INTERPOL Red Notice.

As the name suggests, a Red Notice is primarily used to find and arrest a fugitive who is sought by one of the member nations for the purpose of prosecution or for the execution of a punishment against which a final judgment has been rendered. When a member nation requests a Red Notice, INTERPOL will first determine whether the request is consistent with its constitution, regulations, and other governing documents. If the request is found not to be compliant, INTERPOL will then notify the member nation that its request was denied and will not be processed further.

If INTERPOL approves a member nation’s Red Notice request, it then determines if a Red Notice is warranted. Along with the Red Notice, the request may also include an International Arrest Warrant or another formal document from the member nation. INTERPOL will not issue such warrants, however, as it is not a law enforcement agency. It does not have its own arrest warrants, and it does not issue warrants on behalf of member nations.

Therefore, when Spodek Law Group assists our clients with removal and revocation of INTERPOL Red Notices, it means we may be seeking deletion of INTERPOL data associated with the foreign arrest warrant as well. In either case, we will do whatever it takes to help our clients fight the charges they are facing.

The existence of a Red Notice does not mean that the person sought will be arrested. The individual’s arrest will depend on the law, criminal justice process, and extradition process within each member nation. This means that a Red Notice itself may not provide sufficient legal grounds for an arrest under national law.

It also does not mean that all member nations will cooperate. Some member nations will be reluctant to arrest if the person is from their own country.

How do United States authorities treat a Red Notice hit?

When a person’s name appears on INTERPOL’s list of Red Notices, this does not mean that every country will seek to have that individual arrested. The U.S. Does not treat every Red Notice hit the same. Instead, U.S. Authorities will first examine the Red Notice hit with respect to domestic U.S. Law in order to determine if they have a legal basis to arrest.

What are U.S. Extradition Proceedings?

The U.S. Extradition process is complicated and involves various entities and authorities. It typically involves federal courts and the U.S. Department of State. The process typically begins with the foreign country requesting extradition through diplomatic channels. The United States then presents the request to a U.S. court under 18 U.S.C. § 3184. The judge then determines whether the request has a legal basis. While the extradition judge’s determination is not directly appealable, the Secretary of State makes the final surrender decision after a certification of extraditability, and the fugitive may seek habeas corpus review.

What does a U.S. Court look at during extradition proceedings?

When the U.S. Authorities receive an extradition request from a foreign country, they must then determine if the requesting country has sufficient legal basis to request extradition. The U.S. Department of State has issued guidelines as to what constitutes a sufficient legal basis. When a U.S. Court reviews an extradition request from a foreign country, it will generally ensure:

• The individual in question is the person targeted in the request.
• The applicable extradition treaty covers the offense for which the individual is sought.
• The requesting nation has probable cause to believe that the individual committed the offense.
• The offense charged is extraditable under the applicable laws, treaties, and conventions.
• The court generally does not determine whether other countries have made valid extradition requests.

If the courts find that there is an issue in any of these areas, then they will deny the extradition request. For example, if the individual in question was not the individual targeted in the request, then the court will deny extradition.

Can a person seek to have an INTERPOL Red Notice removed?

Yes. INTERPOL has established procedures for individuals to seek removal of a Red Notice. We can file the request for removal on behalf of our clients, and the request may be signed by the individual or the individual’s duly authorized representative. The request must explain why the Red Notice should be removed. This may include explaining how the Red Notice is illegal under INTERPOL’s constitution, regulations, and other governing documents. After filing the request, the Commission for the Control of INTERPOL’s Files (CCF) will review the request. If the CCF agrees that the Red Notice should be removed, it will order INTERPOL’s General Secretariat to remove the individual’s name from its list of Red Notices.

What can a CCF challenge change, and what can it not stop?

The CCF has the authority to decide requests to correct or delete data in INTERPOL’s files. While this can be a potent remedy for many individuals, a CCF review itself does not decide how or if a particular nation will initiate arrest and extradition proceedings. Instead, a CCF review is merely one stage in a multi-stage process that can lead to removal of an INTERPOL Red Notice.

