Our lawyers are aware of the far-reaching consequences that an Interpol Red Notice initiated by the Colombian authorities can have for affected persons and their families. To ensure that our clients receive the support they need in such an emergency, the German law firm of Schlun & Elseven offers competent and committed legal assistance. Our German extradition lawyers have the necessary expertise and years of experience in dealing with Interpol and the extradition authorities to provide you with focused representation during this difficult time. We support clients to be extradited from or to Germany and ensure that Interpol Red Notices are cancelled – regardless of which country initiated them. We stand up for you to protect your rights and interests.
What is an Interpol Red Notice?
An Interpol Red Notice is a request from one member country of Interpol (the International Criminal Police Organization) to another member country to locate and arrest an individual who is wanted for extradition or prosecution. The Interpol Red Notice is not an arrest warrant, and it does not necessarily mean that the individual named in the notice has been charged with a crime or is guilty of any offence.
Interpol Red Notices are issued for individuals who are wanted for serious crimes such as murder, kidnapping, terrorism, drug trafficking, or organised crime. The notice includes information such as the individual’s name, physical description, and the alleged offence. The requirements for an Interpol Red Notice include the following:
- The alleged offence must be considered a serious crime in both Colombia and the country where the suspect is located.
- There must be sufficient evidence to support the allegations against the suspect.
- The suspect must have been identified and located.
- The suspect must be either charged with a crime or wanted for the purpose of prosecution or sentencing.
- The suspect’s location must be unknown or uncertain, or the suspect must have fled the country where the crime was committed.
When a member country receives an Interpol Red Notice, it must take action to locate and arrest the individual named in the notice. The country can then choose to extradite the individual to the requesting country or prosecute them within their own legal system. An Interpol Red Notice alone is insufficient to authorise an arrest or extradition, as the relevant national and international laws must still be followed to initiate those processes.
Individuals who believe they have been wrongly named in an Interpol Red Notice can challenge the notice through Interpol’s channels or the legal system of the country that issued the notice. It should be noted that although Interpol Red Notices should not be issued for political, military or religious reasons, it is not uncommon for countries to misuse them to silence criticism and other such purposes. Therefore, if you have a Red Notice issued against you and believe it is not for the reasons stated, it is essential to consult with legal support.
The Risks of an Interpol Red Notice
An Interpol Red Notice can have severe personal, professional, and familial repercussions for the individual against whom it is issued. The consequences of an Interpol Red Notice can include difficulty or even impossibility of international travel without the risk of detention, deportation or extradition. Additionally, for non-citizens, an Interpol Red Notice could lead to deportation or loss of residency status. The notice can also damage an individual’s reputation and lead to difficulties obtaining visas or keeping employment.
If an individual is extradited based on a Red Notice, they may stand trial in a foreign country, which could result in separation from family, friends, and support systems. Some countries have been known to use Interpol Red Notices to silence criticism and target opposition who have fled the country. Once extradited, individuals may not receive a fair and honest trial and may face inhumane treatment in inadequate prisons or detention centres.
It is crucial to challenge the order and seek its removal if an individual fears for their safety due to an Interpol Red Notice. Affected individuals are entitled to professional legal defense and should strongly consider this option in such cases.
Challenging an Interpol Red Notice
If you suspect an Interpol Red Notice has been issued against you in Colombia, you can check the Interpol website to see if your name appears on the list of wanted persons. Interpol’s website has a public search engine that allows anyone to search for Red Notices by the name of the person in question. To check if there is an Interpol Red Notice against you, visit the Interpol website at www.interpol.int and click on the “Wanted” tab at the top.
However, determining whether you are the target of an Interpol Red Notice can be difficult as not all notices are publicly disclosed. Not knowing can result in unforeseen issues, such as being apprehended at an airport. If you suspect that you may be the subject of an Interpol notice, our extradition lawyers can help by submitting an Interpol information request on your behalf.
Applicants must submit the information request in English, French, Arabic or Spanish and will be evaluated for admissibility. Once presented, the Commission for the Control of Files (CCF) will review the Interpol Information System (IIS) for any entries related to you. If an entry exists, the CCF will assess whether it needs to be rectified or removed. The CCF will contact the General Secretariat (IPSG) if the entry requires an update or deletion.
It is crucial to ensure that your request for information meets the specified requirements to achieve a favourable outcome. Our extradition lawyers have experience submitting such requests and can be relied upon to do so accurately.
Interpol has strict guidelines within its Constitution and Interpol’s Rules on the Processing of Data governing the issuance of Interpol Red Notices. According to these documents, allegations of criminal activity must be clear, and those affected should challenge inconsistencies in such allegations.
