What is an INTERPOL diffusion (and how does it differ from an INTERPOL Red Notice)?

15 Apr 2024, 18 mins ago

Individuals might find themselves subject to various INTERPOL measures, including a variety of coloured notices, one of which we have considered in a previous blog titled What is an INTERPOL Blue Notice?

However, a question that we frequently get asked in relation to two of the most common INTERPOL measures is what is an INTERPOL diffusion, and how does it differ from an INTERPOL Red Notice?

Ultimately, whilst the effect to an individual of either of these measures can be equally severe (i.e. arrest and detention), there are technical reasons why an INTERPOL diffusion might be easier to challenge.  As always, those who fear that that they might be subject to, or at risk of being made subject to, either measure, are always advised to seek specialist legal advice.

For more basic background information about INTERPOL please refer to our previous blogs, where we have explored questions such as what is INTERPOL and how does it work?

What is an INTERPOL diffusion?

An INTERPOL diffusion is an alert by an INTERPOL member country through the INTERPOL system which notifies law enforcement authorities in other INTERPOL member countries that another country seeks the arrest of a person.

What is the purpose of an INTERPOL diffusion?

The purpose of an INTERPOL diffusion is to submit a request to law enforcement authorities worldwide to locate and provisionally arrest a person pending extradition, surrender or similar legal action.

What is the main difference between an INTERPOL diffusion and an INTERPOL Red Notice?

Whilst the purpose of an INTERPOL Red Notice (which in itself is not an arrest warrant) is also to assist jurisdictions across the world with locating, detaining and returning individuals suspected to be involved in criminal activity, an INTERPOL Red Notice is an alert issued by INTERPOL at the request of an INTERPOL member country.

Ultimately, therefore, the main difference lies in the fact that an INTERPOL Red Notice is issued by INTERPOL at the request of a member state via the INTERPOL system, whilst a diffusion is circulated by the country itself through INTERPOL’s channels.

What is the effect of this difference? 

The most significant result of this difference is that a diffusion is not subject to the same INTERPOL involvement before being circulated through the INTERPOL system, and so is potentially not subject to the same scrutiny as a Red Notice.

Should a different strategy be implemented to defeat a diffusion?

Potentially, yes. Whilst the effect to an individual of a Red Notice or a diffusion will probably be the same (i.e. risk of arrest), the specific way in which a diffusion is implemented means that it is potentially subject to less scrutiny, and, as a result, could be more open to challenge.

How Gherson can help

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

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 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 Blue and 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.

Gherson has over 30 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 video or about your specific circumstances,  please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, 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.

©Gherson 2024