An Interpol notice is a warning issued by the organization to share information about crimes, criminals, and threats with various countries around the world.
An Interpol Red Notice is the most commonly used tool for international arrest. The names of individuals being sought are entered into watchlists – the NCIC or its international equivalent. When a person whose name is on the list comes to the attention of foreign law enforcement, the requesting country is notified. From there, either their provisional arrest can be requested from the foreign government (if there’s an urgent need), or a decision on extradition may be made.
In situations like these, human rights violations and restrictions on personal freedom often occur. To protect yourself from such situations when dealing with Interpol in the US, reach out to our team Red Notice attorneys. Our experts are knowledgeable about the specifics of working with this organization and can assist you.
What is Interpol and what is its mission?
The International Criminal Police Organization, or Interpol, is an independent, multilateral organization whose general assembly comprises 196 member countries. Its executive committee consists of thirteen elected members. As the largest international police organization in the world, Interpol facilitates cross-border police cooperation, even in instances where diplomatic relations between countries do not exist.
This international organization was established as an institution focused on criminal, rather than political issues (as stated in Article 3 of Interpol’s Constitution). It actively works with its member countries to address criminal and policing challenges related to terrorism. As part of these efforts, Interpol in the United States promotes the exchange of best practices and operational information about the organization and methods of active terrorist networks. Additionally, the institution is involved in:
- managing a number of global databases, including information on wanted persons (fingerprints, photographs, DNA profiles, etc.), as well as on stolen and lost travel documents (SLTD);
- coordinating the distribution of alerts and warnings about individuals who are suspected or wanted. These special notifications alert law enforcement authorities about the names of those who are sought after by a certain country for various reasons. The notifications serve as a request for each law enforcement agency to collaborate with Interpol by committing to act as directed in the notice concerning the relevant individual or entity.
- Assisting the UN Security Council in implementing sanction regimes, primarily the sanctions regime against Al-Qaeda and the Taliban, by disseminating relevant information among law enforcement agencies worldwide.
- providing assistance to member states, upon their request, in investigating the consequences of terrorist acts by deploying Incident Response Teams (IRTs) on-site;
- Assisting member countries in preparing, coordinating, and implementing security measures for major events through the deployment of the Major Event Support Team (IMEST).
Interpol also signed an agreement with the United Nations Department of Peace Operations (DPO) to assist in strengthening police forces.
Which countries are members of Interpol?
Interpol is made up of 196 member countries from around the world. These countries span several continents and include the majority of the world’s sovereign states. As of today, this includes:
- In Europe, there are 50 member countries of Interpol. Among these countries are major world powers like the United Kingdom, France, and Germany. Other European nations that are part of Interpol include, among others, Albania, Bulgaria, Greece, Hungary, Italy, and Poland.
- Asia is represented by 45 member countries, including nations like China, India, Japan, and South Korea. Other Asian countries that are part of Interpol include Afghanistan, Iran, Pakistan, and Saudi Arabia.
- In Africa, there are 54 member countries of Interpol. Among these countries are Algeria, Egypt, Kenya, Nigeria, South Africa, and Tanzania. Africa has the highest number of Interpol member countries of any continent.
- North and South America are comprised of 35 member countries, including the USA, Canada, Mexico, Brazil, and Argentina. Other countries include Colombia, Chile, Uruguay, and more.
- From Oceania, there are 10 Interpol member countries, including Australia and New Zealand. Fiji, Papua New Guinea, and Samoa are also members.
Membership in Interpol is open to any country that shares the organization’s values and wishes to collaborate with other member countries to promote international security.
The list of Interpol member countries can always change as new countries join the organization or leave it.
How does the U.S. immigration system handle a Red Notice?
Unlike many jurisdictions, U.S. law does not require immigration officers to automatically arrest any potential immigrant who falls under its scope. Red Notice in the US, instead, any actions must be initiated with an arrest warrant issued by the US prosecutor’s office, based on credible information and probable cause.
Although a Red Notice in the U.S. isn’t in itself a sufficient legal basis for arrest, law enforcement agencies, specifically Immigration and Customs Enforcement (ICE), use Red Notices to detain and deport foreign nationals. Accepting a Red Notice in the U.S. without verification can turn (and often does turn) ICE agents and immigration judges into agents of harsh injustice.
Worse still, if someone enters the U.S. on a valid visa that is then canceled based on the issuance of a Red Notice, the foreign state that misused the system essentially “manufactures” an immigration violation in the U.S. by simply requesting a Red Notice. Illegitimate Red Notices from Interpol have real consequences for individuals and their families in the U.S.
