How to challenge an international arrest warrant (red notices and diffusions)

Red Notice Removal

The process of red notice removal is a crucial and often complex procedure that involves significant attention to detail and working with various international legal frameworks. These red notices, issued by the International Criminal Police Organization (INTERPOL), can hinder individuals and businesses in countless ways, including the denial of travel freedoms, seizure of assets, and damaging reputations. Seeking experienced legal counsel becomes essential in ensuring the accurate navigation and understanding of the intricacies associated with the red notice removal process.

Challenge red notice!

How to challenge an international arrest warrant (red notices and diffusions)

Professional legal teams have a deep knowledge of the rights violations that could arise from these notices and work tenaciously to protect their clients, relentlessly advocating for their rights across international borders. The persistent and well-informed efforts made in removing red notices can help restore the daily lives, reputations, and futures of those affected, providing invaluable support during challenging times.

Interpol Red Notice removal – deleting an Interpol Red Notice

Our Cyprus-based business is well-versed in Interpol’s principal regulations as well as proceedings before the Commission for Control of Files.

As a result, our litigators have a wide range of experience, allowing them to craft robust and detailed petitions in response to abusive red notices issued by Interpol member states.

We specialize in Red Notices issued by Middle Eastern governments in financial disputes and politically driven situations.

We may also represent human rights advocates and political asylum seekers who have been unfairly targeted by abusive Red Notices issued by their home country.

In the event that legal aid is required in the issuing country, we advise and oversee local attorneys from reputable international law firms to gather the essential information from local court authorities in order to support the removal of the Red Notice from Interpol.

When our customers have knowledge that they may be targeted by an abusive Red Notice in the near future, our business can act early to persuade Interpol not to issue the Red Notice.

We help our clients in three of Interpol’s four official languages: English, French, and Spanish.

The firm is used to handling emergency circumstances for clients who have recently been arrested or are facing extradition.

All of our lawyers speak English fluently, and some also speak Spanish, Russian, and Greek.

Notice publication and removal

Interpol’s General Secretariat releases notices on its own initiative or in response to requests from National Central Bureaus (NCB) or authorized international bodies. The alerts are made available on Interpol’s secure website. If the requesting nation agrees, extracts of notifications may be published on Interpol’s public website.

Only notices that fulfill all legal conditions can be published by Interpol’s General Secretariat. An alert, for example, will not be published if it breaches Interpol’s constitution, which prohibits Interpol from engaging in political, military, religious, or racial activity. The General Secretariat has the authority to refuse to publish a notification that it deems unsuitable or poses a danger.

Interpol Red Notice

The most well-known device is the red notice, which is the closest thing to an international arrest order. A red notice is an international alert issued to seek the location and arrest of a wanted individual in order to extradite them. A red notice alerts law enforcement personnel in one nation that authorities in another country are looking for a certain person.
The alert contains two sorts of information:

Identity information (physical description, photograph, fingerprints, identity document numbers, and so on) and judicial information (the criminal offense for which the person is charged, references to the laws under which the charge is made or conviction was obtained, references to the arrest warrant or court sentence, and so on).

Interpol Diffusion

A diffusion, like a notice, is issued for the same objectives as a notice but is delivered directly by a member nation to a country of their choice. A diffusion is similar to a red notice, an international warning that informs law enforcement officials in one country that authorities in another country are looking for a certain person. A diffusion, other than a red alert, is not publicized by Interpol at the request of the nation. Diffusions and red notices can both have similar impacts.

Consequences of Interpol Diffusion or Red Notice

There is a substantial chance of getting arrested if you have an outstanding red notice or a diffusion, both at home and when traveling. Several nations compel border officials and police personnel to arrest those who have received red notices. Additionally, one may face the closure of bank accounts. An outstanding arrest warrant may jeopardize your work, professional position, and personal reputation.

​Case study of recent successful Red Notice Removals

Since 2017, Interpol-Stop has assisted numerous individuals who have been unfairly targeted by abusive red notices, which are frequently issued in the requesting nation for political or commercial motives, in obtaining the deletion of their data from the Interpol database.

We also assisted several travelers who had cause to assume they were the target of a red notice in determining if Interpol had issued an arrest order against them.

Request for Information: Interpol Red Notices

Member nations can submit a Red Notice request to Interpol to find and provisionally arrest a person for extradition into national police databases. The offense must be a serious ordinary-law offense.

