The threat of an Interpol Red Notice must be taken very seriously as it can affect all aspects of a person’s life. Fortunately, an Interpol Red Notice can be challenged before it is in circulation. Therefore, if there are indications that you may be the future target of an Interpol Red Notice or Diffusion, it is possible to prepare a challenge to prevent the Red Notice or Diffusion from being published in the first place. Our expert Interpol lawyers at Schlun & Elseven are here to help you take control of the situation in advance.

An Interpol Red Notice can be requested by any of Interpol’s member countries, as well as by international criminal courts and tribunals. The request is reviewed by Interpol’s General Secretariat, which decides whether to approve it based on compliance with Interpol’s rules. Once approved, the Red Notice is circulated to police authorities in all member states, informing them of the suspect and the charges against them. The objective is to locate, arrest, and extradite the wanted individual to the country that requested the notice.

It is important to understand that the publicly accessible Red Notice database on Interpol’s website, commonly referred to as the Most Wanted List, contains only a fraction of all active Red Notices. You may therefore be subject to a notice without appearing on the public list. Furthermore, Interpol Diffusions, a mechanism operating similarly to a Red Notice, are not visible in the public database at all. Submitting a formal inquiry to Interpol is the only reliable way to determine whether a notice exists against you.

In many cases, individuals are not aware that a Red Notice is being sought against them until they are arrested. However, there are circumstances that should prompt immediate legal advice, as they may indicate that a Red Notice or Diffusion is forthcoming. These include ongoing criminal proceedings against you in a foreign country, a politically motivated investigation involving foreign authorities, prior contact with foreign law enforcement or prosecutors, the freezing of assets in a foreign jurisdiction, or credible information from a reliable source that a notice is being prepared. If any of these circumstances apply to your situation, acting preemptively is strongly advisable.

The first step in preventing an Interpol Red Notice is to determine whether one already exists. Our lawyers will submit a formal request to the Commission for the Control of Interpol’s Files (CCF) to access your file and establish whether any notice is currently in circulation against you.

Where no notice is found, we proceed to file a preventive request with the CCF. This request sets out the reasons why any anticipated notice would be wrongly targeted, based on false information, or non-compliant with Interpol’s rules. Interpol’s own regulations require that all data stored in its information systems must be accurate, relevant, up-to-date, and not excessive in relation to their purpose. A preventive request effectively alerts the CCF to a potentially abusive or unlawful notice request before it is submitted by the national authorities, enabling the CCF to scrutinize it more closely upon receipt.

In addition to Red Notices, Interpol member states can circulate Diffusions, which operate similarly to Red Notices but with fewer formal requirements. Unlike Red Notices, Diffusions are not reviewed by the General Secretariat before being circulated and are not visible in Interpol’s public database. They can nonetheless lead to arrest and extradition and should therefore be taken equally seriously. Where there is reason to believe that a Diffusion may be sought against you, the same preemptive steps apply. Our lawyers will assess the risk of both Red Notices and Diffusions in your case and take the appropriate preventive action.

The Commission for the Control of Interpol’s Files (CCF) is an independent and impartial body responsible for reviewing all requests for access to and deletion of data in Interpol’s files. It examines notice requests to ensure they comply with Interpol’s rules and regulations. It is important to note, however, that the CCF does not assess the validity of the underlying criminal charges. Its role is limited to examining whether the notice complies with Interpol’s procedural and substantive rules. Understanding this distinction is essential when preparing a preventive challenge, as the focus must be placed on demonstrating non-compliance with Interpol’s rules rather than contesting the merits of the charges themselves.

In some cases, a Red Notice may be issued despite preemptive efforts. Where this occurs, it can still be challenged and removed. Our lawyers will submit a formal challenge to the CCF, presenting all available grounds for deletion. These include political motivation, contradiction with the Universal Declaration of Human Rights, failure to meet minimum penalty requirements, or the offense falling within Interpol’s list of excluded categories. Where a Red Notice has already been issued, acting swiftly remains critical. The sooner a challenge is filed, the sooner the notice can be removed and your freedom of movement restored.

If you have reason to believe that an Interpol Red Notice may be sought against you, acting quickly is essential. Our Interpol lawyers will assess your situation, advise you on the specific steps available to prevent the notice from being issued, and handle all communication with Interpol and the relevant national authorities on your behalf. In some cases, direct contact with the member state seeking the notice may also be an effective course of action. Contact us now through our secure contact form for immediate and confidential assistance.