People rarely encounter Interpol and their knowledge of this organization is based on popular movies where international police are searching for dangerous criminals around the world. Therefore, it is quite logical to assume that if a person comes across the news that he is included (or may be included) in the wanted list, and a “red notice” has been issued by Interpol against him, then such information may cause panic.
The truth is that after such news, you really will face numerous legal procedures, for which it is better to prepare in advance. And you need to understand that you still have a chance to protect your rights and regain complete freedom.
Interpol is not a top-secret organization dedicated exclusively to the salvation of humanity. Interpol’s tools are designed to find and arrest all kind of criminals. In practice, you can often find cases where law enforcement agencies try to use Interpol for other purposes, for example, pursuing politically objectionable people. Human rights activists especially accuse Russia, China and the UAE of such abuses.
If you have even the slightest reason to believe that this topic may directly affect you (for example, if you engage in “politically sensitive” activities or are somehow involved in international disputes), then it is better to take precautions in advance.
First, you should check whether your data is included in the Interpol database. However, the public website lists much, but not all, of the information, so it is best to be on the safe side and request the most current information through a specialized request.
If you are sure that you have not been put on the international wanted list by Interpol, but there is every reason to believe that this will be done in the near future, then you can contact Interpol with a preventive request to protect your rights.
When you are already on the “list of international fugitives,” then you already need to take the entire range of protection measures.
The greatest threat to personal freedom is Interpol Red Notices. This international criminal police organization maintains a single database into which information is entered with marks of different colors depending on their purpose.
Information marked in red is the entry of which was initiated by a country for the purpose of criminal prosecution of individuals. The notice itself is not the same as an arrest warrant. In essence, this is only a request to notify the initiating state that the person has been found (for subsequent international cooperation and initiation of a request for the extradition of this person).
To initiate the process of entering information into the database, an Interpol member country sends to the General Secretariat an arrest decision made in accordance with national legislation, which is assessed for compliance with generally accepted standards and rules, with particular attention to the nature of the crime.
According to the Constitution of the ICPO-INTERPOL, its tools cannot be used to search for persons on political, military, racial or religious grounds; cannot violate human rights enshrined in the Universal Declaration; and should be aimed only at searching for criminals who have committed ordinary crimes, punishable by imprisonment for a period of at least 2 years, or sentenced to serve a sentence of imprisonment for a period of at least 6 months.
If in your case there is at least one violation of the listed conditions, then you can challenge the “red notice”.
https://www.interpol.int/Who-we-are/What-is-INTERPOL/INTERPOL-Five-actions-for-a-safer-world
Interpol Defense.
We advise you to start with a detailed discussion of the action plan with a specialist who understands the intricacies of international law, and better yet, already has experience in matters of interaction with Interpol. The developed strategy should be followed throughout the entire process, since any changes to your position will most likely be considered against you.
Therefore, it is extremely important to take the choice of a lawyer seriously at the very beginning, discuss all the details openly with him, honestly inform him of any difficulties that may arise later, and discuss all the options of protection that are suitable for you, including asking for political asylum.
To challenge a “red notice” you need to send a request to a specially created independent body – the Commission for the Control of Interpol Files (CCF).
The official website specifies the mandatory requirements, including the language in which such a request must be made. Providing evidence to the Commission, such as documents confirming the political context of the allegations and human rights violations in the requesting country, is also crucial.
You may also point out that the request does not contain sufficient information (e.g. a brief and clear description of the criminal act; laws governing the offense; maximum possible penalty; reference to a valid arrest warrant or judgment). This could be a good additional argument.
In some cases (not always), bringing your case to the attention of the media and the support of NGOs can help by providing an additional layer of protection.
History knows many examples when it was actually possible to remove information about oneself from the Interpol database.
For example, in 2013, the Tverskoy Court of Moscow decided to arrest the head of the British investment fund Hermitage Capital, William Browder. He was accused of fraud and causing damage to the Russian budget amounting to about two billion rubles. The businessman managed to prove the political nature of the persecution and the Commission, after considering his request, decided to remove all information from the Interpol database.
A similar decision was made in the case of the leader of “Nasha Partiya” Renat Usatii, where it was about the charge of assassination of the banker German Gorbuntsov, which was brought forward by the Moldovan prosecutor’s office. The CCF decision said: “retaining the disputed data may adversely affect the neutrality of the organization (Interpol) as there is a significant risk that the organization will be perceived as facilitating politically motivated activities, which could lead to a dispute between two Interpol member countries.”
