How do I know if I'm subject to a RED NOTICE?
When a member state requests INTERPOL to publish data on a suspect or convicted person, INTERPOL sends this data internally to every member state's database. There is a publically available list. However, sometimes the requesting member state expressly requests that the suspect or convicted person's data are not also published on the publicly available list, found here.
The first step is to check the public list. However, enquiries can be made to INTERPOL to establish whether you are on the private list, although expert advice should be sought before doing so as this risks disclosing your location to the requesting member state.
Further, INTERPOL are not necessarily obliged to disclose whether they hold data on you. Gherson have extensive experience in dealing with these sorts of enquiries.
I'm now going to outline briefly four ways to challenge a RED NOTICE.
The first way to challenge a Red Notice is through challenging the validity of a Red Notice. The INTERPOL rules state that the offence must be "a serious ordinary-law crime". As such, Red Notices must not be issued for private or civil disputes. There are also provisions relating to the length of the applicable sentence. INTERPOL retains some discretion here, so this challenge may be the weakest route of challenge, though it remains a potential route to recourse.
The second way to challenge a Red Notice is through another provision of the rules, which prescribes that sufficient details must be 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 ample scope to make your case through representations to INTERPOL to explain why the threshold may not have been met.
The third way to challenge the validity of a Red Notice is to argue that mutual assistance with the requesting member state's request is not "in the spirit" of the Universal Declaration of Human Rights. This could involve, for example, proving that the requesting state will not offer the individual a fair trial in accordance with Articles 6 and 10 UDHR.
The fourth route to challenge the validity of a Red Notice is through Article 3 of the Constitution. Article 3 details that "it is strictly forbidden" for INTEPOL "to undertake any intervention or activities of a political, military, religious or racial character".
There is no strict "best way" to challenge an INTERPOL Red Notice request, rather the strategy for challenging the Red Notices must be carefully considered in the context of the request and the specific factual nexus. Gherson is able to offer expert legal advice if you have, or you fear you may have, an outstanding INTERPOL Red Notice request.
Originally published 20 Sep 2021
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.