Interpol Red Notices Prevention and Deletion: Singapore

An Interpol Red Notice is a request issued by one country to all other member countries of Interpol to locate and provisionally arrest a person who is wanted for prosecution or to serve a sentence. It is considered the highest level of notice issued by Interpol. It is used to seek the arrest and extradition of individuals who are wanted for serious crimes, such as murder, terrorism, drug trafficking, or organized crime. Therefore, it must be used for ordinary crimes and cannot be politically, religiously or militarily motivated.

Countries can issue Interpol Red Notices in cases where:

• The alleged offence is considered a serious crime in both their country (Singapore, in this case) 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 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.

Unlike an arrest warrant, a Red Notice is not a legal order to arrest but rather a request for the arrest and extradition of a person. It is up to each individual country to decide whether or not to comply with the request based on their national laws and procedures. However, a Red Notice can have severe consequences for the person named in the notice, making it difficult or impossible for them to travel internationally or obtain visas. It can result in their arrest and extradition to the country that issued the notice. Having a Red Notice issued against an individual can also significantly damage their reputation and professional prospects.

It is not uncommon for countries to abuse Interpol Red Notices to suppress criticism. This practice is unacceptable, as Interpol Red Notices should not be used for political reasons. Although it is not always easy to uncover the political motives behind such actions, our team is equipped with the knowledge and experience to expose such misconduct.

Determining whether you are the subject of an Interpol Red Notice issued in Singapore is the starting step. People can check the Interpol website to see if their names appear on the wanted persons’ list. Interpol’s website has a public search engine that allows anyone to search for Red Notices by the name of the person in question. However, please be aware that not all notices are publicly disclosed. Not knowing can result in unforeseen issues, such as being apprehended at an airport. Our lawyers support clients with determining whether they are subject of an Interpol Red Notice.

Applicants must submit the information request in English, French, Arabic or Spanish, and Interpol will evaluate this request for admissibility. Once presented, the Commission for the Control of Files (CCF) will review the Interpol Information System (IIS) for any entries related to them. 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.

Individuals must ensure that the request for information meets the specified requirements to achieve a favourable outcome. At Schlun & Elseven, our experienced extradition law team has extensive experience in submitting such requests and can be relied upon to do so accurately.

Upon discovering that you are the subject of an Interpol Red Notice issued by Singapore it is necessary not to panic. Our lawyers are available to examine your case and outline the required steps regarding challenging such Interpol Red Notices.

One action our lawyers can take is to challenge the validity of the Notice by arguing that it does not reach the criteria established by Interpol. 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.

National 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.

These inconsistencies and failures to provide required data can lead to lawyers challenging the underlying criminal charges. While Interpol does not adjudicate cases, it must establish that the alleged crime is eligible for a Red Notice. Often, a lack of data or inconsistencies can be due to the charges being politically motivated or the legal process in the country where the charges were brought is biased or unfair.

Our lawyers are also able to negotiate with Singaporean authorities to resolve the matter without needing the Interpol Red Notice. In such cases where there are inconsistencies with the data or it is clear that they will not succeed, national authorities can come to the negotiation table whereby they will agree a settlement or a waiver of extradition.

The exact circumstances of the case will determine the most suitable strategy. Our lawyers will ensure that clients are fully involved in the formulation of defense strategy as it develops.

A country’s human rights record is considered in cases involving Interpol Red Notices and extradition. Interpol has strict rules that require all member countries to respect the human rights of individuals subject to their Red Notices. Specifically, Interpol’s Constitution requires that all organisation activities be carried out in the spirit of the Universal Declaration of Human Rights and that its member countries comply with international human rights law.

Regarding Singapore, some human rights organisations have criticised the country for a long time. These criticisms concern issues relating to civil liberties, freedom of expression, LGBTQ rights and political rights. The country’s human rights record has been debated and scrutinised for several years.

Singapore has substantial restrictions on freedom of expression and has been known to use defamation laws to stifle political dissent and silence government critics. The state also uses the death penalty in several legal areas, such as drug-related offences. The possible use of the death penalty can be brought up to challenge the Interpol Red Notice or extradition order.

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 removal 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!