
INTERPOL Red Notice: Jason Bourne-style international arrest warrant or something else?
There is a popular misconception that a Red Notice published by INTERPOL is an international arrest warrant requiring the immediate arrest and trial of the wanted person. In fact, a Red Notice imposes no obligation whatsoever to arrest someone. Rather, it is a request to locate and detain a person pending extradition, surrender, or other legal action. It is not an international arrest warrant.
Ok, not an international arrest warrant, but why is it red?
INTERPOL administers a network of databases called the INTERPOL Information System where, amongst other things, it publishes notices between member states. Notices are essentially data communication channels that are colour-coded into categories, including wanted persons (Red Notice), missing persons (Yellow Notice), unidentified bodies (Black Notice), imminent threats (Orange Notice), warnings and intelligence (Green Notice), modus operandi (Purple Notice), or additional information (Blue Notice).
OK, so there are several categories and all the colours of the rainbow, but what exactly is the purpose of a Red Notice?
A Red Notice is a publication on the INTERPOL Information System requesting all other member states to detain a person if found within their jurisdiction with the aim of extraditing that person to the requesting party’s jurisdiction. A Red Notice can be understood as an alert that signals to all member states that a person is wanted by one of its member states or listing jurisdictions. The extent to which the requesting party’s Red Notice (and its underlying request for detainment and extradition) is enforced is at the discretion of the member state in whose jurisdiction the wanted person happens to be. Typically, a person subject to a Red Notice is detained when they try to leave the jurisdiction, and their passport is flagged as they go through immigration.
Sounds like an international arrest warrant to me…
Well, it is not. INTERPOL has no judicial power, and no authority to prosecute or order someone’s arrest. It is neither a criminal charge nor a prosecution, nor is it a verdict or a conviction. It is effectively a request from a listing jurisdiction or one member state to another asking them to detain a person with a view to extraditing them for questioning in relation to the alleged wrongdoing within the requesting party’s jurisdiction.
Ok, not an international arrest warrant and it is limited to the INTERPOL member states and listing jurisdictions, but I guess they detain and extradite the wanted person quickly, no questions asked?
No. Detention and extradition are not automatic. It is at the receiving member state’s discretion whether and when to detain a person and, once detained, whether and when to extradite. Of course, if the receiving member state decides to enforce the Red Notice, it must do so in accordance with its local laws and procedures, but a requesting member state or listing jurisdiction cannot sue or otherwise hold the receiving member state responsible for not being proactive in detaining and extraditing the wanted person.
How would I even know if I am subject to a Red Notice?
The wanted person may not know they are subject to a Red Notice. There is no obligation on either the requesting member state or listing jurisdiction or the receiving member state to notify them.
I see, top secret then?
It depends. Some are publicly available on INTERPOL’s website and others may be accessed by a direct request for information from INTERPOL. Unfortunately, some Red Notices may be subject to restrictions by the member state or listing jurisdiction that imposes the Red Notice and thus, INTERPOL may not be able to disclose the existence of the restricted Red Notice.
What if the wanted person wants to challenge all this?
The good news is a Red Notice can be challenged and, if the wanted person is successful in their challenge, deleted.
The first step is for the applicant to submit a request to INTERPOL’s Commission for the Control of Interpol’s Files to delete data from INTERPOL’s Information System. The deletion request shall be grounded and argued based on INTERPOL’s Constitution and internal regulations, rather than on the laws and regulations of the member state or listing jurisdiction. Once the request is received, the Commission will determine whether it satisfies the admissibility requirements within 30 days.
Upon admission the Commission has nine months to decide. During this period the Commission shall study the request, which includes contacting and requesting information from the member state or listing jurisdiction and other sources of data related to the request. The Commission may also request that the applicant provide more information and only when it deems it necessary the Commission may conduct hearings. Once the nine-month deadline is met, the Commission shall either request an extension of the reviewing period or make a decision that shall include the appropriate corrective measures – such as deleting the Red Notice.
These corrective measures shall be implemented by the General Secretariat within one month of the Commission’s decision. Once implemented, the General Secretariat shall notify the Commission of its decision. The applicant shall also be notified of the decision as soon as possible, and in any case, within one month.
Ok, so you need to be proactive. What if you do nothing? Does a Red Notice last forever?
No, it’s temporary in nature. By statute, a Red Notice has a 5-year expiry term and is not automatically renewed.
I am or I believe that I am subject to a Red Notice, what do I do?
Stay calm and seek legal advice.
If you need assistance, do not hesitate to contact;
David McCoy at drm@adglegal.com
Carolina Gamba Pereira at cgp@adglegal.com