The Complexities of Challenging an Interpol Red Notice

Interpol assists other countries in the fight against international crime, by providing information and coordinating actions. It uses different colored notices to achieve its goals, one of which is the red notice. This notice contains some kind of request for the identification, apprehension and subsequent extradition of a suspect. However, there are cases of wrongful notice issued in error or irregularity which can be challenged and removed. Let’s look at the definition of a red notice, the legal grounds for its removal and how Interpol lawyers can help you.

What Is an Interpol Red Notice and Why Is It Issued?

An Interpol Red Notice is a request from the country in which a wanted person committed a crime to other countries to assist in the apprehension and extradition for trial or to serve a sentence. The notification usually includes detailed biometric data of the wanted person, a description of the charges and other information necessary for identification and subsequent arrest.

Red notices are only issued for persons suspected of serious offenses. For example, terrorism, human trafficking, corruption, fraud, drug trafficking and violence. A red notice is not evidence of guilt, and the mere fact of its existence does not confirm a person’s guilt. However, it can create many difficulties by restricting border crossings, access to financial services and other free movement.

Legal Grounds for Removing an Interpol Red Notice

It is possible to remove a red notice if you have a valid legal reason to do so. The legal basis for removing a notice is political, military, religious or racial motivation of the case. Interpol’s charter expressly prohibits the organization from being used to prosecute on such grounds, and this is enshrined in Interpol’s rules and regulations. If a notice is issued in violation of this principle, it may be challenged and revoked.

In addition, human rights violations by the country that initiated the request may also be grounds for quashing the notification. For example, if the evidence against the accused was obtained illegally. Also, if the request is in the nature of systematic persecution of a person for his or her views or activities. Another reason for the removal of a red notice is non-compliance with the basic principles and objectives of Interpol, among which neutrality and respect for the rights of the individual prevail. In cases where it is proven that the notice is aimed at harassment or retaliation, it can be removed through official mechanisms.

The Role of the Commission for the Control of Interpol’s Files (CCF)

The Commission for the Control of Interpol Files (CCF) is an independent body that ensures the protection of human rights and control over the data that Interpol collects and processes. The CCF reviews all appeals related to the removal of red notices and assesses them for compliance with Interpol’s norms and principles. One of the main objectives of the commission is to ensure fairness and neutrality in the international legal order. 

The CCF complaint procedure is organized to ensure maximum confidentiality. A request for the removal of a red notice is submitted in writing, accompanied by documentary evidence of a violation of the Interpol Charter and other norms. The Commission scrutinizes all the information provided by the applicant and assesses its reliability and compliance with the basic principles of Interpol’s work. After analyzing the submitted data, the CCF makes a decision based on which the notification can be removed or left unchanged. However, the process may take several months, as the commission considers each case individually and in compliance with the necessary procedures.

Steps for Submitting a Request to Remove a Red Notice

Removing an Interpol red notice requires a thoughtful approach and a high level of knowledge of international law. The first step is to collect all possible evidence that shows that the notice was issued in violation. Such evidence may include official opinions, legal expertise and other documentary evidence. For example, information about political motivation of the case or abuse by law enforcement agencies.

The next step is to prepare an application to the CCF. In the application, clearly and consistently state the reasons why the notice should be removed. Filing a complaint with CCF requires the involvement of a qualified attorney to increase the chance of success. An attorney will fully assist you in preparing all documents and drafting the application. Also, when drafting the application should avoid making mistakes that can delay the procedure of consideration and decision-making. Properly drafted statement should contain not only arguments in favor of the annulment of the notice, but also specific references to the principles and norms violated in a particular case.

After submitting an application to the CCF, you should wait for a response and be prepared to provide additional information or documents if the commission requests it. A decision can be made only after the commission has reviewed all case files and is satisfied that the notice should be removed. If the CCF decides to remove the red notice, Interpol informs all participating states and the notice is considered canceled. In case of rejection, it is possible to resubmit the request by submitting new evidence or refuting the reasons for rejecting the previous request.