INTERPOL Red Notice: What It Is and How to Defend Yourself Against Abuse
- 21 ore fa
- Tempo di lettura: 17 min
In this article, we aim to explain clearly what an INTERPOL Red Notice is, how it is circulated, and which domestic and international legal rules govern its use.
We will also try to provide clear answers to some of the most frequently asked questions we receive from individuals who have been arrested pursuant to an international arrest warrant or who are the subject of an INTERPOL Red Notice.
As a preliminary point, it is important to clarify that the legal framework governing INTERPOL matters is extremely complex and varies significantly depending on the country in which the individual is arrested and the country that requested the publication or circulation of the Red Notice.
Accordingly, in this short guide we will limit ourselves to providing general information and an overview of the main legal issues involved.
If you need a legal assessment of your personal situation or of a specific case, please email us at info.avvocatodelgiudice@gmail.com. You will be contacted promptly to arrange a consultation with the lawyers of our firm experienced in INTERPOL Red Notice and international extradition matters.
Table of Contents
How can I find out whether an INTERPOL Red Notice has been issued against me?
5.1 Check the INTERPOL website.
5.2 Ask the police.
5.3 Submit a request to the Commission for the Control of INTERPOL’s Files (CCF).
5.4 What are the admissibility requirements for a request?
5.5 What information should I include in a request to the Commission?
5.6 Requesting the deletion of information from INTERPOL’s files.
1. What is INTERPOL?
INTERPOL is an international organization established in 1923 with the aim of coordinating the police forces of different countries in the prevention, investigation and suppression of crime.
INTERPOL is therefore not an international police force. It does not conduct criminal investigations and has no power to order arrests or detentions. Rather, it is an organization that supports and facilitates cooperation between law enforcement authorities in different countries.
How does INTERPOL operate?
First of all, by making the information contained in its records and databases available to its member countries.
More specifically, INTERPOL connects police forces across almost the entire world and enables them to share information in real time concerning wanted persons, including individuals who are subject to an arrest warrant, another form of judicial measure, or a final criminal conviction.
Through this system of international police cooperation, information concerning a wanted person can therefore be circulated rapidly among the competent authorities of INTERPOL member countries.
2. What is an INTERPOL National Central Bureau?
An INTERPOL National Central Bureau (“NCB”) is a national police department in each member country responsible for exchanging information with INTERPOL and with the National Central Bureaus of other countries.
In Italy, the NCB operates within the Central Directorate of the Criminal Police and is based in Rome.
3. What is an INTERPOL Red Notice?
An INTERPOL Red Notice is an alert circulated by INTERPOL at the request of a national law enforcement authority, usually through the relevant National Central Bureau (NCB).
The notice is recorded in INTERPOL’s databases and can be accessed by law enforcement authorities around the world.
The purpose of an INTERPOL Red Notice is to locate a person wanted by a particular country and request their provisional arrest pending extradition proceedings.
In other words, through a Red Notice, law enforcement authorities worldwide are effectively requested to locate and, where permitted under their domestic law, provisionally arrest the person whose details appear in INTERPOL’s databases.
An INTERPOL Red Notice generally contains the identifying details of the wanted person, including their name, surname, date of birth, nationality and photograph, together with a brief description of the allegations for which the person is wanted, the criminal offences involved, and the sentence that may be imposed or that has already been imposed following a criminal conviction.
4. Can I travel if I am the subject of an INTERPOL Red Notice?
If an INTERPOL Red Notice has been issued against you, there is a serious risk that you may be arrested, regardless of whether you are at home or travelling abroad.
In many countries, border police may take action against individuals who are the subject of an INTERPOL Red Notice. You could therefore be stopped and arrested, for example, when entering a country through an airport or another border crossing.
Furthermore, in several countries, including Italy, hotels, B&Bs and other accommodation providers are required to transmit their guests’ identifying details to the national police authorities.
These details may be checked against national and international police databases. As a result, if an INTERPOL Red Notice is active against you, there is a significant risk that the competent authorities may identify your presence and arrest you within a short period of time.
5. Can I find out whether an INTERPOL Red Notice has been issued against me?
Yes. If you believe that you may be the subject of an INTERPOL Red Notice, there are three main ways to try to find out.
