Interpol Red Notice: What It Is and What to Do

An Interpol red notice can turn any international trip into a risk of arrest. Yet it is a widely misunderstood instrument. This guide explains what it really is, what happens if a person is located in Spain and what can be done, including the request to remove the data.

What a Red Notice Is

INTERPOL is a police cooperation organisation of 196 member countries, with its General Secretariat in Lyon (France). A red notice is a request to the police forces of member countries to locate and provisionally arrest a wanted person, with a view to extradition or surrender. The essential point: it is not an international arrest warrant with automatic effect. Each state decides, under its own law, whether to act on it.

Diffusion and Red Notice: Not the Same Thing

Although used as synonyms, they should be distinguished:

• The red notice is published by INTERPOL's General Secretariat after a check for compliance with its rules.
• The diffusion is a message that a National Central Bureau sends directly to other countries, without that same prior control, although it may likewise request location and arrest.

Identifying which of the two figures applies to the person is the first step in mounting a defence.

What Happens if You Are Located in Spain

If a person subject to a red notice is located in Spain, they may be subject to provisional arrest for extradition purposes and brought before the National Court, the body competent for passive extradition under Law 4/1985 on Passive Extradition and the applicable treaties. The procedure has a judicial phase and a governmental phase. If the requesting country does not file the formal extradition request within the period provided, the provisional arrest must be lifted.

What to Do About a Red Notice

Some basic guidance:

• Verify the situation before travelling. Where a red notice is suspected, it is advisable to check before any international trip.
• Do not improvise. Crossing a border with an active notice carries a real risk of arrest.
• Have legal assistance that coordinates action in the country where the arrest takes place and before INTERPOL.
• Gather the documentation evidencing the defects of the record or the improper persecution.

Removal Before the CCF

The Commission for the Control of INTERPOL's Files (CCF) is an independent body, based in Lyon, that examines requests from persons recorded in INTERPOL's files. Through the CCF a person may request access to the data and, where appropriate, its correction or deletion. Common grounds for requesting removal include:

• Breach of Article 3 of INTERPOL's Constitution, which forbids any intervention of a political, military, religious or racial character.
• The inaccuracy of the data or the absence of due process guarantees in the country of origin.
• Refugee or asylee status where the notice originates from the country the person has fled.
• The limitation period of the facts.

Acting Preventively

Where there is a risk that a red notice may be issued, preventive measures can be taken: verifying the situation, preparing the exculpatory documentation and assessing action before the CCF before any arrest occurs. Anticipation significantly reduces the impact of the procedure.