ARTICLE
28 August 2024

What Is An INTERPOL Orange Notice And Can It Be Challenged?

G
Gherson

Contributor

Founded in 1988 by Roger Gherson, Gherson Solicitors LLP was first established as a boutique immigration law firm based in London. Now servicing clients across all areas of immigration, international protection and human rights, white collar crime, sanctions, and civil litigation and arbitration, Gherson LLP’s offices continue to expand across Europe.

With over 35 years of experience, Gherson’s expertise extends from meeting the migration needs of international business people and UK-based companies to litigation in all UK jurisdictions and the European Court of Human Rights and the European Court of Justice.

INTERPOL's Red Notice, widely known and often controversial, is not the only notice issued by the organization. The Orange Notice, for example, warns of potential public safety threats. While not publicly accessible, Orange Notices can be inquired about and require legal expertise for understanding and potential challenges.
United Kingdom Criminal Law
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The INTERPOL Red Notice receives a lot of publicity, whether in the news or in commentary, and both good and bad. However, this is not the only notice that the INTERPOL can issue.

The INTERPOL Red Notice receives a lot of publicity, whether in the news or in commentary, both good and bad. However, this is not the only notice that INTERPOL can issue.

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 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.

There is a multitude of notices that can be issued by Interpol, one of which is the Orange Notice, which is used to warn law enforcement agencies worldwide about criminals or criminal activities that pose an imminent threat to public safety or national security. This blog provides further detail on the nature and features of an Orange Notice and whether it can be challenged.

What is the purpose of an Orange Notice?

The INTERPOL Orange Notice is used to warn and provide information about potential threats from individuals, objects, or events that could harm public safety, security, or health.

The aim of INTERPOL's Orange Notices is to help the global international community to avoid, prepare for and respond to threats, protecting global citizens' safety and security.

Who can issue an Orange Notice?

Orange Notices are issued by INTERPOL (International Criminal Police Organisation).

What is the intended audience of an Orange Notice?

Law enforcement agencies, immigration and border control authorities, and other authorised organisations normally receive information pertaining to an Orange Notice.

Who is able to access an Orange Notice?

Access to an Orange Notice is restricted to authorised organisations and law enforcement agencies. INTERPOL's Orange Notices are not generally available to members of the public. However, if you believe you may be subject to an INTERPOL Orange Notice or want to check whether an Orange Notice has been issued, you can contact INTERPOL to enquire about any information they may have on file about you. It is recommended that legal expertise is sought before you engage in communication with INTERPOL.

Can Orange Notices be challenged?

Generally, challenges to Orange Notices are not applicable, as such notices are warnings of potential threats to the members of the public, rather than accusations. However, it is advisable to seek expert legal advice to understand the nature of an Orange Notice, if one has been issued. This is particularly relevant if an individual who receives an Orange Notice believes that it infringes on their rights. Legal expertise is required to understand INTERPOL's Rules on the Processing of Data ("RPD") and INTERPOL's Constitution (the "Constitution"), that underpin such notices.

How Gherson can help

Those who fear that they may be subject to INTERPOL measures, including a Red, Blue or an Orange 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:

  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):

What is the purpose of an INTERPOL Blue Notice, and can it be challenged?

What is an INTERPOL Blue 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.

Originally Published 15 MAy 2024

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.

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