The main purpose Interpol Red Notice – effective international pursuit. This tool has helped to uncover many dangerous criminals and bring them to justice. However, even the Interpol system is vulnerable to abuse and exploitation by totalitarian and authoritarian regimes.
In business, red notices can be used to eliminate competitors abroad by creating barriers to their movement and business operations. Being aware of your rights and seeking timely professional help will protect you from unfair persecution and unpleasant consequences. Our team of experienced lawyers provides a comprehensive range of services to challenging Interpol’s Red Notices.
How is Interpol’s red notices system abused?
Previously, Interpol notices were used for political purposes to persecute and silence opposition politicians, regime critics, human rights defenders, and other undesirable individuals. Requesting countries could provide false information and conceal the political, military, religious, or racial nature of the criminal prosecution, contradicting Interpol’s rules.
Nowadays, such instances are much less common. However, the misuse of red notices can lead to restrictions on freedom of movement and professional damage. Victims of repression can be arrested while traveling abroad, detained, or even extradited.
Another way of abusing Interpol’s tools involves the use of diffusions. Unlike Red Notices, diffusions don’t go through a check by the General Secretariat. Therefore, any country can send out an arrest request in the form of a diffusion and bypass Interpol’s review process. Such actions have been repeatedly noted from Russian authorities. This practice significantly hampers Interpol’s ability to identify abuses and stop these requests.
Let’s consider the main ways of abusing Interpol’s red notices:
- The persecution of political opponents, activists, and human rights defenders. Such notifications are often issued under the guise of fabricated or exaggerated charges to suppress dissent. For example, political opponents may be accused of corruption or other crimes in order to restrict their freedom of movement and isolate them from the international community.
- Economic or commercial pressure on business competitors. Companies or businessmen in conflict with authorities or government organizations can become targets through the issuance of notices aimed at eliminating competition or seizing assets.
- Persecution of individuals belonging to certain religious or cultural groups that face discrimination in their country of citizenship;
- Persecution of journalists and activists who report on cases of corruption, human rights violations, and other controversial topics;
- Manipulation in personal conflicts, including disputes over child custody rights, property settlements, and other private conflicts.
For individuals who have become targets of such abuses, it’s critically important to involve qualified lawyers with experience in international law and Interpol matters.
Why do abuses with red notices occur and why are they hard to prevent?
Abuse of Interpol’s red notices can lead to human rights violations and undermine trust in the international justice system. Let’s examine the main reasons for such abuses:
- Political motives: Governments can use red notices to pursue their political opponents, human rights defenders, and activists. This is particularly common in countries with authoritarian regimes, where criticizing the government is seen as a crime.
- Economic and commercial interests: Influential groups use Interpol to exert pressure on business competitors.
- Lack of Strict Control Measures: Although Interpol has its own mechanisms for verifying information, its resources are limited. Each member country independently decides whether to provide data. The absence of centralized control or unified standards makes the system vulnerable, leaving room for abuse.
- Challenges with data verification: The organization lacks its own investigative capabilities, forcing staff to rely on data provided by member countries. This complicates the filtering of false or deliberately distorted information, especially when it pertains to allegations of complex or specific legal violations.
- Legal neutrality: Interpol is required to maintain neutrality and avoid involvement in matters related to politics, religion, and military conflicts. As a result, when one country submits a request for a red notice against a citizen of another country for political reasons, it’s challenging for Interpol to intervene directly.
Interpol doesn’t have the authority to conduct independent investigations or to judge the accuracy of the information provided. Notices are created based on data from member countries, and verifying this data isn’t always possible due to limited resources. For many individuals targeted by abuses, the process of getting a notice revoked can take months or even years, negatively impacting their rights and freedom.
Who benefits from manipulating red notice?
The following groups of individuals use red notices for selfish purposes to gain significant benefits:
- Authoritarian Regimes. In countries with authoritarian rule, red notices often become a tool for suppressing opposition and persecuting political adversaries. Authorities can use them to isolate opposition leaders, human rights defenders, and activists, limiting their freedom of movement and creating legal barriers to seeking political asylum. Such regimes attempt to create an atmosphere of fear and control public opinion by removing any critical voices from the public sphere.
- Corrupt politicians involved in corruption and abuse of power are using the Interpol notification system to pressure their opponents or those who pose a threat to their reputation. Accusations of economic crimes, financial fraud, and money laundering can be directed against those who expose instances of corruption or criticize government actions.
