Interpol, short for the International Criminal Police Organization, is one of the largest and most significant global institutions dedicated to law enforcement cooperation. Established in 1923, it functions as a critical network for police forces in over 190 member countries, enabling them to collaborate across borders to combat international crime effectively. Interpol's mission is to assist law enforcement agencies worldwide in sharing data, intelligence, and resources to prevent and solve crimes that transcend national boundaries.
A Red Notice is a request for the arrest and temporary detention of a person pending extradition sought by law enforcement authorities of a particular country for extradition. A Red Notice allows law enforcement agencies of Interpol member countries to detain the individual for subsequent transfer to the country that initiated the request.
A Red Notice can be issued for individuals suspected or accused of committing serious ordinary law crimes. This may include crimes such as terrorism, murder, kidnapping, sexual offences, drug trafficking-related crimes, and acts of corruption. However, issuing a notice requires adherence to certain legal standards, including the existence of an active arrest warrant or a similar decision by a competent authority.
The primary function of an Interpol wanted list is to alert member states that an individual is sought for extradition or legal proceedings. As part of this process, it involves promptly informing all participating countries of the need to arrest and temporarily detain the individual if they are found within their territory. However, the extradition procedure depends on bilateral or multilateral agreements between states.
When a country’s law enforcement agency seeks international assistance to locate and detain an individual, it can submit a request for a Red Notice to the INTERPOL General Secretariat. According to interpol's rules once the application is evaluated and approved, the Red Notice is distributed within a restricted database that is accessible to law enforcement agencies in INTERPOL member countries.
A red notice, part of Interpol’s system of color-coded notices, grants law enforcement the power to provisionally detain an individual. However, the decision to arrest the suspect remains at the discretion of the respective participating country.
After the initial issuance of a red notice, the requesting country must follow up with a formal extradition request, which must adhere to the Organization's Charter, relevant bilateral treaties, and Interpol’s specific regulations. Extradition can only proceed after the judicial process validates the request, permitting the transfer of the wanted individual to the requesting nation.
Interpol’s framework is rooted in non-interference and the respect for national sovereignty. Compliance with a red notice is not mandatory and depends on the internal laws of the member countries.
To safeguard against potential abuse of red notices, Interpol has established the Commission for the Control of Interpol’s Files (CCF). This independent body handles complaints and issues related to notices. Any person who believes that a red notice has been wrongly issued or misused can file a formal complaint with the CCF.
The process of checking for an Interpol Red Notice against you can be complex and requires attention to detail. Interpol does not always publicly disclose information about the existence of notices, and individuals may be unaware of a notice until they face the consequences. However, there are several ways to verify whether Interpol notice has been issued against you.
The first step to check for a Red Notice is to visit the official Interpol website. On the Interpol site, under the "Public Red Notices" section, you can find information about individuals who are on Interpol's Red Notice list. However, it's important to understand that not all notices are made publicly available, as Interpol maintains confidentiality regarding certain cases.
Another key tool is applying to the Commission for the Control of INTERPOL's Files (CCF), an independent body responsible for protecting human rights and can assist with verifying the presence of a notice. The Commission considers requests for access to personal data and can provide information on whether an individual is listed in INTERPOL's database. The process of submitting a request requires strict adherence to procedures, and it is advisable to seek assistance from a qualified solicitor.
A Red Notices issued by Interpol can have significant repercussions for individuals, impacting various aspects of their personal and professional lives. One of the most immediate and severe consequences is the restriction on international travel. Border control authorities in most countries routinely check passenger information, and if an individual is flagged in the Interpol Red Notice database, they may be detained during entry or exit procedures. Confirmation of the notice can lead to the initiation of the extradition process.
Access to financial services is another area where the impact of Interpol notices is profound. Financial institutions and banks routinely screen clients against international databases. If a red notice is found, it can result in account freezes, asset seizures, and denial of banking services, including loans and credit facilities.
The presence of a Red Corner Notice also affects a person’s ability to obtain visas or residence permits. Authorities may refuse applications outright or revoke existing permissions. Even if an individual already resides in another country, their visa may not be renewed, leaving them vulnerable to deportation.
Furthermore, such notices can seriously damage an individual’s reputation. Employers, clients, and business partners often see such a notice as a major liability, leading to issues with employment, the termination of contracts, and exclusion from international projects or tenders.
Given these potential consequences, it is essential to seek experienced legal counsel to protect one's rights. Our firm specializes in Interpol Red Corner Notice cases and can help devise a robust legal strategy to mitigate these adverse effects and defend your interests effectively.
While a Red Notice is not an international arrest warrant, it serves as an alert that can be used to facilitate the temporary detention of an individual for the purpose of extradition. For extradition proceedings to commence, law enforcement agencies must submit a request to INTERPOL to either provisionally arrest an individual or issue a Red alert. If the person of interest is located within another country's borders or at a checkpoint, local authorities may detain them temporarily to investigate and verify the situation.
Following the initial detention, the requesting country must formally submit an extradition request, providing evidence to justify the arrest, prove the legitimacy of the charges, and confirm the presence of a valid national or international arrest warrant. The relevant authorities, such as a court or immigration judge in the country where the individual is held, will then review the extradition request to ensure it meets local and international legal requirements.
If the request is approved, the process to transfer the individual to the requesting country will proceed. However, if the extradition request is denied, the detained individual may be released.
If you believe that an Interpol red notice has been issued unlawfully or with irregularities, there is a procedure to challenge it. The process is quite complex and requires the involvement of professional solicitors familiar with international law and Interpol procedures.
Challenging an Interpol Red Notice begins with submitting an official request to the Commission for the Control of Interpol's Files (CCF). The applicant must provide substantial evidence that the notice was issued in violation of international law norms or the Interpol Constitution. For instance, if the notice was issued for political reasons or infringes on human rights, this could serve as grounds for its annulment.
Interpol solicitors can assist in gathering the necessary evidence, preparing arguments, and representing the client's interests before the Commission.
The duration of an Interpol red notice can vary depending on the specific case. The notice can remain active until the competent authorities of the requesting country decide to cancel it or until an agreement is reached regarding the extradition of the individual. Interpol periodically reviews all active notices to ensure their legality and relevance.
In recent years, there has been an increasing number of instances where red notices have been used for purposes unrelated to the administration of justice, raising significant concerns within the international community. For example, in 2021-2022, there were recorded instances where notices were utilised for the political persecution of opponents or to exert economic pressure on businessmen.
Reports from human rights organisations mention instances where red notices have been used to persecute individuals for personal, political, economic, or military reasons. In some countries, red notices have been employed to target journalists, political activists, or businesspeople, which directly contravenes Article 3 of Interpol's constitution that prohibits the use of the organisation for political purposes.
If you find yourself in a situation where an Interpol Red Notice has been issued against you, it's imperative to seek legal assistance immediately. Competent interpol Red Notice lawyers can conduct a review, challenge the notice, protect your rights and make preventive request to Interpol. International cases require a high level of knowledge of the laws of various countries and international treaties, so it's crucial to entrust your defence only to professionals.