Interpol Red Notice: Defense and Removal

What an Interpol Red Notice Is

INTERPOL (the International Criminal Police Organization) is a police cooperation organization 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, surrender or other lawful action. It must be stressed that it is not an international arrest warrant with automatic effect: each state decides, under its own law, whether to act on it.

A red notice is requested by a member country's National Central Bureau (NCB) and published by the General Secretariat after a compliance check against the organization's rules, essentially INTERPOL's Constitution and its Rules on the Processing of Data.

Red Notice and Diffusion: Differences

Two figures with similar effects but different channels should be distinguished:

• Red notice: published by INTERPOL's General Secretariat after reviewing compliance with the Constitution. It is accessible to every National Central Bureau.
• Diffusion: a message that a National Central Bureau sends directly to other member countries, without the same prior control by the General Secretariat. It may likewise request location and arrest.

There are also other notices identified by colors (blue, green, yellow, black, orange and purple) and the special INTERPOL–United Nations Security Council notice. Identifying which figure applies to the client is the first step of the defense.

What Happens if There Is a Red Notice Against You in Spain

When a person subject to a red notice is located in Spain —for example, on crossing a border or in an identity check— they may be subject to provisional arrest for extradition purposes. From that point they are brought before the National Court, the body competent for passive extradition under Law 4/1985 of 21 March on Passive Extradition and the applicable international treaties.

The procedure involves a judicial phase, before the National Court, and a governmental phase, in which the Government decides. During processing, the court rules on personal status (release, release with precautionary measures or provisional detention). If the requesting country does not file the formal extradition request within the period provided, the provisional arrest must be lifted.

Removal Before the Commission for the Control of Files

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 recorded data and, where appropriate, its correction or deletion when the record does not comply with the organization's rules.

Common grounds for requesting removal include: breach of Article 3 of the Constitution (matters of a political, military, religious or racial character), inaccuracy of the data, the absence of due process guarantees in the country of origin, refugee or asylee status, or the limitation period of the facts. The CCF decides in writing and may recommend that the General Secretariat delete the data.

Defense Strategy and Preventive Measures

Defense against a red notice works on two levels. On the international level, through the request to the CCF to review and, where appropriate, delete the data. On the domestic level, by opposing extradition before the National Court where grounds for refusal apply. Both levels must be coordinated to avoid contradictions.

Where there is a risk that a red notice has been or 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 reduces the impact on travel, visas and banking relationships.