Control Commission. The most reliable step you can take for your investigation is to reach out to the CCF, the body tasked with ensuring Interpol’s data processing complies with its own rules. At this stage, it’s recommended to seek a lawyer’s assistance, who will help you meet all the criteria. To be valid, requests must meet various criteria, including: being correctly addressed; permissible; including proper content; and adhering to procedural deadlines.
How can you get a red notification removed?
If you’ve been targeted with a red notice, be prepared for a challenging process to contest it. In such instances, the best course of action is to seek help from professional lawyers who can assist you. That’s why the first step in addressing an Interpol red notice issue in London will be:
- Seeking Legal Advice. If you’ve received a red notice from Interpol in London, it’s crucial to consult with a lawyer. This is because these notices can have serious implications for your freedom, travel, and employment status.
A Red Notice (RN) is a request from a member country for the location and arrest of a wanted person for extradition to the country where criminal charges have been filed. It typically includes identifying information, legal details, specifics of the crime, as well as photographs of the person being sought.
However, many red notices are misused. This can include cases like the arrest of a Lithuanian refugee sent back to Russia for stealing a street artist’s drawing, or attacks on Uighur activists in China.
Interpol adheres to a policy that prevents it from issuing red notices that violate its stance on neutrality, as outlined in Article 3 of the organization’s constitution. However, it reserves the right to deny a red notice against an individual if it believes the request is politically or religiously motivated.
- Reach out to the Interpol Commission for the Control of Files (CCF). If your name appears on a “red notice,” you should contact the Interpol Commission for the Control of Files (CCF) to request they review whether it’s a legal matter and to provide you access to your file. This process will help ensure your rights are protected.
The CCF is an independent body that ensures data processing within Interpol adheres to its own rules. It consists of two chambers: the Advisory Chamber and the Requests Chamber, both staffed with lawyers.
The CCF may decide to remove your information, add a “disclaimer” to it, or make other changes to your file. They also have the right to consult with other international organizations or seek legal advice before making a decision on your case.
- Contact the police. If you’re a foreign national and have received a red notice from Interpol in London, it’s crucial to immediately get in touch with the police. This is because the pursuing red notice can affect you at various stages of your immigration process. For instance, you could be arrested at the border and detained for a long period, or you might be denied discretionary benefits such as asylum. You could also be denied bail or have your immigration status altered. In the country where the red notice was issued, you could also face criminal charges, which would further impact your immigration status.
If you’re a refugee and Interpol can confirm your status, they’ll remove any red notices or diffusion concerning you from their files. However, you’ll need to submit a clear statement in accordance with Article 3 of the Interpol Constitution.
- Reach out to a human rights organization/firm. Human rights organizations work to ensure the respect of all human rights, especially those guaranteed by international law. They do this through research, advocacy, education, and training.
They also work with individuals who have become victims of human rights violations. They strive to ensure that governments and their officials act in accordance with human rights standards.
It’s important to get in touch with a human rights organization as soon as you receive a red notice from Interpol, since they can provide information that might help convince Interpol to remove your information.
It’s especially important to reach out to a human rights organization if you believe that the case against you is politically motivated and not based on any legitimate criminal investigation. It’s also crucial to provide any evidence of how the red notice has impacted your rights, such as letters from governments stating that you will be denied entry into their country, or reports from international organizations on how, as a person, your situation would be resolved if they were sent to the country that issued the red notice.
What is extradition?
Extradition is the legal process of transferring a person convicted of a criminal offence from one jurisdiction to another for prosecution or execution of a sentence. The main function of extradition is to combat international organised crime and terrorism. Let’s look at how the extradition process works, the countries with which the UK has an extradition treaty and those with which it does not.
Extradition process in the UK
Extradition in the UK has a complex and well-developed system, governed by the Extradition Act 2003. This Act sets out the legal framework for extradition with both EU member states and other countries around the world. The extradition process in the UK involves several key stages:
- Receipt of a request: a foreign country makes a formal request for the extradition of a person accused or convicted of a crime;
- Arrest and trial: Once a request is received, UK law enforcement can detain the person requested. The case is referred to a magistrates’ court, where the grounds for extradition are considered;
- Assessing the grounds for extradition: the court assesses whether the request meets the requirements for dual criminality, meaning the act must be a crime in both countries. It also takes into account the individual’s human rights and the risk of their violation if extradited;
- Appeals: If extradition is granted, the person requested has the right to appeal to the High Court and, if necessary, the Supreme Court;
- Final decision: Once all legal procedures have been completed and the decision to extradite has been confirmed, the Home Secretary signs the extradition order.
Extradition in the UK strictly adheres to its international human rights obligations, including the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. For example, under Article 3 of the Convention, extradition cannot be carried out if there is a real risk of torture or inhuman or degrading treatment.
Which countries do not have an extradition treaty with the UK?