Let us examine each of them in more detail.
5.1 Check the INTERPOL website
First of all, you can search the “Wanted Persons” section of the INTERPOL website at the following link:
However, you should be aware that only a portion of all INTERPOL Red Notices is published on the website.
According to figures provided by INTERPOL, publicly available Red Notices — those that can be searched on its website — represent only a limited proportion of the total number of Red Notices circulated through INTERPOL’s systems.
Therefore, the fact that your name does not appear in the “Wanted Persons” section does not necessarily mean that no Red Notice exists against you.
If, on the other hand, your name does appear in the “Wanted Persons” section and you wish to obtain more detailed information about your case, you should consider one of the procedures described below.
5.2 Ask the police
In some cases, individuals who believe that they are the subject of an INTERPOL Red Notice have been able to obtain further information by contacting the police authorities in the country where they live.
This is essentially an informal procedure and does not necessarily require the assistance of a lawyer or the involvement of a judicial authority.
However, the police may refuse to provide information, for example because they are not authorised to disclose information contained in INTERPOL systems or because access to the relevant data is restricted.
Moreover, if the national police inform you that they have no information concerning you, this does not necessarily mean that no information exists within INTERPOL’s databases.
It may simply mean that the local authority you contacted does not have access to the relevant INTERPOL data concerning your case.
Another possibility is to submit a formal request to the competent national authorities under the data protection legislation applicable in the country where you live.
For example, within the European Union, individuals have certain rights of access to personal data held by public authorities.
However, data protection legislation also provides specific exemptions and restrictions in the field of law enforcement and criminal investigations. These restrictions may prevent you from obtaining precisely the information that you are seeking.
For this reason, it may be advisable to consult a lawyer in the country where you live before submitting such a request.
5.3 Submit a request to the Commission for the Control of INTERPOL’s Files
If you wish to obtain access to information concerning you that may be stored in INTERPOL’s files, you can submit a request to the Requests Chamber of the Commission for the Control of INTERPOL’s Files (“CCF”).
The CCF is an independent body responsible for ensuring that the processing of personal data by INTERPOL complies with INTERPOL’s Constitution, rules and regulations.
The CCF is composed of two chambers: the Supervisory and Advisory Chamber and the Requests Chamber.
The Requests Chamber is responsible for examining individual requests for access to, correction of, or deletion of information processed through INTERPOL’s systems.
It is composed of five members with legal expertise. Its composition is intended to ensure specific experience in areas including international police cooperation, judicial matters, data protection, international criminal law and human rights.
Any request submitted to the CCF must satisfy the applicable admissibility requirements.
Requests may be addressed to:
Commission for the Control of INTERPOL’s Files (CCF)200 Quai Charles de Gaulle69006 LyonFrance
When corresponding by post, it is important to clearly indicate that the correspondence is intended for the CCF Requests Chamber.
This is particularly important because INTERPOL’s General Secretariat is located at the same address. Correspondence intended for the CCF should therefore be clearly identified as such.
5.4 What are the admissibility requirements for a request?
The Commission will examine your request only if it satisfies the applicable admissibility requirements.
Further information concerning admissibility requirements can be found on INTERPOL’s official website.
In general, the request must satisfy a number of formal requirements before it can be examined by the Commission. In particular:
it must be signed by the applicant;
it must be submitted in one of the working languages accepted by the Commission, namely Arabic, English, French or Spanish;
it must clearly state the purpose of the request, for example whether you are seeking access to information, correction of data or deletion of information from INTERPOL’s files;
it must be accompanied by a copy of an official identity document containing the essential information required to identify the applicant, including their full name, date of birth and photograph.
All information submitted must be clear and legible, and the supporting documentation should enable the Commission to identify the applicant without ambiguity.
5.5 What information should I include in my request to the Commission?
When submitting a request for access to personal information contained in INTERPOL’s files, it is advisable to specify that the request is being made pursuant to Article 18 of the Rules on the Processing of Data and Article 29 of the Statute of the Commission for the Control of INTERPOL’s Files.
These provisions establish your right to submit such a request.
You are not required to justify or explain why you wish to obtain access to information concerning you.
However, it may be useful to include a brief explanation of why you believe that you are the subject of an INTERPOL Red Notice and, where possible, to attach copies of any documents suggesting that INTERPOL may hold information concerning you.