- Business rivals. Large corporations or influential entrepreneurs might use these notifications to eliminate competitors, intimidate partners, or seize assets. They restrict the ability to conduct business abroad, causing significant damage to both the business and its reputation.
- Criminal and terrorist groups. Abuses can serve to distract from their own criminal activities, complicating investigations and the work of law enforcement agencies.
Manipulating red notices undermines the foundation of international cooperation in fighting crime. Abusing this system allows certain groups and individuals to achieve their goals, circumventing international law and fundamental human rights. It’s crucial to involve experienced lawyers in such cases, who can help protect the rights and interests of those harmed by these abuses.
What is Interpol’s stance on the abuse of red notices?
In 2023, at the 91st Interpol General Assembly in Vienna, the issue of system abuse and mechanisms for its minimization was addressed. Secretary-General Jürgen Stock noted that Interpol has come a long way in preventing abuses by Russia and other countries through the Red Notice system, but has yet to take significant steps towards its improvement. Russia and China have been using Interpol’s Red Notice system to arrest political critics abroad.
According to Article 3 of Interpol’s Constitution, the organization strictly adheres to the principle of neutrality and prohibits any involvement in matters related to political, military, religious, or racial issues. In light of this, Interpol states that its goal is to prevent, not encourage, abuses of the notification system.
To monitor and control the use of Red Notices, the Commission for the Control of INTERPOL’s Files (CCF) was established. This is an independent body responsible for reviewing complaints about abuses of the notification system. The CCF deals with examining claims from individuals who believe they have been victims of wrongful use of a Red Notice. The Commission analyzes each claim and has the authority to make decisions on whether a notice needs to be withdrawn or amended.
Interpol has introduced a technological system known as FAIR (Fixed Artificial Intelligence Review), which helps automate the process of checking notifications and analyzing risks at an early stage. This allows for a reduction in the number of improperly issued notifications.
What are some recent examples of blatant abuse of red notices?
Authoritarian and totalitarian states (Russia, China, Turkey, and others) exploit the structural vulnerabilities of Interpol for their abuses.
For example, the UAE has repeatedly submitted requests for Red Notices for simple credit debt. To do this, debtors were falsely accused of fraud, which was the basis for issuing the red notice. However, such issues should be resolved through civil legal means. The United Arab Emirates is one of the largest donors to Interpol. Over the past few years, the country has paid the organization more than 50 million dollars. This amount equals the total contribution of all other member countries.
In 2021, Uyghur minority representative Idris Hasan was arrested in Morocco based on a red notice from China. Interpol later recognized the notice as “inappropriate” since it was used as part of the repression aimed at the Uyghur population.
Russia has repeatedly attempted to use red notices to arrest Bill Browder, an American activist and critic of Vladimir Putin’s government. Russia has also used Interpol to pursue businessmen Mikhail Khodorkovsky and Ilya Katsnelson.
The Venezuelan government under Hugo Chavez also used red notices to go after political opponent Manuel Rosales, who, after participating in the presidential elections and receiving political asylum in Peru, was added to Interpol’s wanted list. Similarly, other opponents were targeted, including bankers and owners of opposition media outlets.
Interpol acknowledges that such abuses undermine trust in the system and is working to reduce their number. However, combating the misuse of red notices continues to be a serious challenge for the international community and the organization itself.
What steps should you take if you’ve encountered an unfair red notice?
If you or your loved ones have encountered an unjust Interpol red notice, it’s crucial to take steps to protect your rights. The first step should be consulting with a lawyer who specializes in international law and Interpol cases. An experienced professional can help devise a strategy to contest the notice.
Gather all possible evidence that supports the illegality of the notice. For example, if you’re a political activist and human rights defender, provide documents that confirm your activities, which could have provoked repression in your country. This could include media publications, testimonies of persecution, reports from human rights organizations, and other evidence that confirms the case has a political nature.
File a complaint with the Commission for the Control of INTERPOL’s Files (CCF). Your complaint can be based on evidence that the notice violates Article 3 of INTERPOL’s Constitution, which prohibits persecution for political, military, religious, or racial reasons. The CCF will review your complaint, and if they find any violations, the notice may be canceled.
Our lawyers can also initiate a request for a temporary suspension of a red notice (Stay of Temporary Arrest), which can prevent arrest in certain countries. Timely and competent legal assistance is key to effectively defending against abuses by the Interpol system.
