Interpol Red Notices Prevention and Deletion: The UAE

An Interpol Red Notice is an international alert issued by Interpol that seeks to locate and arrest individuals a member country wants for prosecution or to serve a sentence. It is not an arrest warrant, but a request to law enforcement agencies worldwide to locate and provisionally arrest the individual pending extradition or other legal action.

Interpol Red Notices can play a significant role in extradition matters. The Red Notice alerts law enforcement agencies worldwide about a wanted individual, making it difficult for them to travel freely. If a person is located in a country other than the one that issued the Red Notice, the Red Notice can trigger extradition proceedings.

Extradition refers to the legal process through which one country surrenders an individual to another country to face criminal charges or serve a sentence. When a Red Notice is issued against someone, it may serve as a basis for the requesting country to initiate extradition proceedings to bring the individual back for trial or punishment.

However, it’s important to note that an Interpol Red Notice does not guarantee extradition. The extradition process involves legal and diplomatic considerations, and each country has its own extradition laws and procedures. The decision to extradite an individual depends on various factors, such as the existence of a bilateral extradition treaty, the nature of the offence, potential human rights concerns, and the legal defenses available to the accused.

At Schlun & Elseven Rechtsanwälte, our extradition lawyers advise clients worldwide on Interpol Red Notice matters

Issuing an Interpol Red Notice by the UAE authorities involves several steps. Firstly, the UAE authorities initiate the process by identifying an individual who is wanted for prosecution, sentencing, or other legal purposes. An Interpol Red Notice can only be utilised against individuals suspected of committing serious crimes or individuals who have been convicted and are on the wanted list, the offense being sought to serve their sentences. It cannot be used for political reasons.

Once the individual is identified, the UAE authorities submit a formal request to Interpol’s UAE National Central Bureau (NCB), providing information about the wanted individual, the offence involved, and any available supporting documentation. The NCB acts as the liaison between the UAE and Interpol. It is essential to note that the information, documentation, and evidence provided by the UAE at this point are crucial to the legal defense, as inaccurate or incomplete information can be grounds to pursue.

Interpol reviews the UAE’s request and, for pursuing legal action, evaluates whether to ensure it meets the criteria for issuing an Interpol Red Notice. The request is evaluated in accordance with Interpol’s Constitution and applicable rules and regulations. Interpol does not conduct a detailed examination of the case’s underlying legal or factual merits. Consulting with an Interpol lawyer familiar with Interpol’s constitution and applicable rules and regulations is critical, as they will be able to evaluate if Interpol has acted appropriately.

If Interpol finds the request valid, it issues an Interpol Red Notice. The Red Notice contains information about the wanted individual, such as their identity, physical description, alleged offences, and other relevant details. Interpol’s communication network circulates it to law enforcement agencies worldwide. Once the Red Notice is issued, it becomes accessible to law enforcement agencies in member countries. These agencies can access the information and take appropriate action if the wanted individual is located within their jurisdiction.

Please note that the Red Notice order can still be challenged, as outlined below. Issuing an Interpol Red Notice does not automatically result in an individual’s arrest or extradition. The notice serves as a request for provisional arrest and extradition. Still, the process varies from country to country, and each country has its own legal and procedural requirements for extradition. Seeking expert legal defense is crucial.

Interpol Red Notices can be contested, challenged, and removed with expert legal assistance. The exact manner of challenging your Red Notice will be based on the facts of your case.

Firstly, Interpol member countries often have internal appeal procedures that allow individuals to challenge the Red Notice within their national legal system. This step can involve submitting evidence or arguments to contest the validity or appropriateness of the Notice. Our lawyers will assess the legal basis of the Notice, refute the allegations, and present arguments against its enforcement, including by demonstrating that the extradition could violate the individual’s human rights.

Our lawyers can also contact the National Central Bureau of Interpol to seek more information about the Notice’s basis and to highlight potential inaccuracies or incomplete information. Such inaccuracies can be used to hide political or other dubious motivations for the extradition request, and such reasons should not be used with Interpol Red Notices. They can be classified as an abuse of the system.