Authorities seeking to issue an Interpol Red Notice must provide identifying information about the individual concerned, as well as judicial data such as a summary of the case facts, charges, laws governing the offences, penalties or sentences involved, and a reference to a valid arrest warrant or judicial decision authorising the Red Notice’s issuance. Inconsistencies and a lack of clarity in the data are often substantial grounds for challenging the order. Failure to provide the minimum data required by Interpol can often be an effective approach when seeking the deletion of an Interpol Red Notice.
While Interpol does not adjudicate cases, it must establish that the alleged crime is eligible for a Red Notice. With our extensive knowledge of Interpol Red Notices, we will assist you in having the Notice removed.
Preparing the Legal Defense
Schlun & Elseven Rechtsanwälte provides expert support for clients who need to prepare their defense against Interpol Red Notices. Our experienced team of extradition lawyers understands the complexity of these matters and has successfully defended numerous clients in similar cases. We examine the legal basis of the Red Notice and advise our clients on suitable defense strategies.
We are aware that Interpol Red Notices are only issued for serious ordinary-law crimes and cannot be used for trivial or discriminatory offences. Discriminatory reasons include political, religious, military, and racial grounds. If oppressive regimes attempt to misuse the system, we can identify these tactics and bring them to the attention of Interpol. Our experience in this area enables us to identify potential misuse and outline how our clients can demonstrate it to Interpol.
We advise our clients on the likelihood of success by examining the Interpol Red Notice closely. If the Colombian authorities have a weak case, we use our negotiation skills to have the Red Notice removed.
If legal action is necessary, our team represents our clients in hearings, negotiations, and court proceedings. We ensure that our clients’ rights under international law are fully protected throughout the process. After establishing the grounds for the challenge and the necessary backing evidence, our lawyers prepare the case and file it with Interpol’s Commission for the Control of Interpol’s Files (CCF). The CCF reviews the challenge and may request extra information or evidence before making a recommendation to the relevant Colombian authorities regarding the validity of the Red Notice.
Some of the most common legal defenses against Interpol Red Notices include the following:
- Evidence issues: Insufficient evidence to support the allegations, or the evidence is unreliable or obtained illegally.
- Another defense is that of double jeopardy, whereby the individual has already been tried or convicted for the alleged offence in another country or jurisdiction and cannot be tried again for it.
- The individual may argue that the offence they are being accused of is of a political or discriminatory nature and, therefore, not subject to extradition under international law. These cases are not always straightforward and can be hidden in the language of cases of corruption or business crime allegations. However, our lawyers are experienced and can assist our clients by providing the necessary evidence to demonstrate these actions.
- The individual argues they are at risk of torture or other human rights violations if they are extradited to the country that issued the Interpol Red Notice. Colombia has had a concerning human rights record for decades, and this route can be suitable in such cases.
- Procedural defects whereby the defense may argue that the extradition request or Interpol Red Notice does not comply with Colombian law or international law, such as by failing to provide adequate notice or violating the individual’s due process rights.
At Schlun & Elseven Rechtsanwälte, we provide full-service support to our clients throughout the process, and our lawyers will be by their side every step of the way.
Human Rights Concerns in Colombia
Although there have been some improvements in more recent years, Colombia’s human rights record has been concerning for several decades. Colombia has had decades of armed conflicts between guerrilla groups, including the Revolutionary Armed Forces of Colombia (FARC), paramilitaries, drug cartels and government forces. These conflicts have contributed to countless human rights violations, disappearances, torture, and violence of all manners. The conflict with the FARC has since come to an end, but that hasn’t directly led to an end of the conflict, as even in recent years, there were reports of killings and threats targeting former combatants being issued, according to reports by Amnesty International.
However, not just former combatants have faced issues in Colombia. Human rights defenders have also faced attacks, threats and harassment because of their work. Although the Colombian government has cooperated with international human rights organisations and established special units to investigate cases of human rights abuses, such incidents are still happening.
Freedom of expression is also a concern in Colombia, with reports of attacks on media workers and outlets. Journalists have faced arbitrary arrests, threats of violence and other violations of their freedom of expression rights.
Colombia also has an unsatisfactory record regarding gender-based violence, LGBTQ+ rights, and indigenous people’s rights matters.
Such concerns can lead to suitable grounds for appealing against extradition to Colombia, especially if the person can prove that the protection of their human rights cannot be guaranteed. Interpol Red Notices cannot be abused to allow the requesting state to violate the individual’s human rights. At Schlun & Elseven Rechtsanwälte, our extradition lawyers will investigate such matters and determine whether the individual is at risk in these cases.
Schlun & Elseven: Legal Advice in German Extradition Law
Our highly qualified German extradition law team assists clients from all over the world who are affected by or fear extradition proceedings. With thorough preparation, sound legal knowledge and appropriate experience, the permanent quashing of an Interpol Red Notice is a realistic goal. Visit our extradition law page to learn more about our services in this area. We look forward to working with you!
Practice Group: German Extradition & Interpol Law
Practice Group:
Extradition & Interpol Law
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