What to do if you’re subject to an INTERPOL Red Notice while in the UK?

The INTERPOL Red Notice is a tool designed to assist jurisdictions across the world with locating, detaining and returning individuals suspected to be involved in criminal activity.

INTERPOL generally publish Red Notices on a publicly available list, but there are instances where a state can request that this information is not published by INTERPOL, which means that individuals may not be aware that a Red Notice has been issued in their name. This blog considers the dangers of being subject to a Red Notice, the steps that individuals may take to remove the Red Notice, and how Gherson can assist.

What are the consequences of a Red Notice?

A Red Notice can have broad ranging effects, including, but not limited to, the following, inter alia:

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

What are the ways to challenge a Red Notice?

There are four ways a Red Notice can be challenged and potentially removed. There is no ‘best way’ to do so; a close examination of the client’s circumstances, alongside deep understanding of INTERPOL’s Rules on the Processing of Data (RPD) and its Constitution, will determine the most effective and suitable course of action. We break down the strategies for challenging the Red Notice below:

Challenging validity: Article 83(1) RPD

The first way to challenge a Red Notice is by challenging the validity of a Red Notice through Article 83(1) of the RPD. The INTERPOL rules state that the offence must be “a serious ordinary-law crime.” As such, Red Notices should not be published for offences related to:

• behavioural or cultural norms;
• offences relating to family/private matters;
• offences originating from violation of laws deriving from private disputes, or offences originating from administrative / private disputes.

There are also provisions addressing the length of the applicable sentence. INTERPOL retains some discretion here, so this challenge may be weak, depending on the circumstances of the case.

“Relevant enquiries”

The second way to challenge a Red Notice is through Article 83(2), RPD, i.e. Red Notices may only be published when sufficient data has been 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 sufficient scope to make your case to INTERPOL to explain why the threshold may not have been met.

Spirit of the Universal Declaration of Human Rights

A third way to challenge a Red Notice is to argue that cooperating with the requesting member state is not “in the spirit” of the Universal Declaration of Human Rights (UNDHR). 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 3 of the Constitution

The fourth route to challenge the validity of a Red Notice is through Article 3 of the INTERPOL’s Constitution. Article 3 details 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 Red Notice, 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):

• 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 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.

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