In what circumstances is a RED NOTICE issued?

03 Jun 2024, 16 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 publicly available list. However, sometimes the requesting member state expressly requests that the suspect or convicted person’s data not be published on the publicly available list, found here.

The first step is to check the public list. However, enquiries can be made to INTERPOL to establish whether you are on the private list, although expert advice should be sought before doing so as this risks disclosing your location to the requesting member state.

Further, INTERPOL is not necessarily obliged to disclose whether they hold data on you.

Gherson have extensive experience in dealing with these sorts of enquiries.

There are four ways to challenge a RED NOTICE.

  1. The first way to challenge a Red Notice is by challenging its validity. 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 recourse.
  2. 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 receives, it is often worth ensuring that INTERPOL has 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.
  3. 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 of the UDHR.
  4. 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 are able to offer expert legal advice if you have, or you fear you may have, an outstanding INTERPOL Red Notice request.

How Gherson can assist you

Gherson has decades of experience in assisting with all aspects of INTERPOL, Red Notice challenges and extradition. If you have any questions arising from this blog, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on XFacebookInstagram, 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.

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