Interpol Red Notices Prevention and Deletion: Egypt

At Schlun & Elseven Rechtsanwälte, we support clients with challenging Interpol Red Notices issued by Egyptian authorities. As experienced Interpol and extradition lawyers, our firm can ensure you receive full-service legal support in challenging the Red Notice and allow you to once again move freely in the world without worrying about an imminent arrest and the associated consequences and risks.

Firstly, our lawyers will oversee challenging the Interpol Red Notice. Our lawyers utilise their years of experience and in-depth experience to locate errors in the Notice and determine whether violations of international law have happened. Our team can carefully examine whether it contains any errors, inaccuracies, or other grounds for challenge.

It is not unusual for countries to misuse Interpol Red Notices as a means of silencing criticism. This method of using an Interpol Red Notice needs to be challenged, as countries should not use them for political reasons. Although it is not always straightforward to uncover political reasons for such a step, our team are aware of how to expose such actions.

In preparing your defense, our lawyers will advise you regarding the evidence in the case and what the other side needs to demonstrate to prove their case. We will examine the legal basis for the Red Notice and guide you in suitable strategies regarding challenging the matter. Such cases are often complex; therefore, such support in navigating the issue can be invaluable.

As experienced professionals, our lawyers can utilise their negotiation skills with the Egyptian authorities to have the Red Notice deleted. Often when examining the evidence, it is clear that the other side may have no solid case, and therefore, it is often wiser to remove the Notice.

Should the case need to be decided in legal action, our team will represent you in hearings, negotiations and court proceedings. We will ensure that you are fully aware of your rights under international law and that they are protected throughout the process. Upon establishing the grounds for the challenge and the necessary backing evidence, our lawyers will prepare the case and file it with Interpol’s Commission for the Control of Interpol’s Files (CCF).

The CCF will review the challenge and may request extra information or evidence. They will then make a recommendation to the relevant Egyptian authorities regarding the validity of the Red Notice. From there, those authorities will review the CCF’s recommendation and may either withdraw the Red Notice or maintain it. Our lawyers will be by your side throughout the process.

The Egyptian authorities can start the extradition process by issuing an extradition request to transfer an individual located in one country to be sent to another for criminal prosecution or to serve a sentence for a crime. Interpol allows its member states to enter a Red Notice request worldwide to locate and provisionally arrest an individual with a view to extradition into national police databases. The offence concerned should be a significant ordinary-law crime and, therefore, cannot be issued for trivial offences.

Once the authorities have sent the request, an individual can then be arrested and detained in the country where they are located if it has an extradition treaty with Egypt. However, this is not the only consequence of the order. An Interpol Red Notice can also make it difficult or impossible to travel internationally without being subject to detention, deportation or extradition. Furthermore, if you are not a citizen of the country where you are located, an Interpol Red Notice could lead to deportation or revocation of your residency status.

Those seeking the Interpol Red Notice need to provide information concerning the reason for the Notice. Such data should include a defined set of identifiers of the person concerned and judicial data such as comprising a summary of facts of the case, the charge(s), the law(s) covering the offence(s), penalties or sentence involved, and reference to a valid arrest warrant or judicial decision. Although Interpol does not decide the case, they must establish that the alleged offence in question is suitable for a Red Notice.

With our knowledge of Interpol’s processes, including the Interpol Constitution and their Rules on the Processing of Data, our team will examine how the Red Notice can be challenged and, eventually, removed. Inconsistencies and lack of clarity in the data are often substantial grounds to challenge the order. The Inability to provide the minimum data sought by Interpol is often an avenue of success when seeking Interpol Red Notice deletion.

Other grounds for challenging include concerns regarding the nature of the offence, the risk of torture, and the risk of the death penalty (in the case that the crime you are accused of is not punishable by death under the laws of the country where the offence was committed) and the principle of double jeopardy. International human rights law provides protection against torture and cruel, inhuman or degrading treatment or punishment. Therefore, if any of these risks are present, our lawyers will ensure Interpol are aware.

