Issuing an Interpol Red Notice is a severe measure that can affect all areas of a person’s life. Rather than taking action against the Red Notice itself, you should proactively seek to prevent it from being issued in the first place. Therefore, if there are indications that you could become the target of an Interpol Red Notice or diffusion, it is advisable to act fast and submit a preventive request to Interpol.
At Schlun & Elseven Rechtsanwälte, we utilise our expertise in extradition law and extensive experience in dealing with Interpol to ensure that you receive the best possible representation during this difficult time. If a Red Notice has already been issued against you, we will endeavour to have it cancelled. To this end, we carefully check whether the formal and material requirements for such a measure have been met to take appropriate countermeasures if necessary. We oversee the cases of clients worldwide – regardless of the country from which the Red Notice was initiated.
Interpol Red Notice: Meaning and Function in International Criminal Law
An Interpol Red Notice is an international search request issued via Interpol to facilitate the location, arrest, or extradition of a wanted person. Interpol Red Notices can be requested by all member states of Interpol as well as international criminal courts and tribunals. The General Secretariat of Interpol then examines the request and decides whether to authorise the alert. Red Notices are usually released if they comply with Interpol rules. A small number of Red Notices are then published on the so-called ‘Most Wanted List’ on Interpol’s public homepage, where they are freely accessible. It should therefore be noted that a lack of appearance in the online database does not mean that there is no Red Notice.
In addition to the Red Notice, Interpol has other alert options at its disposal, which are also used, for example, to search for missing persons or witnesses.
The Importance of Preventive Requests to Interpol
The consequences of a Red Notice from Interpol are far-reaching. Although the Red Notice is not an international arrest warrant, it is sufficient grounds for arrest. Those affected are, therefore, exposed to the risk of arrest. The publication of a Red Notice can also cause lasting damage to their personal and business reputation. The freezing of bank accounts and possible cancellation of employment contracts are also possible consequences. After arrest, those affected are often threatened with lengthy extradition proceedings and possibly criminal proceedings in the requesting country. In order to prevent such consequences, it is advisable to submit a preventive enquiry to Interpol immediately in the event of suspicion.
To take preventive action against a Red Notice, it must first be established whether an Interpol Red Notice has already been issued against the person. As mentioned above, the Interpol Red Notice database (“Most Wanted List“), which is accessible to the public online, contains only a fraction of all Interpol Red Notices in circulation. Therefore, you may be the subject of a Red Notice even if you are not publicly listed. Interpol Diffusions, a mechanism that is similar to a Red Notice and is used just as frequently, are not visible in the database at all.
The first step towards prevention is therefore the request for information about the existence of a Red Notice. As soon as our lawyers request access to your file from the competent authority and it does not contain a Red Notice, we send a preventive request in which we explain to what extent you have been wrongly targeted or to what extent the expected request is based on incorrect or insufficient information. Interpol requirements state that all data stored in Interpol’s information system must be accurate, relevant, current and adequate in relation to its purpose. Our legal remedies are aimed at blocking the processing of data in the Interpol files. Otherwise, it would subsequently be transmitted to Interpol by the national authorities, at the risk of a Red Notice or diffusion being issued. Our preventive defense measure alerts the responsible Interpol office to a potentially illegal request. Possible reasons for the rejection of a Red Notice by Interpol are, in particular
- Evidence that the notice would violate Interpol’s rules, in particular Article 3 of the Interpol Statute, which prohibits interventions of a political, military, religious or racist nature, and
- possible human rights violations, such as the risk of torture or an unfair trial if the person is extradited to the destination country.
If a Red Notice has already been issued, it is of course also possible to request its cancellation. However, preventing the red notice in advance is the more effective method to protect your rights and reputation in the best possible way.
Practice Group: German Extradition & Interpol Law
Practice Group:
Extradition & Interpol Law
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