One of Interpol’s functions is to issue Red Notices, international wanted notices for individuals suspected of committing serious crimes. It is important to note that a Red Notice is not an international arrest warrant, and Interpol does not have the power to compel Interpol member countries to arrest the individual named in the Red Notice. However, there are times when an individual may need to deregister from Interpol. This process requires that certain procedures be followed.
A Red Notice entry in the Interpol database informs member states of an individual wanted for extradition. Although a Red Notice prompts member countries to consider extradition, they are not strictly required to comply. Only after inclusion in a Red Notice in the Interpol’s databases does the extradition process formally begin. Consulting an extradition lawyer familiar with the Interpol database and its Red Notice system is essential for understanding how to avoid extradition once a notice has been issued.
When can a person be placed on Interpol’s wanted list?
- The crime poses a threat to international security;
- This occurs when the crime is international in nature and may threaten the safety of citizens of different countries;
- These crimes include terrorism, human trafficking, drug and arms trafficking, cybercrime, and international corruption, all of which are associated with wanted persons whose activities threaten global stability;
- Crimes that violate international agreements. If a person has committed a crime that violates international treaties or agreements, Interpol may participate in their search. Such crimes include financial fraud, environmental crimes, and anti-corruption violations with an international component.
Crimes against humanity. If a person is accused of serious international crimes against human rights, such as war crimes or genocide, they may be placed on an international wanted list.
In addition, if a person evades prosecution in their home country, they may be placed on the wanted list through Interpol. In such cases, an international wanted list is used to return the person to their home country for trial and legal responsibility.
What are the consequences of being wanted by Interpol?
An international wanted list through Interpol can have significant consequences for a person. Some of them are:
- Detention and extradition
- Restriction of travel
- Damage to reputation and attitude towards the person
- Loss of work and social status
How to Get an Interpol Check?
Getting an Interpol check is not easy. Interpol, as an international organization, does not generally provide individual criminal record checks directly to individuals. This is because Interpol primarily supports national law enforcement agencies by facilitating the sharing of data on crime and criminals.
Employment and visa background checks are typically conducted by local or national law enforcement agencies, who access Interpol databases as needed to conduct investigations. The exact process varies from country to country.
There are several reasons why individuals cannot directly apply to Interpol for a background check. First, Interpol primarily assists law enforcement agencies in member countries, not individuals. Second, data protection laws limit access to such information. Finally, while Interpol maintains databases of criminal activity, they are provided to law enforcement agencies in member countries with certain restrictions. As a result, individuals generally cannot directly access this information from Interpol.
Interpol Clearance Certificate
The term “clearance certificate” has caused confusion. It refers to a document from Interpol that exonerates a person from criminal charges, but such a certificate does not exist.
Interpol’s primary role is to assist member law enforcement agencies with investigations, not to certify a person’s criminal status. For visa or employment-related certificates, individuals should contact local or national law enforcement agencies that maintain criminal records and conduct background checks. It is important to understand Interpol’s real role in international law enforcement cooperation given the misconception about “cleanance certificates.”
What is the Requirement for Red Notice Removal Requests?
The admissibility criteria for requesting the removal of an Interpol Red Notice are essentially scientific principles. If you’re about to challenge a Red Notice, it is advised that you go for an attorney with experience in Interpol matters. There are unique aspects in each case and questioning a Red Notice is mainly based on its specific context and grounds.
Under its Constitution, Interpol is expressly forbidden from engaging in any political, military, religious, or racial subject. This ensures impartiality and that all of Interpol’s activities are focused solely on international police cooperation. Furthermore, under Article 2, Interpol is required to act in line with the Universal Declaration of Human Rights, reiterating its commitment to basic human rights protection standards. For people recognized as refugees under the 1951 Refugee Convention, special policies are in place, to provide additional protection against unfair use of Interpol’s structure.
Removing data from INTERPOL databases
A request to remove data from Interpol databases underlines the organisation’s commitment to human rights and political neutrality. This data includes information such as Red Notices and other alerts issued by Interpol member countries.
Individuals or their legal representatives can submit a request to remove data to INTERPOL’s Commission for the Control of INTERPOL’s Files (CCF), an independent body. They must explain why the data should be removed and, where possible, provide evidence. INTERPOL’s Stolen/Lost Travel Document database (SLTD) serves as a searchable repository containing information on passports, visas, and identity documents that have been reported as stolen or lost. This database plays a crucial role in preventing the illicit international travel of criminals and terrorists.
Data may be removed if the CCF determines that it violates Interpol’s rules, including politically motivated Red Notices or data with errors or without a legal basis. The CCF’s decision is carried out by the General Secretariat, but the process can be lengthy and unpredictable, so it is advisable to seek legal advice.
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