Within the framework of international criminal law, one of the most widely used - and at the same time most misunderstood - instruments is the Red Notification of INTERPOL. This mechanism, often misinterpreted as an automatic international arrest warrant, plays a key role in cooperation between States to locate and provisionally arrest persons wanted for the commission of serious crimes.
However, the improper or abusive use of these notices can have devastating consequences for the fundamental rights of the individuals concerned, especially when they are activated for political or persecutory purposes or without sufficient legal basis. In this article we explain what a Red Notice is, how it works, how it differs from an international arrest warrant, and - most importantly - how it can be misused. how to contest.
What is an INTERPOL Red Notice?
A Red Notice is a notice that is international search request issued by the INTERPOL General Secretariat at the request of one of its member countries. Its purpose:
- Locate a person wanted by the justice system;
- Provisionally detain it;
- Facilitate their extradition at the request of the State issuing the alert.
This is not a binding arrest warrant.but of a international alert that each State may execute in accordance with its national legislation.
Requirements and procedure for issuance
To issue a Red Notice, the requesting country must:
- To have a valid arrest warrant issued by a competent judicial authority;
- Send a detailed request to the INTERPOL General Secretariat in Lyon, France;
- Justify that the crime for which the individual is wanted is of international relevance and complies with the principles of INTERPOL's Constitution.
The General Secretariat evaluates whether the request complies with the requirements of the internal rules of INTERPOL, in particular the Article 3 of the Bylawswhich prohibits acting in matters of a political, military, religious or racial nature.
Differences between Red Notice and European Arrest Warrant
Although both seek to facilitate the arrest and extradition of individuals, there are fundamental differences:
| Feature | Red Notice (INTERPOL) | European Arrest Warrant (EAW) |
|---|---|---|
| Legal nature | Non-binding | Judicial and binding |
| Emitter | Member country through INTERPOL | Judicial authority of an EU member state |
| Scope | World Cup | European Union |
| Legality control | INTERPOL General Secretariat | National courts of the requested country |
Frequent problems and abuses of the system
In recent years, a number of international organizations and human rights defenders have denounced the misuse of Red Notices by authoritarian regimes or regimes with deficient judicial systems. Some examples:
- Use to persecute political dissidents;
- Requests based on unwarranted legal proceedings;
- Requests that do not respect the principle of dual criminality.
This has led to INTERPOL, through its File Control Commission (CCF)strengthen review and oversight mechanisms, enabling those affected to may request the cancellation of the notification.
How to contest a Red Notice?
The affected person may present a request for cancellation or correction of the Red Notice to the CCF of INTERPOL, alleging, among other reasons:
- Absence of legality in the national arrest warrant;
- Violation of fundamental rightssuch as the right to due process or asylum;
- Political or discriminatory nature of criminal prosecution;
- Statute of limitations for criminal action or enforcement of sentence;
- Lack of proportionality or seriousness of the crime charged.
This process is confidential and may take several months. It is essential to submit sound legal argumentsaccompanied by documentary evidenceand, in many cases, supported by expert reports, international organizations or favorable court rulings.
Consequences of being subject to a Red Notice
Having an active Red Notice may involve:
- Provisional Detention in any country co-operating with INTERPOL;
- Restrictions on international mobility;
- Freezing of accounts or assetsdepending on local legislation;
- Migratory, reputational and labor difficulties.
- Reputational damage.
Even if the arrest is not executed, the presence in INTERPOL's databases generates a international stigma that can seriously affect the individual's personal and professional life.
Conclusion
The INTERPOL Red Notice is a powerful tool for combating international crime, but its use must be careful, legal and respectful of fundamental rights. The individuals concerned have the right to defend themselves, request its cancellation and, in many cases, have recourse to international protection mechanisms.
In contexts where human rights are at stake or there is political persecution, specialized legal advice is not only advisable: it is essential.
Are you the subject of an INTERPOL Red Notice or do you fear that one may be issued against you? Visit Venfort LawyersWe have successful experience in international criminal law and defense mechanisms before INTERPOL. We analyze your case with maximum confidentiality and help you protect your freedom and international reputation.