Egypt does not have a strong record in matters relating to human rights and has come under criticism for silencing dissenting voices. Amnesty International has criticised Egypt for repressed freedom of expression, association and peaceful assembly rights. Government critics have also faced arbitrary detention and/or have been unjustly prosecuted. For this reason, our lawyers may be able to build a solid case to protect your rights. Our extradition law team can provide specific advice on your case and guide you through challenging an Interpol Red Notice.

It can be a challenge to determine whether you are, in fact, the subject of an Interpol Red Notice, as not all of them are made public. An individual may be placed on the Interpol Red Notice list without realising it, leading to difficult situations such as being arrested at an airport. If you suspect that you may be subject to an Interpol notice, contact our extradition lawyers directly, as they will then submit a request for Interpol information on your behalf.

To determine whether you are subject to an Interpol Red Notice issued by Egyptian authorities, you can request Interpol to obtain a copy of your file. Our lawyers can support you by contacting the Interpol General Secretariat in Lyon, France, and providing them with your personal information, such as your full name, date of birth, and nationality.

Parties must submit the request for information in English, French, Arabic or Spanish, and Interpol will examine the admissibility of the information request. Once we have presented the proposal, the Commission for the Control of Files (CCF) will check whether there is an entry against you in the Interpol Information System (IIS).

Added: Once we have obtained a copy of your file, we can review its information and assess whether the Interpol Red Notice is valid and accurate. If you believe that the notice is inaccurate or invalid, you can take steps to have it removed or modified. Should there be an entry against you, the CCF will check whether this entry should be corrected or deleted. If the CCF updates or deletes the entry, it will contact the General Secretariat (IPSG).

To uncover whether there is an entry against you and its content, the Commission takes approximately four months to process it. However, it is not unusual for it to take at least nine months for an update or deletion of an international arrest warrant or another alert.

Egypt has issued Interpol Red Notices against individuals based on accusations of involvement with or support of terrorist organisations. In the summer of 2022, the government of Egypt asked INTERPOL to issue Red Notices on six alleged members of the banned group “the Muslim Brotherhood”. In recent years, Egyptian authorities have strongly pursued alleged members of the organisation on terrorism-related charges. Some human rights groups have questioned the banning of the group itself and whether the activities should be classified as similar to a terrorist group. Many view it as a means to silence dissenting voices within Egypt.

Such accusations have been levelled against journalists and other figures critical of the Egyptian government. These actions have led to political opposition being imprisoned and facing inhumane conditions. Authoritarian and repressive regimes have misused Interpol Red Notices to target opposition to them, and often legal support is the best protection available for those unfairly accused against potential inhumane treatment and imprisonment.

Under Interpol law it is strictly forbidden for them to undertake any intervention or activities of a “political, military, religious or racial character“, however these purposes can be disguised under the language of accusations of terrorism, economic crimes such as money laundering, fraud, and embezzlement and drug trafficking.

Proving that the Egyptian authorities have abused the system needs to be demonstrated by careful legal analysis and examination. At Schlun & Elseven Rechtsanwälte, our extradition law team is ready to defend you and ensure your rights are protected.

Egypt has faced substantial international criticism for its human rights record in recent years. There have been concerns raised by various human rights organisations and governments about the country’s treatment of its citizens, particularly concerning freedom of expression, peaceful assembly, and association.

Some of the human rights abuses reported in Egypt include the imprisonment of journalists and activists, extrajudicial killings, enforced disappearances, torture, and arbitrary detention. The country’s security forces have been accused of using excessive force against protesters and carrying out extrajudicial killings.

There have also been concerns regarding unfair trials due to political interference, lengthy pre-trial detentions, and harsh penalties, including the death sentence.

In addition, there have been concerns about using military courts to try civilians, restrictions on freedom of religion, discrimination against women and the LGBTQ+ community, and the treatment of migrants and refugees.

The Egyptian government has denied many of these allegations, arguing that it is taking necessary measures to maintain stability and security in the country. However, human rights organisations and governments continue to call for more substantial respect for human rights and the rule of law in Egypt.

Our highly qualified extradition law team assists clients worldwide 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!