The INTERPOL Red Notice gets a lot of publicity in the news or in commentary, both good and bad.
Indeed, the INTERPOL Red Notice (whilst itself not an arrest warrant) is an invaluable tool in assisting jurisdictions across the world to locate, detain and return individuals suspected to be involved in criminal activity.
However, it is not without criticism. As we have discussed in a previous blog, the theme at INTERPOL's General Assembly in Vienna last year, attended by more than a thousand police and law enforcement officers, has been ensuring that the correct checks are in place to prevent the misuse of the INTERPOL Red Notice.
What is an INTERPOL Blue Notice?
The INTERPOL Blue Notice is used by INTERPOL to collect information about a suspect's identify, location or activities in relation to a criminal investigation. This information can then be used by INTERPOL and relevant local authorities to investigate and potentially track down an individual.
The main difference between a Blue Notice and a Red Notice is that a Blue Notice does not concern the individual's arrest. However, the information gained under a Blue Notice could then be used to escalate the situation and result in the issuance of a Red Notice.
INTERPOL's colour-coded range of Notices
The INTERPOL Red and Blue Notices are not the only tools in INTERPOL's arsenal. In fact, INTERPOL has access to a whole range of colour-coded notices to assist in different scenarios.
In addition to the Red and Blue Notices, INTERPOL can also deploy a Purple Notice for information on modus operandi, Green Notices to provide warnings and intelligence on repeat criminals, and Yellow Notices to help locate missing people.
INTERPOL can also utilise Purple, Black and Orange Notices in certain scenarios and for specific purposes.
How to challenge an INTERPOL Blue Notice
INTERPOL is governed by the Rules on the Processing of Data ("RPD") and the INTERPOL Constitution (the "Constitution"). Effective challenges require an intricate understanding of the RPD and the Constitution, combined with a thorough understanding of each specific factual situation.
What does all this mean – enhanced police cooperation but potential to challenge?
INTERPOL has a diverse range of measures in its arsenal to enable enhanced cooperation, and thus extensively extend its reach and capabilities.
With regards to investigations against individuals, the potential for enhanced information-sharing and potentially easier access to evidence, from a broader scope, may ultimately result in charges against those who are based in the UK, with extradition requests being issued against those based abroad, or INTERPOL Red Notices more readily leading to the initiation of extradition proceedings.
Therefore, if you have conducted business and are worried about liability, if you have unresolved financial matters, including even an outstanding civil dispute, and you fear that you may be subject to INTERPOL measures, including a Red (or Blue!) Notice, expert legal advice should be immediately sought.
How Gherson can help
Those who fear that they may be subject to INTERPOL measures, including a Red (or Blue!) Notice, 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:
- How to best approach a possible INTERPOL red notice;
- Preparing for potential criminal proceedings / an extradition request;
- Preparing for a situation where a civil matter or commercial dispute could be used to initiate bogus criminal proceedings; and
- 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 Red Notice):
What is the purpose of an INTERPOL Blue Notice, and can it be challenged?
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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.