The member country requests the Interpol Red Notice from the General Secretariat. It is issued by Interpol upon a member country’s request based on a valid national arrest warrant.

Interpol does not analyze requests at this level, therefore misuse is possible. So, an Interpol Red Notice severely restricts your liberties and is cause for alarm.

As not all Interpol Red Notices are published, it might be hard to tell whether you have one. Unknowingly being on the Interpol Red Notice list might lead to airport arrests. If you think you may have an Interpol notice, call our extradition attorneys, who will seek Interpol information on your behalf.

Information requests must be filed in English, French, Arabic, or Spanish. When we propose the suggestion, the Commission for the Control of Files (CCF) will verify the Interpol Information System for a match (IIS). The CCF will choose whether to rectify or remove an entry against you. The CCF will notify the General Secretariat if it updates or deletes the entry (IPSG).

Success depends on ensuring the information request meets the standards. Our extradition attorneys are skilled at submitting such information requests.

Interpol Red Notice Removal

Political, ethnic, or religious considerations should not warrant Interpol Red Alerts. If you suspect the Red Notice was issued for such reasons, you must contest it. States that abuse the Red Notice for political objectives should be challenged.

Being a democratic organization, Interpol must follow its Constitution and Data Processing Guidelines while issuing Red Alerts. According to these documents, criminal claims must be clear and discrepancies must be disputed.

Interpol Red Notice applicants must present notification reasons. Such data should comprise a defined set of identifiers of the individual concerned and judicial data, such as a description of the case, the charge(s), the law(s) addressing the offense (s), the penalty or sentencing, and a valid arrest warrant or court decision.

Interpol must prove the claimed offense warrants a Red Notice before deciding the case.

We will help you have it removed using our extensive understanding of Interpol Red Notices. Our attorneys will pursue Interpol Red Notices that violate the legislation.

We’ll review the accusing party’s data as your lawyers. Data inconsistencies and ambiguity are typically grounds for challenging the ranking. The inability to furnish Interpol with the minimum data typically results in Interpol Red Notice deletion.

Amending False Positives and Incomplete Interpol Red Notice Deletion

National Interpol Red Notice removals often fail. Interpol may agree to erase the Red Notice order, but the national state may not. This can result in airport arrest or refusal of entrance.

Collegium of International Lawyers will analyze your situation and present possibilities. Our staff will help you find national and international legal solutions using GDPR-based laws. We can request national police file data removal under the GDPR.

Efficiently removing this material from national police records is frequently as vital as Interpol deleting the Red Notice.

Interpol Red Notices last five years unless rescinded by Interpol or the sending nation. Red Notices can be extended, therefore anyone with Red Notices should not think they are gone after five years.

Let our extradition attorneys check if the Interpol Red Notice against you has been removed.

How to remove an INTERPOL Red Notice

One blog article cannot cover all the techniques to fight INTERPOL Red Notices. The RPD and Constitution control INTERPOL. Successful challenges need a deep grasp of the RPD and Constitution and each factual scenario. So, effective challenges need a detailed comprehension of the RPD and Constitution applied to the unique factual circumstance. Expert legal guidance is always advised. Four common methods:

The first option for challenging the legality of a Red Notice

The first method for disputing a Red Notice is to question its legitimacy. The offense must be “a significant ordinary-law offense,” according to Article 83(1) of the RPD. As a result, Red Notices should not be issued for offenses such as:

  • behavioral or cultural standards;
  • offenses connected to family or private problems;
  • offenses stemming from the breach of laws stemming from private disputes;
  • or offenses stemming from administrative or private conflicts.

In addition, if a Red Notice is issued for the prosecution of an offense, the RPD says that “the action constituting… (the)…offense is punished by a minimum of two years’ imprisonment…”

If a Red Notice is issued for an overdue sentence, the RPD stipulates that the penalty must be “at least six months in jail.”

Notably, the General Secretariat retains the ability under this section of the RPD to publish a Red Notice even if the aforementioned requirements are not satisfied. Thus, this issue may be the weakest avenue of recourse, while it remains a prospective route.

The second route to challenge the validity of a Red Notice

The second approach to contest a Red Notice is under Article 83(2)(b) of the RPD. This stipulates that Red Notices “may be published only when sufficient judicial data has been provided,” including “a concise and clear description of the criminal activities,” “laws covering the offence,” “the maximum possible penalty,” and “a reference to a valid arrest warrant or judicial decision.”