When seeking an Interpol information request, applicants must submit the information request in English, French, Arabic or Spanish. This request will then 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 any inconsistencies in them.

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 data clarity issues are often substantial grounds for challenging the order. Failure to provide the minimum data required by Interpol can often be a practical 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 obtaining the Notice’s removal.

Significant risks are involved with being the subject of an Interpol Red Notice issued by the UAE. The exact risks will vary depending on the nature of the case; however, here are some of the most pressing threats.

The most obvious risk is that of extradition. If you are located in a country that has an extradition treaty with the UAE or is willing to cooperate with their extradition request, you may face the risk of being arrested and extradited to the UAE to face legal proceedings. The UAE’s legal system may differ from the legal system of the country where you are currently located, and there may be differences in legal procedures, due process protections, and potential penalties. In extreme cases, the legal process in the UAE may involve lengthy pretrial detention, limited access to legal representation, and other potential challenges.

Another risk associated with an Interpol Red Notice is that it can restrict your freedom of movement and lead to travel restrictions. Those with Red Notices against their names may face difficulties when crossing international borders and when seeking a visa or residence permit. Such challenges can cause damage to a person’s personal and professional opportunities.

The possibility of being arrested at an airport or other international entry point is linked to the above point. On a personal level, the emotional fear, stress, and general disruption related to the Red Notice can cause an enormous toll on a person’s mental health. The impact of such anxiety on a person’s personal, professional and family life is hard to quantify.

Interpol Red Notices are often publicly accessible and can damage a person’s reputation. Although the actual reason for a Red Notice may be hidden in different terms (such as politically motivated Red Notices being disguised as false corruption charges), having the accused person’s name listed on the Interpol website for criminal activity can lead to negative views of their character. Such reputational damage can affect their employment prospects, business opportunities, and relationships.

In the UAE, there are potential concerns regarding human rights and judicial independence that we will shortly outline. But more generally, being subject to the UAE’s legal system may expose an individual to risks in this area.

The UAE has been the subject of extensive human rights concerns and criticism from various international human rights groups. Even with some attempts by the country to modernise its systems, there are still grounds for concern that can be raised during legal defense in extradition and Interpol Red Notice cases.

The UAE government has received criticism for restricting freedom of expression and assembly. Individuals who criticise the government or express dissenting opinions can face prosecution and punishment, as can those advocating for political or social change, particularly in matters relating to LGBTQ+ rights. They do not appreciate dissenting opinions, as the media faces certain levels of constraint and censorship.

A broader protest is also discouraged, as the UAE imposes restrictions on freedom of assembly and association. Permits and prior approval are required for public gatherings or forming associations. The migrant worker population has also faced challenges regarding their labour rights. Concerns have been raised about recruitment practices, working conditions, wage exploitation, and limitations on changing employers or seeking redress for grievances.

The UAE also has laws against consensual same-sex relations between adults. It has directed schools to refrain from discussing gender identity and homosexuality. Advocacy and public support for LGBT+ rights can result in legal consequences. Human rights concerns can be an avenue for legal defense. Our defense lawyers will advise you regarding its applicability to your case.

There are also reasons to be concerned about specific aspects of the UAE legal system.

Firstly, issues with judiciary independence can give rise to questions about the impartiality and fairness of judicial decisions. There have been concerns with the appointment and tenure of judges and the potential influences from the executive branch. Such concerns also appear in reports about compromised due process rights, whereby individuals may have faced arbitrary arrests, limited access to legal representation and some restrictions on the right to a fair trial.

What may be of even greater concern are allegations of torture. In July, in its first review of the UAE, the UN Committee against Torture stated its “concern that reports received detail a pattern of torture and ill-treatment against human rights defenders and persons accused of offences against state security.” Mistreatment and abuse in the prison system and torture are strong grounds for consideration when faced with an Interpol Red Notice to the UAE.