The absence of a bilateral extradition treaty between countries can complicate the process of handing over accused persons. However, even in such cases, extradition can be carried out on the basis of multilateral treaties or the principle of reciprocity. Some extradition countries in the UK are not on the list of states with which formal agreements have been concluded, which can complicate cooperation in this area, for example:
- Republic of China (excluding Hong Kong and Macau)
- North Korea
- Maldives
- Mongolia
- Namibia
- Nepal
Countries with an extradition treaty with the UK
The UK has an extensive network of extradition treaties with many countries around the world. These treaties provide a legal basis for cooperation in criminal justice, setting out clear procedures and conditions for the transfer of accused persons. The existence of such agreements demonstrates mutual trust between countries and their willingness to work together to combat crime.
Countries that have concluded an extradition treaty with the UK usually agree on the following provisions in the treaties:
- Double criminality: the crime for which extradition is sought must be punishable in both countries;
- Minimum severity of the crime: a minimum sentence is often set, such as at least one year in prison;
- Exceptions: Political crimes, war crimes, and cases where the person may be persecuted for reasons of race, religion, or political opinion are usually excluded from extradition.
Extradition between the UK and Dubai
The United Arab Emirates (UAE), of which Dubai is a part, has a bilateral extradition treaty with the UK, signed in 2008 and entered into force in 2013. This treaty sets out the legal framework and procedures for extradition between the two countries, facilitating more effective cooperation in the fight against crime.
Features of the process:
- Formal procedures: the extradition request must comply with treaty and national law;
- Human rights risk assessment: UK courts take into account the possibility of a violation of the requested person’s rights in the event of extradition, in accordance with the European Convention on Human Rights;
- Double criminality: the offence must be punishable in both countries.
Extradition between the UK and Thailand
Extradition in the UK and Thailand is based on an extradition treaty signed in 1911 and ratified by both countries. This treaty sets out the procedures and conditions for the transfer of accused persons. The extradition process involves a formal request, the detention of the person and a trial.
Features of the process:
- Human Rights: UK courts carefully assess whether a person’s fundamental rights are being violated, including the risk of the death penalty or ill-treatment. Under Article 3 of the European Convention on Human Rights, extradition may be refused if there is such a risk;
- Fair Trial Guarantees: Thailand’s judicial system is reviewed to ensure that it provides a fair trial.
Extradition between the UK and Cyprus
The UK and Cyprus have long-standing historical ties and are parties to the European Convention on Extradition of 1957. This ensures uniformity of procedures and high standards of human rights protection.
Key stages:
- Direct cooperation: the judicial authorities of both countries can directly interact within the established legal framework;
- Respect for human rights: both states are bound by the European Convention on Human Rights, which provides additional protection for requested persons;
- Accelerated procedures: the existence of common legal standards allows for a reduction in the time required to process extradition requests.
Extradition in the UK and Cyprus is carried out in accordance with national laws and international obligations. The courts of both countries are obliged to ensure a fair trial and respect for human rights as provided for in international treaties.
The Role and Jurisdiction of Interpol in London
Interpol’s red notices are a crucial component of international law enforcement activities. Serving as a global alert system, these notices are integral to tracking and apprehending individuals crossing international borders. However, their impact extends beyond law enforcement agencies, affecting legal proceedings and individual rights within jurisdictions.
Interpol, as an institution, doesn’t have investigative or prosecutorial powers; it merely assists police forces from different countries in collaborating on transnational cases. The execution of extradition requests and legal actions related to criminal cases fall under the jurisdiction of the respective national police or law enforcement agencies in London.
Not sure how to proceed with Interpol in London? Contact us for a consultation.
How Can Our Interpol Lawyers Help You?
Lawyers specializing in Interpol Red Notices can provide significant assistance in addressing various legal issues. Here are a few key areas where we can help you:
- Legal Consultation: Lawyers specializing in Interpol Red Notices can provide explanations about what an Interpol Red Notice is, the rights and obligations of individuals who are subject to it, and how it might affect their situation. Additionally, our experts can determine if there is a Red Notice issued against you in Interpol’s database.
- Contesting a Notice: If you believe that the red notice was issued without merit, our lawyers can assist in preparing and filing an appeal against the notice with Interpol.
- Court representation: If needed, our attorneys can represent a client’s interests in court, helping to ensure the protection of rights and legal interests during the extradition process.
- Extradition Consulting: Lawyers can provide information on extradition procedures, help understand the requirements, and ensure compliance with all legal standards.
- Coordination with international bodies: Lawyers may have experience working with international law enforcement agencies and can act as a liaison between the client and Interpol.
- Assistance in gathering evidence: An Interpol Red Notice can help in collecting the necessary documents and evidence to support your position, which can be crucial for protecting your rights.
Having an experienced attorney can significantly increase your chances of favorably resolving a situation involving an Interpol Red Notice and minimize legal risks for you. Reach out for assistance with an Interpol Red Notice now, so you can travel and work without fear of restrictions related to the Red Notice