If you are facing extradition proceedings, are currently detained, or there are other serious reasons why the Commission should deal with your request as a matter of urgency, these circumstances should be clearly highlighted in your application.
Will the Commission share the information I provide with the authorities of the country seeking me?
As a general rule, information provided to the Commission is treated confidentially.
However, if you do not want certain information to be disclosed to the National Central Bureau (“NCB”) of the country seeking you, you should expressly state this when submitting your request to the Commission.
The Commission may nevertheless need to share at least some basic information with the relevant NCB in order to process your request.
At a minimum, this may include:
your identifying details;
the fact that you have submitted a request for access to information contained in INTERPOL’s files.
Understandably, many individuals are concerned that the disclosure of such information to the relevant authorities could attract unwanted attention.
Will I receive a response? How long will it take?
If your request satisfies the admissibility requirements, the CCF will send you an initial acknowledgement confirming that your application has been received and is admissible.
The communication will generally state that the Commission has received your request, that the required documentation has been provided, and that you will be informed of further developments in due course.
The Commission will remain your point of contact throughout the entire procedure.
Under the applicable rules, the Commission must acknowledge your request as soon as possible. Once the request has been received, the Requests Chamber will inform you within one month whether it is admissible.
Is the CCF required to grant me access to INTERPOL’s files?
Access to information contained in INTERPOL’s files is possible, but it is subject to certain limitations.
According to INTERPOL’s rules, the information contained in its files remains under the control of the National Central Bureau that supplied the data.
The relevant NCB may ask the CCF not to disclose certain information or, in some circumstances, not to confirm whether information concerning you is held in INTERPOL’s files.
However, such restrictions must be supported by legitimate reasons. These may include:
protecting public or national security or preventing crime;
protecting the confidentiality of an investigation or judicial proceedings;
protecting the rights and freedoms of the applicant or of third parties;
enabling the Commission or INTERPOL to perform its functions properly.
The absence of sufficient grounds for refusing disclosure does not necessarily mean that the information will automatically be provided to you without the consent of the relevant NCB, nor does it automatically result in the deletion of the information.
When can I expect a final decision?
The Commission for the Control of INTERPOL’s Files generally has four months from the date on which a request for access has been declared admissible to reach its decision.
Once the decision has been made, the CCF generally has one further month to notify the applicant of the outcome.
5.6 Requesting the deletion of information from INTERPOL’s files
“I know that INTERPOL holds information about me. How can I have it deleted?”
According to INTERPOL, there are several possible ways to seek the removal of information concerning you from its files.
First, you may ask the authorities of the country that requested the Red Notice to withdraw the information. Each country has its own laws and procedures, and it may therefore be necessary to obtain legal advice from a lawyer practising in that jurisdiction.
Second, you may ask the authorities of the country in which you live to contact INTERPOL and request the removal of your information from its databases. This route is relatively uncommon, and you may need the assistance of a local lawyer to determine whether it is a realistic option in your case.
Finally, you may submit a request directly to the CCF asking for the deletion of the information concerning you, provided that your application satisfies the admissibility requirements described above.
I am considering asking the CCF to delete my Red Notice or Diffusion. Should I submit an access request first?
Although doing so may increase the overall length of the procedure, it can sometimes be useful to submit an access request before applying for deletion.
The information disclosed by the CCF may help you understand the basis of the case against you and allow you to prepare more specific and effective arguments when challenging the lawfulness of the information recorded in INTERPOL’s systems.
If you have been formally recognised as a refugee, you should consider mentioning this fact and providing evidence of your refugee status when submitting your request.
Should I submit the request to the CCF myself or instruct a lawyer?
INTERPOL’s rules and procedures are complex.
For this reason, it is generally advisable to seek assistance from a lawyer with experience in challenging INTERPOL Red Notices and Diffusions before the Commission for the Control of INTERPOL’s Files.
INTERPOL itself does not provide legal assistance to individuals seeking to challenge a Red Notice or Diffusion.
If you are unable to obtain legal representation, however, it is possible to submit a request to the CCF personally.
What rules will the CCF apply when deciding whether information should be deleted from INTERPOL’s files?
