Removing Interpol Diffusions

Diffusions are defined in Art. 1 (14) “INTERPOL’s Rules of the Processing of Data” as a “request for international cooperation or any international alert from a National Central Bureau or an international entity, sent directly to one or several National Central Bureaus or to one or several international entities, and simultaneously recorded in a police database of the Organization “. Thus, unlike an Interpol Notice, a Diffusion is not available to all Interpol member states at the same time via the Interpol Information Network but is instead addressed directly to one or more selected national security authorities or international institutions. In cases where there is insufficient information to issue an Interpol Notice or the information is not directed to all member states, Interpol encourages to issue a Diffusion instead whenever possible (Art. 78 (3)).

Furthermore, the provisions regarding the Diffusion system are laid down in the fourth section of the Interpol catalogue of regulations. There are provisions on the Diffusion system, the form of a Diffusion, its dissemination, and its revocation and processing. According to Art. 97 (1), a Diffusion can be issued for various reasons: to arrest an accused or convicted person, locate and track someone, gather additional information, or warn of criminal acts.

An Interpol Red Notice and a Wanted Person Diffusion are usually issued to locate a wanted person and be assisted in further action by local police authorities. A Red Notice is directly aimed at arresting or restricting a person’s movement for extradition or similar legal action. A Diffusion, on the other hand, is issued to locate a person to arrest, detain or otherwise restrict their liberty. Countries issue a Diffusion instead of a Red Notice in particular if they wish to limit its dissemination or access to the data contained in the diffusion to certain national police authorities or international institutions (Art. 99 (3)). In addition, a Diffusion can be issued instead of a Red Notice even if there is insufficient information to issue a Red Notice. By making a Diffusion more informal, the requirements for issuing one are also lower.

Another critical difference between an Interpol Red Notice and a Diffusion is that only when issuing an Interpol Red Notice, the General Secretariat is obliged to verify its compliance with Interpol rules before the Notice is disseminated via the Interpol network. The lack of such an obligation to check means that Diffusions are circulating that would not have been disseminated via the network if they had been checked beforehand because they do not comply with the organisation’s rules.

If you suspect that there is an Interpol Diffusion against you, it is essential that you investigate. An Interpol Diffusion, similar to a Red Notice, can have far-reaching consequences. For example, problems may arise with international travel or detention by national police authorities. However, it is essential to emphasise that neither a Red Notice nor a Diffusion constitutes an international arrest warrant. Instead, they can be seen as an international request for mutual legal assistance based on a national court order. Whether action is taken in another member state is up to the police authorities and the arrangements between the respective countries.

Unlike an Interpol Red Notice, Diffusions are never published on the Interpol website because, as already mentioned, Diffusions are only addressed to certain member states and not the entire Interpol network. However, a request for information to the so-called Commission for the Control of Interpol’s Files (CCF) can establish whether a Diffusion has been made against an individual.

For more information, visit our page “Interpol: How to Submit a Request for Information?”.

Once it has been established that an Interpol Diffusion exists against a person, it is possible under certain conditions to apply for the deletion. The removal of a Diffusion is subject to the same rules as the removal of a Red Notice. The first step towards such removal has already been taken with the request for information sent to the Commission. If there is an Interpol record against a person, the Commission will further consider whether it meets Interpol’s requirements and can be maintained accordingly, or if it is in breach of Interpol’s rules as it stands, it must be updated or deleted. For example, a Notice or Diffusion violates Interpol’s rules if one was issued for religious, political or racial reasons.

In the procedure for expunging a Diffusion or Red Notice, it is crucial that the request for information to the CCF meets the given requirements. The information required includes, for example, a set of identifying characteristics of the person concerned and legal data such as a summary of the facts, the indictment, the laws violated, the expected sentence and a reference to a valid arrest warrant or a court decision of equal rank.

For more information on the procedure to remove an Interpol Diffusion or Red Notice, see “Interpol Red Notice Removal & Protection”.