HOW TO REMOVE A RED NOTICE
Below is a breakdown of steps that can be taken to remove an Interpol Red Notice should you find yourself targeted or suspect that you may be. As lawyers specialising in the removal of Red Notices, in particular abusive notices, we would advise individuals to seek professional legal advice and the information here is designed to help you better understand the removal process. To contact us about seeking legal advice please use the contact button in the header above.
1.
Understanding the Red Notice Circulation:
Every Interpol member country is electronically alerted when a Red Notice is issued. This information is then disseminated to local police agencies globally.
2.
Risks of Automatic Arrest and Extradition:
In some countries, individuals with a Red Notice listed against them on the Interpol database may face automatic arrest and court proceedings for extradition. Therefore, traveling internationally poses risks, with the potential for arrest at airports or border control. Seeking legal advice about the practices of a particular country from which you believe there is a Red Notice could reduce these risks as not all member countries act on the notices of certain jurisdictions due to persistent misuse of the notice system.
It is worth bearing in mind that hotels in certain countries may forward guest information to local police, who can cross-check names against the Interpol database, possibly leading to an arrest.
3.
Public Search on Interpol Website:
Explore the 'wanted persons' section on Interpol's website for publicly listed Red Notices. However, note that not all notices are accessible to the public; only a fraction is visible.
4.
Understanding Diffusions:
Diffusions are not publicly listed on Interpol's website. If you suspect being subject to a Diffusion, alternative methods need to be explored. Find out more, here.
5.
Requesting Information from Local Police:
Make a formal request to your local police force to check for notices against you. While procedures may vary, individuals have successfully accessed information through such requests.
6.
Direct Request to Interpol:
Individuals can directly request information from Interpol by contacting the Commission for the Control of Interpol’s Files (CCF). This commission ensures Interpol’s compliance with data processing rules and makes decisions on non-compliant notices such as politically motivated notices or those against refugees.
7.
CCF Application Process:
Prepare a written request to the CCF, ensuring it meets 'admissibility requirements.' The CCF may provide you with information of the notice content if the country responsible for the notice grants permission.
8.
Review and Deletion Requests:
Individuals can make a request to Interpol to review and delete a Red Notice by writing to the CCF. A request for removal should include details on how the Red Notice is in breach of Interpol's constitution and supporting evidence may be submitted. Be aware that the process lacks transparency and may take months, during which individuals might face detention or travel restrictions.
9.
CCF Decision Process:
CCF decisions are taken behind closed doors, with few Red Notices being removed. In 2016, only 170 were cancelled. While there is a theoretical right to make oral submissions, it has not been utilised. The decision of the CCF is final, and there is no formal appeal process.
10.
Understanding the CCF:
Interpol’s Commission for the Control of Files is responsible for reviewing removal requests, ensuring Interpol adheres to its rules. Although the CCF can hold oral hearings, it generally deals with matters in writing.
11.
FInal Decisions
Once a decision has been made by the CCF about the compliance of a Red Notice and whether or not the notice must be removed due to non-compliance, there is currently no appeal process against that decision. Where there is a change in the individual’s circumstances, or further supporting evidence comes to light it may be possible submit a further application for removal.