How can you challenge and remove an INTERPOL Diffusion?

An INTERPOL diffusion is a tool used to assist jurisdictions across the world in locating, detaining and returning individuals suspected of involvement in criminal activity.

In a previous article, we discussed the difference between an INTERPOL Red Notice and an INTERPOL Diffusion.

What issues are caused by an INTERPOL Diffusion?

An INTERPOL diffusion can have broad-ranging effects, including, but not limited to, the following:

1. Increased risk of arrest in any country that cooperates with INTERPOL;
2. The potential initiation of extradition proceedings;
3. Reputational damage to the individual and/or their business.

What are some of the ways to challenge an INTERPOL Diffusion?

There are various ways an INTERPOL diffusion can be challenged and potentially removed. There is no single ‘best’ way to do so. A close examination of the client’s circumstances, combined with a thorough understanding of INTERPOL’s Rules on the Processing of Data (RPD) and its Constitution, is essential to determine the most effective and suitable course of action.

Below is a breakdown of some of the strategies for challenging an INTERPOL diffusion:

Challenging the circulation of diffusions: Article 99 RPD

The first way to challenge an INTERPOL Diffusion is through Article 99 of the RPD:  Circulation of diffusions.

The INTERPOL rules state that before circulating a diffusion, the National Central Bureau of international entity shall ensure:

a) the quality and lawfulness of the data it provides in support of its diffusion;

(b) that its diffusion complies with the general conditions for recording data;

(c) that the data are of interest for the purposes of international police cooperation;

(d) that its request complies with INTERPOL’s rules, specifically with Articles 2(1) and 3 of the Constitution, as well as with the obligations imposed on the requesting entity under international law.

Spirit of the Universal Declaration of Human Rights (UDHR)

Another way to challenge a diffusion is to argue that cooperating with the requesting member state is not “in the spirit” of the Universal Declaration of Human Rights (UDHR). This may involve demonstrating that the individual would not receive a fair trial, as required by Articles 6 and 10 of the UDHR.

Challenging validity: Article 2(1) and 3 of the Constitution

Another route to challenge the validity of a diffusion is through Article 3 of the INTERPOL’s Constitution. Article 3 states that “it is strictly forbidden” for INTERPOL “to undertake any intervention or activities of a political, military, religious or racial character”. Although this is not strictly distinguishable from Article 2 UDHR, this route is a more explicit challenge through the INTERPOL Constitution.

Concluding remarks

Under all circumstances, the client should immediately seek expert advice, as certain actions, such as sending a request to a Member State’s database inquiring whether the client is subject to a Diffusion, can expose their location to authorities, subjecting the client to risk.

How Gherson can help

Those who believe that they may be subject to INTERPOL measures, including a Red (or Blue) Notice or diffusion, should take heed.

Gherson Solicitors continue to receive requests for expert advice and assistance from those who suspect they may have outstanding financial issues which may engage INTERPOL. The advice we could provide in these circumstances includes:

1. How best to approach a possible INTERPOL notice
2. How to prepare for potential criminal proceedings and/or an extradition request
3. What can be done to prepare for a situation where a civil matter or commercial dispute could be used to initiate bogus criminal proceedings?
4. Exploring the possibility of instigating civil litigation proceedings to recover any misappropriated assets.

Gherson Solicitors have previously written a series of blogs designed to assist those who have a reason to believe they may be subject to INTERPOL measures (including Red or Blue Notices):

• What is INTERPOL’s Silver Notice?
• INTERPOL UPDATE – India charges 8 people in first Interpol Silver Notice Case
• What is an INTERPOL Yellow Notice?
• What is an INTERPOL-United Nations Security Council Special Notice?
• What is an INTERPOL Purple Notice?
• What is an INTERPOL Green Notice and can it be challenged?
• What is an INTERPOL Orange Notice and can it be challenged?
• What is the purpose of an INTERPOL Blue Notice, and can it be challenged?
• What is an INTERPOL Blue 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?

Gherson has over 36 years of experience in assisting with all aspects of INTERPOL Red Notice challenges and extradition. If you would like to speak to us in respect of any of the issues raised in this article or about your specific circumstances,  do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on X, 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 2025