Thus, there are various options for protecting your rights, both preventively and when you have already been detained on the basis of a “red notice”.
If you require legal support, you can always contact our lawyers specializing in this area, who are ready to offer individual advice and representation tailored to the specifics of your case.
Recommended reading:
- Fair Trials International is an organization that works around the world to fight unfair criminal charges and reform the criminal justice system. They offer specific recommendations for dealing with Interpol notifications.
Website: https://www.fairtrials.org
- Redress. The focus is on seeking justice and redress for victims of torture, including those who may be targeted internationally through Red Notices.
Website: https://www.redress.org
- Human Rights Watch provides support and protection for individuals experiencing human rights violations, including improper Interpol notifications.
Website: https://www.hrw.org
- Amnesty International offers resources and advocacy for people whose rights are at risk due to Interpol notifications.
Website: https://www.amnesty.org
- Open Dialogue Foundation advocates for human rights, democracy and the rule of law, with a particular focus on post-Soviet states, but also fights inappropriate Interpol notifications.
Website: https://en.odfoundation.eu
- Freedom House is an independent watchdog organization dedicated to promoting freedom and democracy around the world, including legal action against abuses of international law enforcement mechanisms.
Website: https://www.freedomhouse.org
- Freedom is a human rights group that challenges injustice, defends freedom and campaigns for fair treatment of all people in the country.
Website: https://www.libertyhumanrights.org.uk
- Interpol’s Control Commission for Files (CCF) is an independent body responsible for ensuring that all data processing by Interpol complies with its rules and regulations. Individuals can petition the CCF to remove unfair or inaccurate data, including Red Notices.
Website: https://www.interpol.int/
What is an Interpol notice?
An Interpol Notification is an international alert used by Interpol to communicate information about crimes, criminals and police threats in a member country to their counterparts around the world. The most well-known type is a Red Notice, which is a request for the location and temporary arrest of a person awaiting extradition.
Are Red Notices international arrest warrants?
No, Red Notices are not international arrest warrants. These are alerts that allow member countries to assist in the search and temporary detention of individuals until extradition can be arranged. Red Notices are based on existing national arrest warrants.
Can anyone issue a Red Notice?
Only the Interpol General Secretariat can issue a Red Notice at the request of a member country. This request must be supported by sufficient legal documentation, including a valid arrest warrant, and must comply with INTERPOL rules and standards.
How can I find out if I have a Red Notice?
Individuals can request access to data that INTERPOL may have about them by submitting a formal application to INTERPOL’s Control Commission for Files (CCF). Legal representation can help with this process.
What can I do if a Red Notice has been issued against me?
If a Red Notice has been issued against you, it is essential that you seek legal advice immediately. A lawyer can help you understand the notice, explore your legal options, and, if necessary, represent you in proceedings to challenge the notice through INTERPOL’s screening mechanisms.
Can I dispute or remove a Red Notice?
Yes, Red Notices can be challenged through the Interpol CCF. Individuals may submit requests to have data removed by arguing that the notification is invalid under Interpol rules, such as failure to comply with human rights standards or a politically motivated notification.
What reforms has Interpol made to protect against the misuse of Red Notices?
Interpol has introduced several reforms, including stricter vetting processes, to ensure requests comply with its rules, especially regarding political neutrality and respect for human rights. The organization has also made efforts to increase transparency and provide remedies to individuals wishing to challenge a Red Notice.
How do red notices affect human rights?
While Red Notices are important tools for international law enforcement cooperation, their misuse can lead to human rights violations such as unfair detention, lack of due process, and extradition to countries where people may face persecution. Interpol has implemented reforms and security measures to address these issues.
What steps can individuals take to avoid inappropriate Red Notices?
Individuals at risk of political persecution or wrongful accusations should keep detailed records of their activities, seek legal advice to understand their risk profile, and, where possible, contact human rights organizations for support and protection.
Navigating complex Interpol notices, especially Red Notices, requires expert advice and support. Below is a list of resources, including legal aid and advocacy organizations, that specialize in Interpol Notice cases and can provide invaluable assistance to victims.
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