There are several fundamental provisions that may be relevant when seeking the deletion of information from INTERPOL’s systems.
These include:
Article 3 of INTERPOL’s Constitution, which provides that it is “strictly forbidden” for INTERPOL to undertake any intervention or activities of a political, military, religious or racial character;
Article 2 of INTERPOL’s Constitution, which requires the Organization to act in the spirit of the Universal Declaration of Human Rights;
the Rules on the Processing of Data (“RPD”), which contain detailed provisions governing Red Notices, Diffusions and the processing of information within INTERPOL’s systems. These rules constitute one of the principal legal frameworks applied by the CCF;
the specific INTERPOL policy applicable to individuals who have been recognised as refugees under the 1951 Convention relating to the Status of Refugees.
What kind of arguments can I raise under Article 3 of INTERPOL’s Constitution?
INTERPOL has published a Repository of Practice explaining how Article 3 of its Constitution is interpreted and providing examples of circumstances in which a Red Notice or Diffusion may be considered predominantly political in nature.
When assessing whether a Red Notice complies with Article 3, INTERPOL considers the political aspects of the case alongside its ordinary criminal-law aspects and assesses which elements are predominant.
If you believe that the case against you is politically motivated, you should therefore draw the Commission’s attention to all the political circumstances surrounding your case.
It may be useful to organise your submissions under the following headings, which reflect the criteria considered by INTERPOL.
The nature of the offence: the charges and the alleged facts
In this section, you should explain the offence of which you are accused and why you believe that the allegations have a political character.
For example, if you are accused of organising a riot but maintain that you were actually participating in or organising a peaceful demonstration for a political cause, you should explain those circumstances in detail.
Where possible, attach supporting evidence such as video recordings, witness statements, court documents or press reports.
The status of the person concerned
In this section, you should explain who you are, with particular attention to any relevant political role or status.
If you are a political figure, activist, opposition member or otherwise involved in political activities, this should be explained and, where possible, supported by documentary evidence.
If you have a history of conflict with the authorities of the country that requested the Red Notice, this may also be relevant.
For example, if you have participated in political campaigns, public protests or other activities that have brought you into conflict with the authorities, you should describe these circumstances and attach supporting evidence where available.
If you have been formally recognised as a refugee, you should also state this clearly, as INTERPOL has a specific policy that may apply to your case.
The identity of the source of the data
In this section, you should explain why you believe that the country that supplied the information to INTERPOL is seeking your arrest for political reasons.
For example, if the requesting country has a documented history of prosecuting or repressing members of a political movement to which you belong, this may be relevant.
Where possible, your arguments should be supported by independent evidence, such as reports published by Human Rights Watch, Amnesty International, United Nations bodies or reputable local and international human rights organisations.
The general context of the case
Finally, you should provide any other information that may demonstrate the political context surrounding the proceedings against you.
In particular, if the requesting country has previously sought your extradition and that request was refused because the proceedings were considered politically motivated, this is highly relevant and should be brought to the attention of the CCF.
Where possible, you should attach a copy of the relevant judicial decision.
Likewise, if the criminal proceedings against you have received media attention, or if human rights organisations have expressed concerns that the prosecution may be politically motivated, this material should also be submitted to the Commission as supporting evidence.
What kind of arguments can I raise under Article 2?
Article 2 of INTERPOL’s Constitution requires the Organization to take human rights into account when processing and circulating Red Notices and Diffusions.
The precise scope of this provision is not always straightforward, and it may therefore be useful to consider previous decisions and practice of the CCF when preparing a request.
Depending on the circumstances of your case, you may wish to address the following issues.
Political considerations
If you believe that the criminal charges against you are politically motivated because of your past or present political connections, it may not be sufficient simply to argue that the charges followed a change of government or other political developments, even if you have no previous criminal record.
In such cases, it may be useful to provide evidence showing that courts, international bodies or other competent authorities have previously identified political interference, corruption or serious rule-of-law concerns in the country seeking your arrest.
Particularly relevant may be decisions finding violations of the right to a fair trial or concluding that the conduct of the requesting State is inconsistent with international or regional human rights standards, including, where applicable, the European Convention on Human Rights.
