When faced with an Interpol Red Notice from the Islamic Republic of Iran, seeking professional legal advice is crucial. The consequences of an Interpol Red Notice can be serious and long-lasting, potentially leading to an arrest, extradition, and even imprisonment in Iran. At Schlun & Elseven, we have extensive experience helping our clients navigate complex international proceedings, including extradition matters and Interpol Red Notices. Our Extradition and Interpol team has successfully prepared and filed corresponding protective letters, defended clients facing extradition, secured the release of detained individuals and had Red Notices deleted worldwide. Please, do not hesitate to contact us directly if you are facing an Interpol Red Notice or have questions relating to Iranian Interpol Red Notices.

Interpol Red Notices are issued at the request of member countries of Interpol seeking the provisional arrest of individuals wanted for extradition. It is not an international arrest warrant. Each of the 195 member countries of Interpol can request such a Red Notice. Interpol’s General Secretariat then reviews the request to comply with its constitution. The Interpol constitution forbids requests that contradict the “Universal Declaration of Human Rights” (Article 2 of INTERPOL’s Constitution), those that are mainly of political, military, religious or racial nature (Article 3 of INTERPOL’s Constitution) and requests that don’t fulfil minimum penalty requirements or are on Interpol’s list of excluded offences for Red Notices. Among the excluded offences, which are punishable in Iran, but cannot be the ground for an Interpol Red Notice, are prostitution, offences related to pornography, homosexual acts, abortion and adultery. If the Red Notice is approved, however, the member states’ national police authorities are notified and asked to make an arrest if the suspect is located in their territory.

In the case of Iran, Red Notices have been issued for political or religious reasons, and the charges may be based on insufficient evidence or insubstantial allegations. As a result, individuals targeted by Red Notices from Iran might face serious risks when they find themselves imprisoned in Iran. An example of Iran’s open approach to the misuse of Red Notices is when in 2021, Iran requested Red Notices for the arrest of US President Donald Trump and 47 other US officials regarding the targeted killing a year earlier of Iranian General Qassem Soleimani. Interpol denied this request as it was motivated by political or military concerns, thereby countering Article 3 of INTERPOL’s Constitution. Another example of political persecution is Mehdi Khosravi, who was arrested in Italy in 2016 based on a Red Notice from Iran. After political protests in 2009, he fled from Iran to the United Kingdom. Mr. Khosravi’s arrest was publicly criticized before he was released, and his Red Notice was deleted due to a request made by his lawyer.

Interpol’s website hosts a Red Notice database that is accessible to the public. However, not every Red Notice is published online – meaning the Red Notices visible online are only a fraction of all Red Notices in circulation. The entirety of Red Notices is only accessible in restricted networks. For this reason, there may only appear to be limited numbers of published Red Notices from Iran; however, this does not mean that there are not more in circulation. Published Red Notices are intended to generate public awareness, enabling a broader network of individuals and organizations to aid in identifying and apprehending wanted individuals. Interpol seeks to harness communities’ collective efforts worldwide to locate and bring criminals to justice by making these notices public. This level of transparency serves as a deterrent for fugitives, as they know that their information is out in the open and that a global network of law enforcement professionals and concerned citizens is actively searching for them.

Unpublished Red Notices, however, are a more discreet tool in Interpol’s arsenal. These notices are typically reserved for cases involving sensitive information, ongoing investigations, or national security matters. By restricting access to these notices, Interpol aims to protect the integrity of ongoing operations, prevent potential leaks of crucial information, and safeguard the safety of law enforcement officers involved in the cases. Unpublished Red Notices are typically shared only with trusted law enforcement agencies that have a need to know, ensuring a controlled and secure dissemination of information.

Our team of extradition and Interpol Lawyers has successfully removed numerous Red Notices from all over the world. To get the Interpol Red Notice from Iran against you deleted as fast as possible, we send a request to the Commission for the Control of Interpol’s Files (CCF) to find out why a Red Notice exists and thoroughly examine if the reasons for your Red Notice issuance are compliant with Interpol’s rules and if there is any information on which ground we can challenge the notice before the CCF. Among the reasons why a Red Notice might not be compatible with the rules of Interpol is that it contradicts the “Universal Declaration of Human Rights” (stated in Article 2(1) of INTERPOL’s Constitution).

The Iranian penal code provides for punishments such as capital punishment by hanging, stoning, beheading, throwing from a height or by a firing squad. According to reports by Amnesty International, 312 people were executed in Iran in 2021. Other punishments are amputation of limbs, crucifixion and, very commonly, whipping.

Several international regulations, in addition to Article 3 of the Universal Declaration of Human Rights (which protects a person’s right to life, liberty and security), forbid torture and cruel treatment. These regulations also apply as extradition prohibitions if a suspect faces such sanctions.

• Article 3 of the ECHR (European Convention on Human Rights) prohibits torture and degrading and inhumane treatment or punishment.
• Article 19 of the EU Charter of Fundamental Rights states that no one may be removed, expelled or extradited to a state where there is a serious risk that they would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

If you are the subject of an Interpol Red Notice from Iran, you are advised to act fast to protect your freedom. Our team of expert extradition and Interpol lawyers will request information from Interpol and work closely with you to understand the details of your individual case, assess the validity of the Red Notice, and develop a personal defence strategy to get the Red Notice removed successfully. A red notice can also be challenged preemptively if you suspect you will be subject to one.

If you or someone you know has already been arrested because of an Interpol Red Notice, we will promptly contact the authorities and work tirelessly to remove it as soon as possible. Our internationally active law firm provides the needed legal experience, guidance, and support to navigate these complex legal procedures. Please do not hesitate to contact us through our contact form below.