A Red Notice facilitates cooperation between international law enforcement agencies (Interpol has the largest membership among global organizations) to locate criminal offenders across borders. A Red Notice is not an arrest warrant, nor is it a “wanted” notice as it is sometimes colloquially referred to, although in practice, individuals on a Red Notice list are often detained if identified in any country. In many cases, individuals on the Red Notice list are released if their legal representatives promptly prove to local authorities that the notice was issued by mistake or for reasons unrelated to criminal offenses. Thus, it is crucial for individuals on the Red Notice list to have legal support available, until Notice is revoked, and often for a period afterward, as their name may remain in local law enforcement systems for some time.
As noted, most Red Notices are posted on Interpol’s website, with around thousands in circulation. However, it is believed that some Red Notices are not publicly disclosed, as Interpol may aim to increase the likelihood of detainment at borders or during routine checks soon after issuance. While this cannot be confirmed with absolute certainty, it is considered likely.
To determine if a client is listed on any undisclosed notice, their attorney must contact the Commission for the Control of Interpol’s Files (CCF). Although this process can be lengthy, Interpol will respond to valid requests, informing the attorney whether the individual is on any notice and specifying which one. This process does not reveal the person’s location, as Interpol will not attempt to obtain such information from the attorney. If a valid notice exists, establishing an attorney-client relationship is beneficial, as Interpol will notify the attorney if the notice is later rescinded.
Red Notices are issued by Interpol’s General Secretariat upon requests from national Interpol bureaus in the respective country. Although Red Notices must be reviewed by the national bureau and by the General Secretariat, some countries occasionally request Red Notices with malicious intent. This often happens when a country seeks to extradite someone based on politically motivated charges, typically involving members of various groups or movements that openly oppose their governments. These individuals can often move freely in most countries, where the allegations against them are considered unfounded. However, if they are in a country willing to extradite them, their home country may use a Red Notice to detain them. For such individuals, maintaining constant communication with an attorney is crucial to prevent potential extradition in time.
Another type of maliciously issued Red Notice involves cases where the notice is solely intended to impede the individual’s life. The issuing country may not seek extradition but aims to have the person detained and held for a time in a foreign country, effectively sending a message of discontent regarding their activities. Unfortunately, these individuals must also have continuous access to an attorney, as hiring one preemptively is more manageable than finding one after being detained.
An even greater challenge for individuals who may be sought outside their home countries, and another reason to engage a law firm experienced in working with Interpol, is the existence of Diffusions. Diffusions are notices issued directly by member states without submitting them to the General Secretariat. These notices are not published and are often sent only to neighboring countries or countries where the sought individual may be located. Although Diffusions carry a lower degree of urgency than formal notices, they can be more challenging to contest legally, as they are not public and there is no entity to appeal to, like the CCF for General Secretariat notices.
We understand that establishing a trusting relationship with the client and thoroughly understanding the case are essential. This is challenging if the client contacts us only upon detention, so we recommend hiring an attorney immediately if you suspect you are listed on any Notice or Diffusion.
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In most situations, the primary approach to removing individuals from Interpol’s lists is to demonstrate that the notice was maliciously issued, that the individual lacks information sought by Interpol, or that they are unrelated to the case. If a connection exists between the individual and the alleged offense, the next step is a case analysis to assess if the issuing country may withdraw the notice. Concurrently, proceedings before Interpol are initiated to argue that any suspicion does not warrant inclusion on Interpol lists. Success rates vary by case, but experience shows that most clients can be assisted, given that many notices in circulation can be successfully contested through valid legal arguments grounded in international law, domestic law, or international conventions, including grounds for violation of human rights.
For further information please contact us at privilegedandconfidential@lac.ae.