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Interpol Red Notices

Kaim Todner can help you with removing Interpol Red Notices.  Please see below for more details on what they are and the effect they have.  Please see this page on how to contact us.

Details

Comprising 190 member countries, Interpol is the largest international organisation engaged in facilitating co-operation between national policing bodies. Its role is defined under Article 2 of its constitution:

"Article 2 (1): To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the Universal Declaration of Human Rights."

National Central Bureaus are designated by each member state to liaise with Interpol's General Secretariat in order to share information and mutual assistance. Interpol's main function is to assist in the identification and apprehension of wanted persons. To this end it has developed the controversial 'Red Notice' system.

What is an Interpol Red Notice?

A red notice is a document circulated on Interpol's databases and disseminated to each of its member states identifying wanted persons in order to effect their arrest and detention, pending extradition. A notice is issued on the basis of a domestic warrant issued by national agencies.

Although a red notice is not an arrest warrant, its implementation is subject to the discretion of each member state. Most countries consider it to provide a sufficient legal basis for arrest and detention. A country may decide to detain an individual on the basis of a red notice even when there are no extradition arrangements between the state in which the wanted person is detained and the state which has issued the Red Notice. Red Notices can also be published on Interpol's public website.

In 2011, 7,958 people were detained on the basis of an Interpol Red Notice.

What effect does it have?

The effect of a Red Notice can be both far-reaching and severe. Those subject to a notice are often considered "wanted international criminals". Evidently this will impact the individual's ability to travel; some have been detained in foreign jurisdictions for prolonged periods. Others have encountered damage to their reputations, negative consequences for their businesses, rejection of asylum applications and had their bank accounts closed. Effectively challenging the validity of a red notice is often of vital importance in preventing disproportionate interference with an individual's human rights.

Removing a Red Notice

There are several options available to those seeking to remove a red notice:

1. Apply to the National Central Bureau of the country that issued the red notice, or the courts in that country, requesting its removal. This will require instructing lawyers in that country,
2. Apply to the National Central Bureau in the UK (or country of residence) requesting that a case be put on the wanted person's behalf to Interpol with the aim of having the notice removed,
3. Seeking an ex post review from the Commission for the Control of Interpol's files (CCIF), which is tasked with ensuring that Interpol's data processing complies with its constitutional rules, to have the notice removed,
4. Challenging Interpol directly on the grounds that the notice does not comply with the following provisions:

Article 2 of Interpol's Constitution

Article 2 requires Interpol to comply with the 'spirit of the Universal Declaration of Human Rights',

Article 3 of Interpol's Constitution

Article 3 provides that it is 'strictly forbidden for the Organisation to undertake any intervention or activities of a political, military, religious or racial character'.

Articles 11/12 of the Operating Rules governing Red Notices

Article 11 requires that Interpol's data processing should be authorised with regard to the relevant law applicable in the National Centre Bureau of the requesting state. It requires that regard must also be had to the Universal Declaration of Human Rights (referred to in Article 2 of Interpol's Constitution). In addition, Article 12 states that the information which Interpol processes must be "accurate, relevant, not excessive [in relation to purpose] and up to date".

Article 76 of the Operating Rules governing Red Notices

Article 76 provides discretion to Interpol not to publish a Red Notice if "the publication of the Notice could prejudice the Organisation's image or interests", for example, where the request has been made by a state with a dubious human rights record.

Article 83 of the Operating Rules governing Red Notices

Article 83 sets out specific criteria for 'publishing' red notices. Included in those criteria are prohibitions on publication if:

a) the offence in question raises 'controversial issues relating to behavioural or cultural norms';
b) the offence originates from 'a violation of laws or regulations of an administrative nature or deriving from private disputes
c) penalty threshold - the conduct constituting the offence is punishable by at least two years 'deprivation of liberty or, in conviction cases, the subject is to serve at least six months of imprisonment.

Interpol Red Notices News

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