Given the frequency of Red Notice requests INTERPOL receives, it is frequently worthwhile to ensure that INTERPOL has conducted the necessary in-depth inquiries into these levels. Explaining why the barrier may not have been fulfilled through submissions to INTERPOL is frequently a viable option. If it can be demonstrated that the thresholds are not fulfilled, there is a solid justification for removing the Red Notice.

The third method for contesting the legitimacy of a Red Notice

The third option to contest the legitimacy of a Red Notice is under Article 2(1) of the Constitution, which asks if the notice is in accordance with the Universal Declaration of Human Rights (UDHR). If it can be claimed that mutual assistance with the member state’s request is not “in the spirit” of the UDHR, then the request may be denied. This might include demonstrating that the requesting state would not provide a fair trial in line with Articles 6 and 10 of the UDHR.

The fourth route to challenge the validity of a Red Notice

Article 3 of the Constitution is the fourth avenue for challenging the legality of a Red Notice. Article 3 specifies that INTERPOL “must not engage in any intervention or activity of a political, military, religious, or racial nature.” Although this is not exactly distinct from Article 2 of the Universal Declaration of Human Rights, this avenue allows for a more specific challenge via a major component of the INTERPOL constitution.

Specialists in Interpol cases

Our Interpol law firm has a specialized understanding of Interpol notices removal. Our Interpol lawyers handle intricate situations including red notices, diffusions, yellow notifications, green notices, and blue notices.

We collaborate with our international legal network as necessary. Our attorneys may give aid in criminal law and extradition law concerns on a global scale.

Additional specifics? Contact our Senior Partners Anatoly Yarovyi or Dmytro Konovalenko (cell phone / WhatsApp, Viber, Line, WeChat, Signal number: +357 96 447475; email: [email protected]).

Interpol Red Notice removal FAQ

Will I be extradited to the requesting country if i am arrested based on a Red Notice?
No, not always. The arrest is only the beginning of the process. As previously stated, the authorities in the nation where the arrest is made are the only ones who may assess if an extradition procedure is legitimate. An Interpol Red Notice may not always result in major delays and checks every time a person crosses a border. It may also result in arrests and brief detention both overseas and at home. Yet, in rare situations, the Red Notice will result in extradition to the requesting country. Decisions are made based not just on the gravity of the Red Notice, but also on the extent of cooperation between the requesting and arresting countries. As a result, the identical Red Notice may be ignored in one nation yet result in extradition in another. Extradition is resolved in accordance with the legislation of the arresting nation.
How can I find out whether I am the subject of an Interpol red notice?
Unless in the severe instance of an arrest, it is normally difficult to determine if one is the subject of an Interpol Red Notice. Some information on the most important Interpol Red Notices is published on Interpol's website, but the majority of them remain classified until they are carried out. Article 18 of Interpol's Rule on the Processing of Data (RPD) states that any person or entity may submit a request for access to, or correction and/or deletion of, data processed in the INTERPOL Information System concerning that person or entity directly to the Commission for the Control of INTERPOL's Files. We frequently help customers who wish to know if a red notice has been issued against them. In that situation, we file a petition on our client's behalf, demanding access to his personal information stored in Interpol's Information System. The operation takes around two months to complete.
Is it possible to challenge an Interpol red notice and request that it be removed or deleted?
Absolutely, Interpol procedures enable anybody named in a Red Notice to request that it be removed. The Commission for the Control of Files is responsible for determining the legitimacy of the request (CCF). The proceedings are complicated and may last a long time. The procedure entails evaluating the Red Notice using the criteria outlined in Article 83 of Interpol's Guidelines on Data Processing. An Interpol Red Notice is generally legitimate if the following cumulative requirements are met:
  • The offense in question is a significant ordinary-law felony.
  • The offense in question is punished by a potential sentence of at least two years in prison or more.
An Interpol Red Notice may not be issued for the following offenses:
  1. offenses that raise controversial issues relating to behavioral or cultural norms in various countries;
  2. offenses relating to family/private matters;
  3. offenses originating from a violation of administrative laws or regulations or arising from private disputes (such as unfunded/bad cheques).
An Interpol Red Notice may also be withdrawn if it seems that the prosecution is politically motivated or if it is clear that there are inadequate grounds for prosecution under international standards.
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