What are valid grounds for an INTERPOL Red Notice challenge?

According to INTERPOL’s Rules on the Processing of Data, “It is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character.” Depending on the circumstances, this prohibition can offer various grounds for challenging an INTERPOL Red Notice.

Depending on the circumstances, a CCF challenge could center on a member nation’s Red Notice request relying on inaccurate data, relying on imprecise data, seeking a criminal arrest or prosecution for an improper purpose, seeking extradition or prosecution for non-extraditable activities, violating INTERPOL’s other rules and policies, or any other invalid basis.

How can a CCF challenge be successful?

While it will depend on the specific circumstances involved, some of the strongest CCF challenges may present the underlying allegations in order to show that they do not support the filing of an INTERPOL Red Notice. Strong challenges will also present detailed procedural history and other arguments that may be supported by the pertinent evidence and law.

Importantly, while seeking administrative relief through the CCF is imperative, individuals who seek to have their Red Notice removed may still need to obtain extradition-court defense as well. While INTERPOL data removal may prevent arrest and extradition proceedings in some countries, it will not prevent the member nation that requested the Red Notice from continuing to seek extradition from the United States in court.

Can a notice subject have private representation during a CCF review?

Finally, INTERPOL does not function as the notice subject’s defense attorney. INTERPOL does not provide representation to any of the parties involved. It makes clear in its rules and policies that a notice subject can have a private lawyer represent them in order to seek the correction or deletion of their data.

At Spodek Law Group, we represent individuals in matters concerning INTERPOL Red Notices. Our lawyers can assist with filing the initial removal request and pursue all options available under the relevant laws and policies to protect our clients’ interests.

Why can travel trigger consequences that a public search misses?

What are INTERPOL Diffusions?

While the INTERPOL website lists some current Red Notices, these publicly displayed notices are only a small portion of INTERPOL’s system. INTERPOL also allows countries to send alerts called “diffusions” directly to National Central Bureaus (NCBs). This system allows countries to have their alerts widely circulated without first seeking approval from INTERPOL’s General Secretariat. If the General Secretariat denies a country’s request to publish a Red Notice, a country can instead issue a Diffusion to law-enforcement agencies, which can lead to arrest and extradition proceedings.

Does the public database include all INTERPOL alerts?

No, the public database on INTERPOL’s website does not include all current alerts. A country can issue a Diffusion instead of requesting a Red Notice. Along with Diffusions, the public database does not include arrest warrants issued by agencies other than INTERPOL. This limitation of the public database can make it easy for individuals to mistakenly believe that they are safe to travel. Even when no results show up during a search of the public database, law-enforcement authorities may still find an individual’s name on INTERPOL’s alert database via their government-issued security credentials. This can then have serious consequences, including denial of entry or arrest.

What are the risks of travel with an INTERPOL Red Notice?

Travel is a primary risk when dealing with an INTERPOL Red Notice. When you travel, you will be subjected to various security measures. At the airport and at the border, your passport and other travel documents will be checked against government databases. If an individual has an INTERPOL Red Notice or a Diffusion, this is when the most immediate consequences are most likely to arise.

Can an INTERPOL alert affect your visa or immigration status?

Yes. If you apply for a visa for another country, the visa application process can include a check of INTERPOL databases. An INTERPOL Red Notice or Diffusion can have repercussions not only for your visa application, but for other immigration decisions as well. If an INTERPOL alert is found during the visa application process, the reviewing agency may deny the visa or even initiate removal or revocation proceedings.

Talk It Through With a Lawyer

Every case turns on its own facts. Todd Spodek is the managing partner of Spodek Law Group, a second generation firm his father opened in 1976, and the firm takes federal criminal and white collar matters nationwide. Call 888 348 8028 to talk it through.