The issuance of Interpol Red Notices can have profound consequences, drastically affecting the personal, professional, and family life of those targeted. With so much power afforded to this mechanism, countries need to ensure they are used appropriately, and Interpol must be vigilant in preventing them from being misused, especially for political reasons. However, authoritarian states in particular, have been known to abuse the powerful mechanism to silence dissent and locate political targets. The gravity of a potential arrest and extradition demands urgent and comprehensive legal assistance.

At Schlun & Elseven, our team of German extradition lawyers specializes in providing robust defense strategies for clients facing politically motivated Interpol Red Notices. If you find yourself targeted by such a Notice, we strongly urge you to contact us immediately, allowing us to address this critical issue on your behalf promptly.

Interpol, the International Criminal Police Organization, issues Interpol Red Notices to seek the arrest and extradition of a wanted person globally. An Interpol Red Notice informs police authorities worldwide about a wanted person. It includes data like the suspect’s name, date of birth, nationality, facial features, and details about the crime they committed.

A Red Notice must be requested by a member state of Interpol or by an International Criminal Court and Tribunal. Interpol itself does not issue Red Notices independently. If approved, national police authorities of the country where the suspect is located can examine the notice themselves, decide whether to make an arrest and start extradition proceedings to the requesting country.

Interpol Red Notices must comply with Interpol’s regulations; therefore, certain factors can render a notice invalid and subject to removal. Our lawyers thoroughly examine each case for the following grounds:

• The request contradicts the fundamental principles enshrined in the „Universal Declaration of Human Rights“ (as stipulated in Article 2(1) of INTERPOL’s Constitution),
• A request predominantly bears political, military, religious, or racial undertones (as articulated in Article 3 of INTERPOL’s Constitution), it lacks the necessary credibility.
• The Red Notice request fails to satisfy the stipulated minimum penalty requirements.
• The alleged crime falls within Interpol’s list of excluded offenses for Red Notices—such as prostitution, personal drug possession, adultery, abortion, or bigamy.

Our lawyers‘ extensive experience in the defense against Red Notices has equipped us with comprehensive knowledge and strategic expertise, enabling us to navigate the intricacies of Red Notice removal effectively. For examples of our work, you can read these notable cases involving the successful deletion of Interpol Red Notices originating from Russia and Saudi Arabia.

Interpol has committed itself to be politically neutral and not to issue politically motivated Red Notices. Article 3 of Interpol’s Constitution states that Red Notices are not permitted if the request is of a predominantly political, military, religious or racial character. This commitment was also validated in Interpol’s Resolution AG-2006-RES-04 („Statement to reaffirm the independence and political neutrality of Interpol“).

Such commitment ensures that offences like treason, espionage or divulging state secrets do not comply with the rules of Interpol regarding the issuance of Red Notices. However, there are still significant problems with ensuring that the authorities of autocratic states are not misusing Interpol Red Notices.

According to Interpol, 353 Red Notice requests were denied by the General Secretariat in 2021 because they contradicted Article 3 of Interpol’s Constitution. However, this is not a sign that the issue is being comprehensively handled. There are still significant criticisms regarding the untransparent reviewing process, as well as recurrently issued Red Notices that are used for political persecution. A study from February 2022, commissioned by the European Parliament, states that the number of politically motivated Red Notices has increased in recent years and is not likely to decrease soon as review processes are inadequate and untransparent.

The consequences of being the subject of a Red Notice are extensive. Especially if the Red Notice is made public on Interpol’s website. Alongside all risks that come with a Red Notice anyway, the involvement of the international public adds to public scrutiny, being stigmatized due to the association with criminal activity and possibly irreversible reputational damage. Concerning politically motivated red notices, the objective can be to defame the person involved exactly this way.

At Schlun & Elseven, our goal is to bring new and relevant information forth, so the General Secretariat has to re-evaluate the request and, if it is no longer in compliance with the rules and Interpol Constitution, delete it and remove it from all national databases. Our German extradition lawyers will thoroughly review the existing data to search for information that will help build the strongest possible case on your behalf.