Once a Red Notice has been issued, this can have considerable consequences for the person concerned. Such a measure considerably restricts the freedom of the accused. There is a risk that Interpol may not recognise the abuse strategy deliberately applied by the requesting state (by distorting the facts to the detriment of the accused) and that the debtor will be charged with offences that lead to the issuance of a Red Notice. This is particularly common in the UAE, where Red Notices have been issued based on credit debts.
Do you fear that a Red Notice could be issued against you by the United Arab Emirates – for example, due to possible existing credit debts?
In such a case, having experienced specialists at your side is essential. The German law firm Schlun & Elseven has experienced extradition & Interpol lawyers who support you in this exceptional situation. Our lawyers are specialised in averting the publication of Red Notices or counteracting their dissemination in a preventive manner. Our team of experts has years of experience in dealing with Interpol and representing clients in extradition proceedings.
Interpol Red Notices
A Red Notice is a worldwide request to locate the whereabouts of a wanted person and to arrest that person temporarily. The Red Notice is issued by Interpol at the request of a member state and is based on a valid national arrest warrant. The Red Notice itself is, therefore, not an international arrest warrant.
The problem is that it is not easy to determine whether you are affected by an Interpol Red Notice. If an Interpol Red Notice has been issued against a person, this does not necessarily mean that it will also be published. This means that the persons concerned may find out about the Red Notice completely unexpectedly, e.g., if you are arrested at the airport.
If you are concerned that a Red Notice may have been issued against you, please do not hesitate to contact us! Our lawyers immediately submit a request for information to Interpol and advise you on further legal steps.
Interpol in the United Arab Emirates
The United Arab Emirates has a special relationship with Interpol. Ahmed Naiser Al-Raisi, the Inspector General of the Ministry of Interior of the United Arab Emirates, has been President of Interpol since November 2021. Naiser Al-Raisi is the subject of various cases in more than five countries, including allegations of torture and other human rights violations. It is also worth mentioning that Interpol generates most of its donations through the UAE. Interpol is financed by the contributions of its member states. Interpol also obtains additional income through fundraising appeals. The UAE’s considerably high contributions are striking. In recent years, the UAE has donated at least $50 million, the same as the total amount donated by all other member states.
Red Notices due to Credit Debts in the United Arab Emirates
It is striking that the United Arab Emirates repeatedly use Red Notices to collect credit debts from banks. However, they use abusive strategies to make this possible at all. In principle, Red Notices may only be used for serious criminal offences. If, for example, the person concerned is in debt to a credit institution, this does not constitute a criminal offence, and the credit institution could only reclaim the debt under civil law. If, however, the facts of the case are changed so that the affected person is accused of fraud in the arrest request, for example, this constitutes a criminal offence. A Red Notice is then issued based on this offence.
Legal protection options as a victim of Interpol abuse
How can I protect myself as an affected person from such abuse and how do I recognise it as such?
In principle, states that use abuse strategies in their favour do not have to expect serious consequences. It is not easy to prove that a state has changed the situation in its favour. Most of the time, states use abusive dissemination methods to escape scrutiny by Interpol. If this can be proven, the abuse usually remains without consequences, especially in the case of influential states. Another possible sanction would be the temporary exclusion of the member state in question from the data pool so that it cannot apply to Interpol for new alerts during the exclusion period. However, this consequence would only be temporary and is unlikely to lead to an absence of the use of abuse strategies.
Request for deletion of a Red Notice
However, the concerned person has the possibility to challenge an inadmissible Red Notice. They can object by filing a request with Interpol to delete the Red Notice.
The request must be submitted to the Commission for the Control of Interpol’s Files (CCF). There it will be examined whether the Notice violates the internal guidelines. According to Art. 3 of Interpol’s statutes and regulations, political, religious and racial motives are prohibited for a Notice. If a violation is found, this does not necessarily mean that the Notice will be removed from the databases. Instead, this is at the discretion of the respective member state and is particularly problematic in the case of corrupt states.
Interpol has been subject to the General Data Protection Regulation (GDPR) guidelines since 25 May 2018. According to Art. 17 (1) GDPR, submitting a request for the immediate deletion of a false entry is possible. If it is proven that the entry was made erroneously and even due to abuse strategies and that Interpol processed personal data without consent, this constitutes an offence against the GDPR. Such an offence can be punished with a fine of up to 20 million euros.
The German law firm Schlun & Elseven has extensive expertise in Interpol proceedings and supports you in the cancellation of an Interpol Red Notice. If a cancellation is not granted, our lawyers will contact the relevant local authorities and ensure that all relevant information is collected for the cancellation of the Red Notice.
Practice Group: German Extradition & Interpol Law
Practice Group:
Extradition & Interpol Law
Contact Schlun & Elseven Rechtsanwälte
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
