Interpol Red Notices Prevention and Deletion: Russia

Unfortunately, the possible misuse of Interpol Red Notices is not a new or temporary problem for the foreseeable future. Since Interpol is primarily intended to facilitate and simplify communication and coordination between the member states but is not a police-like authority, the possibilities to control the legality of notices are limited.

Over the years, reports of politically motivated and thus abusive Russian Red Notices and diffusions have been repeated. This is also reflected in the countless cases of our extradition lawyers having Russian notices deleted.

Interpol has recognised in the ongoing Russia-Ukraine war that international databases could be increasingly misused. In March 2022, the General Secretariat took an official position on the conflict and announced that increased oversight and monitoring measures would be taken in relation to Russia. These extend to Interpol diffusions. Interpol diffusions are generally exchanged among the National Central Bureaus (NCBs) and do not go through Interpol’s review bodies. Russian diffusions, however, must first be approved by the General Secretariat and are only then transmitted to the member states or their NCBs.

Despite these currently tightened control measures, questionable notices and diffusions continue to occur.

The EU Committee on Foreign Affairs also points to the numerous Russian notices that have been issued improperly and therefore advises suspending Russia’s Interpol membership.

Red Notices can be viewed publicly on the Interpol website. As there is no obligation to publish Interpol Red Notices, the actual number of Red Notices issued is likely to be much higher. Accordingly, if a Red Notice is not publicly viewable, data subjects cannot rely on the fact that there is no Interpol alert against them.

The publication of a Red Notice serves the purpose of involving the general public in the matter. This involvement brings enormous pressure and creates substantial restrictions for the wanted person, and making the Notice public can also be used specifically for this purpose. There is the risk of damaging their professional and personal reputation and defaming them by associating them with criminal activity.

Russia has been a prominent user of Interpol Red Notices and has issued more than most countries globally since the inception of the Notice system. Russia has predominantly directed them at Russian nationals, with a small percentage of their alerts directed at non-Russian citizens.

What is striking is the number of Red Notices against their own citizens and the respective reasons for the alerts. Most Red Notices are based on arrest warrants for terrorist activities and participation in armed groups. Participation in an armed group constitutes a Russian criminal offence comparable to the German criminal offence of forming armed groups, § 128 German Criminal Code (StGB).

Especially in the group of wanted women, the offence of participation in armed formations is disproportionately frequent.

First, access to the Interpol Data Protection Control Commission must be requested. The fact that a Red Notice is not publicly available at Interpol does not mean that none has been issued. Unfortunately, a negative report does not guarantee the absence of a Red Notice. It is, therefore, advisable to apply for an inspection several times. In the past, it often turned out that a Red Notice was issued only after a new request.

Legal action must be taken if the enquiry reveals that a Red Notice has been issued. A complaint based on violations of the Interpol Statutes should be filed immediately. In the case of Russian alerts, the following objections are particularly pertinent:

• The alert issued by Russia could violate Art. 2a of the Interpol Statutes. This stipulates that all acts of Interpol must be carried out following the Declaration of Human Rights. Thus, it could be argued that the Red Notice issued violates human rights, so the removal of the Red Notice would be obtained.
• Furthermore, Interpol must refrain from any involvement in political, military, religious or racial projects, cf. Art. 3 of the Interpol Statutes. Thus, any evidence of motivation behind a Red Notice will lead to Interpol being obliged to delete it.

At Schlun & Elseven Rechtsanwälte, our lawyers are experienced at dealing with Interpol Red Notices issued by Russia and can uncover the real motivations behind the notices issues. Our team is ready to assemble the evidence and demonstrate that there may be political or other motivations behind the Red Notice.

Even if an arrest has already been made, you must file a complaint against the Red Notice. Our lawyers will immediately contact the respective authorities to exonerate you or your relatives as quickly as possible.

Our lawyers will utilise their extensive legal expertise to protect your rights. If you are facing an Interpol Red Notice against you, it is essential to gather supporting evidence against the validity or accuracy of the Red Notice. It is vital to critically assess the notice because if its information is inaccurate or incomplete, that can undermine its credibility or the allegations against you. Erroneous information can indicate that the Red Notice against you is not based on the stated reasons.

Our attorneys are familiar with Interpol’s rules and procedures relating to Red Notices, and such deep understanding allows them to identify any potential violations or irregularities within the notice.

Once we have submitted the information request and gathered all the facts, our team will advise you regarding the specific circumstances of your case and provide advice on the available legal avenues to challenge its validity or accuracy. When challenging a notice, we will present counterarguments and evidence that question the validity or accuracy of the Red Notice. This can include demonstrating flaws in the evidence provided, contesting the legality of the charges, highlighting political motivations, or raising human rights concerns.

Assistance from our extradition team is vital to ensure that you will navigate the process effectively. We aim to protect your rights.

There are many potential consequences of an Interpol Red Notice issued by Russia, and they can vary depending on several factors, including the nature of the allegations, the policies of the country where you are located, and the existence of extradition treaties or agreements between Russia and that country.

Firstly, the individual can face being arrested and detained. If a Red Notice is active and valid, you may be subject to arrest and detention by law enforcement authorities in the country where you are located. They may take you into custody pending an extradition hearing or other legal proceedings. They may initiate extradition proceedings based on the Red Notice. If the extradition request is successful, you could be transferred to Russia to face the charges or trial.

The fear and intimidation of having an Interpol Red Notice against your name can significantly impact your ability to travel freely. If the notice is active, it may be flagged when you attempt to cross international borders, leading to potential detention or denial of entry by authorities.

However, these are not the only consequences, as they may also affect your reputation and personal and professional relationships. Interpol Red Notices are publicly accessible, and having one against you can lead to unwanted attention based on its allegations. Having your name linked to criminal activity can severely damage your reputation. Such allegations can also cause severe anxiety, and its impact on your professional, personal and family life cannot be underestimated.

Having an Interpol Red Notice against you can also damage your visa and residence permit status or future applications. State bodies may react to you in a negative manner based on having your name linked to criminal activity.

For all of these reasons, it’s crucial to consult with an extradition lawyer who can provide specific advice tailored to your circumstances and the laws of the country where you are located. Removing the Red Notice is the best way to prevent these negative effects from potentially occurring. Our team is ready to help you navigate the legal complexities associated with an Interpol Red Notice issued by Russia.

Schlun & Elseven Rechtsanwälte is an internationally active law firm specialising, among other things, in representing clients threatened by an Interpol Red Notice or extradition proceedings. Our German extradition lawyers have the necessary expertise and years of experience in dealing with Interpol and the extradition authorities to represent you with competence and commitment during this difficult time. We not only deal with clients who are to be extradited from or to Germany. We also take care of the cancellation of Interpol Red Notices, regardless of the country from which they were initiated.

Please, do not hesitate to contact us to work with our team of extradition lawyers.