What is a Red Notice?
A Red Notice is a request from Interpol to law enforcement agencies across the world to help locate and provisionally arrest an individual. They are issued by Interpol at the request of member country authorities, usually as a result of an arrest warrant or Court order which has been issued in their locality. The Notice itself is considered an international alert and not an arrest warrant per se and even in the UK, amongst other countries, it does not, of itself, provide a lawful reason for an arrest.
In simple terms, a Red Notice forms part of an electronic alert system to notify law enforcement agencies that there is a risk that the individual in question will flee a country’s jurisdiction and ultimately evade justice for an alleged criminal offence. It is call for the local police to arrest the person if they are successfully identified and subsequently help return – or extradite – them to a country to face proceedings. The person fleeing is often referred to as a fugitive.
A Red Notice contains very specific details in order to correctly be able to identify the individual, including personal attributes such as hair colour, eye colour, fingerprints and other distinguishing features. Often it includes a photo. It also includes information about the crime they are accused or have been convicted of. The Red Notice is distributed to National Police and Boarder Agencies, as well as being stored on Interpol’s secure database, accessible by the 196 member countries, acting as a digital alert system. Occasionally is it placed on Interpol’s public website, although this is unusual.
If you are the subject of a Red Notice, it can significantly impact your personal liberty such as your ability to travel freely. It is also likely to impact your personal reputation and financial affairs. Sometimes you might be unaware of the Notice being applied until you are identified by local authorities and even if the extradition request has been quashed, the Notice can remain live, often unbeknown to the individual.
Red Notices are usually triggered where an individual is being investigated or prosecuted for serious crimes such as murder, terrorism or drug trafficking offences. Often the individual has fled or is likely to attempt to flee the jurisdiction. It cannot be requested for political, military, religious or racial matters.
Who is Interpol?
The International Criminal Police Organisation – or Interpol – are an intergovernmental organisation consisting of 196 member countries across the globe.
Interpol is designed to help the police in each of the member countries work together by sharing data on crimes and criminals in real-time. It also provides investigative support services such as forensics and assistance in locating fugitives and its expertise in renowned in 4 particular areas: terrorism, cybercrime, organised crime and financial crime & anti-corruption.
Interpol provides a crucial coordination amongst countries to maintain a global information database. Its actions are politically neutral and are always taken within the limits of the laws of its member countries.
Who requests and enforces a Red Notice?
Requests for Red Notices originate from the country where an individual has been accused of or convicted of a crime, with a view of their extradition back to the originating country.
A Red Flag cannot compel a member country to arrest the person identified and each individual country will decide what action, if any, law enforcement agencies in their area will take. Even if the individual is ultimately arrested, it does not automatically result in their immediate extradition.
What happens if I am Extradited?
If you are extradited as a result of an Interpol Red Notice, it is likely that you will have been arrested by the police. You may be arrested in a location which is not the country in which you are facing proceedings or sentencing.
The primary goal of an extradition is to bring the individual back to the country where criminal proceedings or sentencing is ongoing to ensure justice is served.
After your arrest, a request for extradition is made by the initiating country, which will start the formal process. The process is be based on bilateral or multilateral treaties whereby countries agree to help move individuals between themselves and co-operate to meet law enforcement aims.
The request for extradition must be reviewed by the arresting country’s courts to determine whether it complies their own laws. They often take into consideration such things as risk of human rights violation or political motivation. If the courts approve of the extradition request, then the individual will be surrendered to the requesting country.
Can you oppose a Red Notice?
Challenges to Red Notices are possible and this can be done pre-emptively or once a Notice has been applied.
In both scenarios, it is possible to provide representations to Interpol, stating why the Notice is not appropriate or that it violates Interpol’s rules.
Interpol has its own independent and impartial body – the Commission for the Control of Interpol’s Files (CCF) – which makes sure all the data held complies with its rules and policies. An application can be made to the CCF to delete a Red Notice, but evidence will normally be required to support the deletion request. Again, this could evidence of a direct violation of human rights should the Notice result in an extradition request or lack of clarity or credibility of information regarding the proceedings against the individual.
An application can also be made to the National Central Bureau, which is the national body responsible for dealing with Interpol matters – in the UK this is part of the National Crime Agency.
What should I do if I have a Red Notice against me?
If you believe you are subject to a Red Notice or are concerned about an application being made, it is advisable to discuss your concerns with legal experts. Reeds Solicitors can provide you with individual, bespoke advice in relation to the specific facts of your case, together with drafting representations in your defence. Reeds aims to ensure you the best possible outcome, whilst limiting any personal and professional impact.
If you would like advice on any of the issues raised in this article, contact us today by calling 0333 240 7373, email us at [email protected], or use our contact form.