As the leading Interpol red notice law firm London We acknowledge that Interpol plays a crucial role in the international law enforcement framework, offering a platform for information exchange and coordination of efforts to combat transnational crime. However, its tools, including red notices, often face criticism due to potential human rights violations and abuses. In practice, specialising in international law, one may frequently encounter the need to defend clients against unwarranted pursuits through the Interpol system.
Let’s explore what red notices are, how they function, their impact on individuals, and the legal strategies for challenging them.
Interpol and the Red Notice: Legal Basis and Issuance
Interpol (the International Criminal Police Organization) is an intergovernmental organisation designed to facilitate cooperation between law enforcement agencies from different countries. Interpol does not have the authority to initiate criminal cases or make arrests, but it plays a coordinating role in international law enforcement processes.
Red Notice Interpol is a form of notification that acts as a request to member countries for the identification and temporary arrest of a wanted individual pending extradition. In accordance with its legal nature, this notice is not an international arrest warrant but serves merely as an informational tool, providing details about the suspected criminal and the criminal charges against them.
The issuance of a Red Notice occurs upon request from one of the Interpol member countries. This request includes all necessary information about the person sought, as well as details of the alleged crime. The Interpol General Secretariat carries out checks to ensure that requests comply with internal rules and norms of international law, particularly with respect to Article 3 of the Interpol Constitution, which prohibits political, military, religious, or racial interference.
The impact of red notifications on individuals
The accused, who has become the subject of a red notice, is facing a number of serious consequences:
- Arrest and detention: in any Interpol member country, an individual can be detained based on a notice.
- Restriction of freedom of movement: the presence of a notification significantly limits the ability to travel between countries, even if the offence has not been proven.
- Damage to business reputation: the presence of a notification can become public knowledge, which harms the reputation and leads to social stigmatisation.
- Freezing of assets: in a number of jurisdictions, a notification can serve as a basis for freezing bank accounts and other assets.
Legal grounds for contesting red notices
Political motivation: One of the primary arguments for contestation is the assertion of the request’s political motivation. Article 3 of Interpol’s Constitution explicitly prohibits the use of its mechanisms for political purposes. If there is evidence that the initiating country is using the notice as a tool for political persecution, this constitutes sufficient grounds for its annulment.
Human rights violations: International legal standards, such as the International Covenant on Civil and Political Rights, demand the observance of fundamental rights. In instances where a notification infringes upon the rights to a fair trial or freedom of speech, it can be contested.
The absence of double criminality: extradition is only permissible if the act is recognised as a crime in both the requesting and receiving countries. Without this criterion, the notification loses its legal force.
Procedural errors and lack of evidence: if procedural mistakes were made during the issuance of the notice or there is insufficient evidence to support the charge, this could form the basis for challenging it.
The procedure for contesting red notices
- Submitting a complaint to the Commission for the Control of INTERPOL’s Files (CCF): This body is responsible for examining complaints about violations in the issuance of notices. The submission of a complaint must include all relevant evidence and arguments that justify the illegality of the notice.
- Legal appeal: Court proceedings at the national level are possible, in which the legality of actions taken by authorities based on a notification may be challenged.
- International human rights mechanisms: Appealing to international human rights bodies, such as the UN Human Rights Committee, can serve as an additional means of exerting pressure on a country that uses notification for illegitimate purposes.
Defence solicitor with a red notice
A solicitor specialising in defending against red notices must have a profound understanding of international law and be prepared to work under conditions of high legal complexity. The primary responsibilities of the solicitor include:
- Advising the client: clarifying all the legal implications of having a red notice and possible strategies for contesting it.
- Preparation of evidence: gathering and presenting evidence to prove the impropriety of the notice.
- Filing complaints and lawsuits: approaching the CCF, national courts, and international organisations to protect client rights.
- Monitoring and interaction: constant monitoring of the notification status and interaction with the relevant Interpol authorities and government bodies.
When facing legal issues related to cross-border criminal investigations within the framework of the International Criminal Police Organization, including the use of red notices, arrest warrants, and compliance with extradition requirements, it is advisable to seek assistance from competent international law attorneys at ‘Law firm Interpol’. Their high level of professionalism, profound understanding of legal mechanisms, and well-earned reputation make them reliable partners in tackling complex legal matters.
