16 Nov 2023, 49 mins ago

When a member state requests INTERPOL to publish data on a suspect or convicted person, INTERPOL sends this data internally to every member state’s database. There is a publically available list. However, sometimes the requesting member state expressly requests that the suspect or convicted person’s data are omitted from the publicly available list, found here.

How do I know if I am subject to a RED NOTICE?

The first step is to check the public list. In addition, enquiries can be made to INTERPOL to establish whether your name is on the private list; though expert advice should be sought before doing so as this poses a risk of disclosing your location to the requesting member state.

Further, INTERPOL are not necessarily obliged to disclose whether they hold data on you. Gherson have extensive experience in dealing with these sorts of enquiries.

Four ways to challenge a RED NOTICE.

The first way to challenge a Red Notice is through challenging the validity of a Red Notice. The INTERPOL rules state that the offence must be “a serious ordinary-law crime”. As such, Red Notices must not be issued for private or civil disputes. There are also provisions relating to the length of the applicable sentence. INTERPOL retains some discretion here, so this challenge may be the weakest route of challenge, though it remains a potential route to recourse.

The second way to challenge a Red Notice is through another provision of the rules, which prescribes that sufficient details must be provided. Given the volume of Red Notice requests INTERPOL receive, it is often worth ensuring that INTERPOL have made the relevant detailed enquiries in respect of these thresholds. There is often ample scope to make your case through representations to INTERPOL to explain why the threshold may not have been met.

The third way to challenge the validity of a Red Notice is to argue that mutual assistance with the requesting member state’s request is not “in the spirit” of the Universal Declaration of Human Rights. This could involve, for example, proving that the requesting state will not offer the individual a fair trial in accordance with Articles 6 and 10 UDHR.

The fourth route to challenge the validity of a Red Notice is through Article 3 of the Constitution. Article 3 details that “it is strictly forbidden” for INTEPOL “to undertake any intervention or activities of a political, military, religious or racial character”.

There is no strict “best way” to challenge an INTERPOL Red Notice request, rather the strategy for challenging the Red Notices must be carefully considered in the context of the request and the specific factual nexus. Gherson is able to offer expert legal advice if you have, or you fear you may have, an outstanding INTERPOL Red Notice request.

INTERPOL assistance

Those who fear that a jurisdiction may have requested INTERPOL to process data relating to them or are just concerned about potential liability, should get in contact.

Indeed, Gherson Solicitors continue to receive requests for expert advice and assistance from those who fear they may have outstanding financial issues arising. That advice tackles:   

  1. How to best approach a possible INTERPOL Red Notice;
  2. Preparing for potential criminal proceedings / an extradition request;
  3. Preparing for a situation where a civil matter or commercial dispute could be used to initiate bogus criminal proceedings; and
  4. Even exploring the possibility of instigating civil litigation proceedings to recover any misappropriated assets.

Gherson have previously written a series of blogs designed to assist those who fear they might be subject to INTERPOL measures (including a Red Notice):

INTERPOL and Red Notice Challenges

How to Remove an INTERPOL Red Notice

INTERPOL Red Notices and Extradition

How do I know if I am subject to an INTERPOL Red Notice

Regulation and compliance

In these constantly changing times, firms that deal with cryptoassets, and additionally have exposure to firms that do, will need to carefully consider all their systems and controls to ensure that they are able to comply with all relevant AML and sanctions regulations

How Gherson can assist

Gherson’s white-collar crime and regulatory team are able to provide advice and assistance with AML and sanctions compliance, including in situations involving cryptoassets

Additionally, the team has recently started a series of blogs on the regulation of crypto, with the aim of advising those who work in the compliance of this sector. Furthermore, for those who would like advice on relevant issues, including those who have had issues with the FCA registration process, our specialist regulatory and compliance team can guide individuals and companies through the process.

Please do not hesitate to contact us for further advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2023