What is stated in Interpol’s constitution?
Article 83 of Interpol’s Data Processing Rules sets specific conditions for issuing red notices in the USA and around the world.
Red notices can only be issued if the relevant offense is considered a serious crime under common law. They cannot be issued for the following categories:
- Offenses that raise controversial issues in some countries regarding behavioral or cultural norms. For example, prostitution or offenses related to defamation of character;
- violations related to family/private matters. For example, adultery, bigamy/polygamy, or homosexual acts;
- Legal violations that arise from breaking laws or administrative regulations, or that stem from private disputes, except in cases where the criminal activity is aimed at aiding in the commission of a serious crime or is suspected to be linked with organized crime. For example, traffic violations, defamation, or issuing bad checks (unless there was fraudulent or malicious intent at the time the check was issued).
The General Secretariat maintains a list of specific offenses that fall under the above-mentioned categories.
Grounds for Appealing an Interpol Red Notice
In the US, Interpol will review requests for red notices and must only approve them if the request complies with Interpol’s own rules and principles.
However, the US police’s Interpol often lacks the resources, so the review of requests isn’t always as thorough as the regulations require. In the past, this has led to abuses of the red notice system in the US and other countries that wanted to issue red notices against political opponents to suppress political dissent. Red notices by Interpol in the US are increasingly being used as a tool to exert influence in commercial litigation. This “non-traditional” use of the system means that red notices can be challenged.
The grounds for contesting are found in Interpol’s own rules in the USA, which are outlined in its Rules on the Processing of Data (RPD) and its constitution. Among other things, these rules prohibit Interpol from issuing a red notice if the alleged crime:
- Raises controversial issues in some countries related to cultural norms. These can include things like prostitution or so-called “honor” crimes.
- Pertains to personal or family matters, such as marital infidelity or bigamy.
For more specific guidance, there’s a list of specific offenses. If it’s among those listed, the red notice may be invalid.
Another reason to challenge a Red Notice is if the case against the accused lacks substance, credibility, or evidence. Interpol in the US must always uphold human rights. If there’s a risk that the individual could face poor prison conditions, the possibility of torture, or lack of access to a fair trial, then the notice can be contested.
The Process of Contesting a Red Notice in the U.S.
To contest a red notice, you will have to go through the following steps:
- Submit a request: Please submit a detailed request for removal to the CCF, explaining why the notice does not comply with Interpol’s rules. Make sure you include all necessary and specific information about your case to strengthen your request.
- Legal Arguments: Craft clear legal arguments demonstrating that the notice does not comply with Interpol’s rules. Specifically, point out the articles of Interpol’s Constitution and/or the Data Processing Rules (DPR) that the notice violates. You can also refer to the case law of the Commission for the Control of Interpol’s Files (CCF), using similar cases reviewed by the CCF, to establish a precedent for your case. The best way to do this correctly is to seek assistance from international lawyers.
- Strengthen your position with documents upon your request. These could be copies of court decisions in your favor, expert opinions supporting your arguments, etc.
To handle a case involving Interpol police in the USA, you need specialized legal knowledge. Getting help from competent lawyers can increase your chances of a favorable outcome.
What is extradition?
International extradition is the legal process of transferring a person accused or convicted of a crime from one jurisdiction to another for prosecution or execution of a sentence. It remains a popular and powerful tool in international cooperation in the fight against crime.
The extradition process is regulated by national legislation and international treaties. Let’s take a closer look at the extradition process in the United States, and countries with which the United States does not have extradition treaties.
Extradition process in the USA
Extradition in the United States is governed by federal law, including the Extradition Act, 18 U.S.C. § 3181 et seq. Extradition proceedings may be conducted based on existing international treaties or in the absence of such treaties. If there is a mutual agreement between the US and the foreign country,
The process begins with a formal request from the requesting state, transmitted through diplomatic channels to the U.S. Department of State. After a preliminary review of the extradition request for compliance with treaty and statutory requirements, the case is transferred to the federal court. A judge evaluates the evidence presented, checks whether the offense meets the criteria for double jeopardy, and determines whether there is probable cause for extradition.
If the court rules in favor of the foreign extradition request, the case is returned to the Office of International Affairs, which makes a final decision, accounting for political and diplomatic factors. The U.S. Constitution and related laws provide protections for the rights of individuals subject to foreign extradition requests, including the right to a trial and the opportunity to appeal the decision.
Which countries do not have extradition treaties with the United States?