Freedom of expression and freedom of assembly
If you are a journalist, political activist or other public figure and the existence of a Red Notice is restricting your ability to speak freely, travel, participate in events or engage in public activities, you should explain this clearly.
Where possible, provide documentary evidence. This could include, for example, letters or official decisions showing that you were refused entry into a country because of an INTERPOL Red Notice.
Risk of torture
If you believe that you would face a real risk of torture or other serious ill-treatment if returned to the country seeking your arrest, this should be expressly raised.
Where possible, you should support your position with objective evidence.
Relevant material may include reports issued by international organizations, courts or human rights bodies showing that individuals in circumstances similar to yours — for example, members of a particular ethnic group, political party, religious group or social category — face a risk of torture or serious ill-treatment.
If you have already been granted protection against removal to your home country because of such a risk, you should provide evidence of that decision.
This may include, for example, subsidiary protection granted within the European Union or protection under the Convention against Torture in another jurisdiction.
If a significant period of time has passed since that decision, you should also explain why you believe that the risk continues to exist.
Other potentially relevant evidence may include a decision of the United Nations Committee against Torture concerning your circumstances or a judicial decision refusing your extradition because of the risk that you would be subjected to torture.
Evidence obtained through torture
If you believe that evidence being used against you in the criminal proceedings was obtained through torture or other serious ill-treatment, you should explain the basis for that allegation.
For example, if you know that a witness was beaten, threatened or otherwise coerced into giving evidence against you, you should provide any available supporting material.
This could include medical records, witness statements, press reports or reports issued by recognized human rights organizations documenting the use of torture or coercion.
Death penalty
If you have been sentenced to death, or if you are accused of an offence for which the death penalty may be imposed, this is an important circumstance to bring to the attention of the CCF.
The existence of the death penalty does not necessarily mean that a Red Notice or Diffusion will automatically be deleted in the case of an adult.
However, if you were under the age of 18 at the time of the alleged offence, this should be clearly highlighted in your request.
What can I do if the CCF rejects my request?
There is no ordinary appeal against a decision of the Commission for the Control of INTERPOL’s Files.
If you submit a further request concerning the same case, the CCF will generally reconsider its previous decision only where you are able to bring a genuinely new fact to its attention.
The new fact must be such that, had it been known to the CCF when it considered the original request, it could reasonably have led to a different conclusion.
A request for revision based on new facts must generally be submitted within six months from the date on which the applicant became aware of those facts.
My Red Notice or Diffusion has been deleted. What should I do now?
As a general rule, when a Red Notice or Diffusion is deleted, INTERPOL member countries are informed of the deletion and are requested to remove any corresponding information that may previously have been downloaded or stored in their systems.
If you have not been expressly informed that this has been done, it may be advisable to contact the CCF again and ask for written confirmation.
My Red Notice has been deleted. Can I now travel freely?
Even if your Red Notice has been deleted and INTERPOL member countries have been informed, some practical risks may remain.
Information originally circulated through INTERPOL may already have been downloaded, copied or incorporated into national police, immigration or border-control databases.
Therefore, even if INTERPOL deletes the information from its own systems and asks member countries to do the same, this does not necessarily guarantee that every copy of the information has immediately been removed from all national or local databases.
For this reason, there may still be a risk that you could be stopped or even arrested when crossing a border or when your passport details are checked by local authorities.
When travelling, it may therefore be useful to carry a copy of the official letter confirming that the Red Notice or Diffusion has been deleted.
In some cases, the CCF may also issue correspondence confirming that no data concerning you is currently recorded in INTERPOL’s systems.
Such confirmation may be particularly useful if you are concerned that a previously deleted Red Notice could continue to cause difficulties during international travel.
If you do not automatically receive this confirmation following the deletion of your data, you may consider requesting it directly from the Commission.
Did you find this article useful? Do you need further information or would you like to clarify any issue concerning an INTERPOL Red Notice?
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The law firm of Salvatore del Giudice provides legal assistance in criminal law matters throughout Italy, including cases involving extradition, international arrest warrants and INTERPOL Red Notices.
The firm’s main office is located in Naples, at Via Francesco Caracciolo 10.
If you wish to arrange a consultation, either in person or remotely, you can contact our office at +393922838577 or email us at info.avvocatodelgiudice@gmail.com.