Interpol Red Notice

A Red Notice is often mistakenly referred to as an “international arrest warrant.” However, INTERPOL clarifies that a Red Notice is simply a notification to member countries about a person’s wanted status based on an arrest warrant or court order from a country or international tribunal. According to INTERPOL’s constitution, Red Notices are issued for significant ordinary law offenses unrelated to cultural norms, family or private matters, or minor private conflicts. They are not for cases involving organized crime and must meet a certain threshold for punishment. Visit https://www.interpol.int/en/How-we-work/Notices/Red-Notices to learn more about what a Red Notice is and what it isn’t.

Overview of Interpol Red Notice

Purpose and significance of Red Notices

Red Notices are essential in international law enforcement, enabling member nations to collaborate in locating and apprehending offenders across borders. This cooperation is vital in combating crimes like terrorism, drug trafficking, financial fraud, and organized crime.

A brief history of Interpol and Red Notices

Interpol was established in 1923 to foster international law enforcement cooperation. Following the organization’s re-establishment after World War II, the first Red Notice was issued in 1946. The Red Notice system has now grown into a potential tool for apprehending offenders across borders.

Requirements for issuing a Red Notice

To issue a Red Notice, several criteria must be met:

1. The person must be wanted for prosecution or to serve a sentence for a serious crime.
2. The crime should carry a minimum jail term of two years.
3. The request must be based on a valid national arrest warrant.
4. The notice must comply with Interpol’s Constitution, which prohibits involvement in political, military, religious, or ethnic matters.

Steps to request an Interpol Red Notice

The following procedures must be followed in order for a Red Notice to be issued:

1. The National Central Bureau (NCB) of the requesting nation files a Red Notice request to Interpol’s General Secretariat.
2. All pertinent information, including as the suspect’s identification, description, portrait, fingerprints (if available), and facts of the suspected crime, must be included in the request.
3. The seeking NCB must provide proof of a valid national arrest warrant.

Interpol’s review and Red Notice approval process:

When Interpol’s General Secretariat receives a request for a Red Notice, it evaluates the application to ensure it fits the essential conditions. The following steps are included in the evaluation process:

• Evaluating the request’s adherence to Interpol’s Constitution and guidelines.
• Verifying the national arrest warrant’s legitimacy and the gravity of the accused offense.
• Confirming that the request has enough information to identify the suspect.
• If the request satisfies all parameters, the General Secretariat of Interpol authorizes it and issues the Red Notice.

Circulation and dissemination of Interpol Red Notices

Once issued, an Interpol Red Notice is disseminated to all 194 member nations. This involves:

1. Distribution through Interpol’s encrypted global police communication system, I-24/7.
2. Publication on Interpol’s official website, with some restrictions.
3. Notification to worldwide law enforcement authorities about the individual’s wanted status.

The non-binding nature of Red Notices

Red Notices are merely advisory in nature, and member nations are under no obligation to arrest or extradite the persons in question. They are used to exchange information and communicate with police enforcement authorities.

Table 1: Binding vs. Non-Binding Legal Instruments

Red Notice: Concerns about jurisdiction and sovereignty

The arrest and prosecution of individuals wanted in multiple countries under Interpol’s Red Notice can lead to jurisdictional and sovereignty issues. Respecting state sovereignty and legal systems is crucial when dealing with transnational offenders.

Extradition and legal frameworks

Extradition involves transferring a fugitive from one country to another for prosecution or to serve a sentence. Extradition laws and procedures vary significantly across countries, with some having formal treaties and others using ad hoc agreements or diplomatic requests.

Table 2: Types of Extradition Agreements

Potential misuse of Red Notices

Concerns have been raised concerning some countries’ usage of Red Notices for political or personal gain rather than genuine law enforcement aims. This abuse may result in human rights violations and erode Interpol’s credibility.

Interpol Red Notice: High-Profile Cases and Controversies

Prominent Red Notice cases:

• Julian Assange: In 2010, Sweden sent a “Red Notice” about suspected sexual offenses against Julian Assange, the founder of WikiLeaks. He went to the Ecuadorian Embassy in London to ask for refuge and stayed there until he was caught in 2019.
• Joaquin “El Chapo” Guzmán: The legendary Mexican drug lord El Chapo was caught in 2014 after he escaped from a Mexican jail and a Red Notice was put out about him. He was transferred back to the U.S. in 2017 when he was found guilty of many crimes and given a life sentence.
• Dawood Ibrahim: The Indian mafia lord and terrorist are on a “Red Notice” because he is thought to have been involved in the Bombay bombings of 1993. Ibrahim is still on the run. He is said to be hiding in Pakistan.

Controversial instances of Red Notice misuse:

• Bill Browder is a British businessman who was born in the United States. In 2013, Russia sent him a Red Notice because he supported the Magnitsky Act, which puts penalties on Russian officials who violate human rights. Many people thought that this Red Notice was based on politics, thus it was finally taken down.
• Kazakhstan put out a “Red Notice” for Mukhtar Ablyazov, a Kazakh businessman and opposition leader who is accused of stealing money from the government. Critics say that the lawsuit is about politics and is meant to stop him from speaking out against the administration.

Concerns about the Red Notice system’s reliability arise from its controversial use in high-profile cases. It’s crucial to monitor who receives Red Notices and their usage to prevent exploitation for political or personal gain. Maintaining the system’s effectiveness and credibility in combating international crime requires robust and transparent oversight.

Dmytro Konovalenko

Senior Partner

Lawyer specializing in extradition and Interpol cases, with membership in the International Bar Association. In five years of practice, Dmitry has defended clients against persecution by law enforcement agencies in the United States, Russia, Uzbekistan, Ukraine, Russia and other countries. He has successfully applied measures to prevent a manhunt at early stages and specializes in defending in complex cases involving economic, political and military charges.

Phone:

+35796447475

Email:

[email protected]

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