Despite the nature of international cooperation in the field of extradition, there are countries that do not extradite to the United States. The reason for this is the lack of an applicable extradition treaty, which complicates or makes impossible the procedure for extraditing persons accused of a crime. Let’s look at the list of countries with which there is no extradition to the United States:
- Republic of China;
- Russian Federation;
- Saudi Arabia;
- Indonesia;
- Vietnam;
- Nepal;
- Mongolia;
- Mali;
- Bhutan;
- Namibia.
Reasons for the lack of extradition treaties between the United States and some foreign countries may include:
- Political differences: differences in political systems, ideologies, or ongoing diplomatic tensions prevent treaties from being concluded. Examples include the difficult relations between the United States and countries such as the People’s Republic of China and the Russian Federation;
- Legal differences: incompatibility of legal systems, especially on human rights, capital punishment, or political crimes. Some countries refuse to extradite individuals to the United States for fear of possible death penalty or ill-treatment;
- Sovereignty and national interests: states prefer to prosecute defendants themselves in order to control the trial and application of penalties under their own laws, thereby protecting their sovereignty;
- Lack of reciprocity: if a country believes that the United States will not cooperate reciprocally on extradition matters, it may refuse to enter into a treaty.
The absence of a treaty does not completely exclude the possibility of extradition. Some foreign countries grant extradition without an applicable treaty, but that makes it much more complicated and dependent on political and diplomatic relations between states.
Which countries have extradition treaties with the United States?
The United States has extradition treaties with many foreign authorities around the world, which facilitates the process of transferring accused persons and contributes to the effective fight against international crime. The existence of such a treaty establishes a clear legal framework and procedures, which ensures the protection of the rights of all parties.
Some of the countries with which the United States has current extradition treaties:
- Canada;
- Mexico;
- United Kingdom;
- Germany;
- France;
- Australia;
- Japan;
- South Korea;
- Brazil;
- South Africa.
These treaties typically include provisions for mutual assistance in criminal matters, define the list of extraditable crimes, and establish procedures for requesting and surrendering persons.
Extradition between the US and Venezuela
The United States and Venezuela have a complex political situation that affects extradition processes. Although the extradition treaty was formally signed in 1922, current diplomatic relations make it difficult to implement. In recent years, Venezuela has refused to extradite individuals wanted by the United States, citing political motives and human rights concerns.
Extradition between the US and Costa Rica
The United States and Costa Rica have a long-standing treaty relationship in the area of extradition. An extradition treaty between the two countries has been signed and ratified, which facilitates effective cooperation in the fight against crime. Both countries actively exchange information and provide mutual legal assistance, while respecting international standards and national legislation.
Extradition between the US and Canada
Extradition relations between the United States and Canada are among the most developed and effective in the world. The extradition treaty between the two countries was updated in 1971 and includes additional protocols to enhance cooperation.
The extradition laws are carefully regulated, and both countries adhere to the principles of the rule of law and the protection of human rights. Cases of refusal of formal extradition requests are rare and are usually related to political motives or concerns about the possible use of the death penalty in the United States.
The Importance of Legal Assistance in Removing an Interpol Notice
Dealing with an Interpol red notice issue in the US is a complex challenge. To address this matter, it’s essential to understand international legal systems and Interpol’s own rules. That’s precisely why working with professional lawyers will play a critical role in challenging and potentially removing a red notice.
How can our Interpol lawyers help you?
At Interpol Red Notice, we know and understand the rules of Interpol in the USA, as well as the case law of the Commission, which allows us to create reliable defense strategies. Our years of experience in this field enable us to effectively represent our clients’ interests in challenging red notices.
Expert Analysis of Interpol Rules in the USA
Interpol operates under specific rules and principles, some of which are deeply rooted in international law and cooperation treaties. Lawyers specializing in Interpol Red Notices are well-versed in these regulations, particularly the nuances related to Interpol’s red notices in the USA. They navigate the red notice system with ease, ensuring robust protection of their client’s rights and interests.
Protecting Client Rights
As we know, one of the fundamental human rights is the right to a fair trial and legal protection. Lawyers ensure that your rights and freedoms are not infringed upon. They defend the client’s right to access information, challenge presumed biases, and demand justice.
Development and Implementation of Strategy
Lawyers specializing in Interpol Red Notices in the U.S. can develop strategies to address specific cases. This could involve using data protection laws, arguing against jurisdictional overreach, or defending violated human rights.
The nature of the process and the potential consequences highlight the importance of professional legal representation. It’s not just about understanding the law, but also about using it to ensure justice and protect individual rights on an international level.