INTERPOL Lawyer | Red Notice Removal

Red Notices are issued by the General Secretariat at the request of a member country’s INTERPOL National Central Bureau and are made available for all member countries. This notice is grounded in a valid arrest warrant or judicial decision from the requesting country’s legal authorities. While Red Notices act as global alerts, they do not mandate arrest by member countries, leaving the decision to local law enforcement.

INTERPOL itself does not have the authority to arrest individuals. It facilitates international police cooperation by issuing notices like Red Notices. The decision to arrest is made by law enforcement agencies in member countries based on their national laws and the details of the Red Notice.

INTERPOL notices can be challenged through the Commission for the Control of INTERPOL’s Files (CCF). The process involves submitting a request to the CCF, which then reviews the notice for compliance with INTERPOL’s rules. Legal representation can be crucial in effectively presenting a case to the CCF.

The CCF operates as an autonomous and impartial entity within INTERPOL, tasked with ensuring that the processing of personal data aligns with INTERPOL’s rules and international legal standards. The CCF’s mandate is detailed in its Statute, Operating Rules, and the overarching legal framework of INTERPOL, which includes the organization’s Constitution. It is structured into two main chambers: one for supervisory and advisory functions and another for handling requests related to data access or deletion in the INTERPOL Information System, as well as reviewing applications for revisions.

Individuals have the right to submit the following types of requests to the CCF:

• Access requests: Seeking information on personal data held in INTERPOL’s databases.
• Deletion requests: Asking for the removal of their data recorded in INTERPOL’s files.
• Applications for revisions: Requesting a review of CCF’s previous decisions based on new, relevant facts that were not available during the initial review.

The majority of Red Notices are restricted to law enforcement use only. Extracts of Red Notices are published on the INTERPOL’s public website at the request of the member country concerned and where the public’s help may be needed to locate an individual or if the individual may pose a threat to public safety. Individuals can request information from INTERPOL to find out if they are subject to a Red Notice. This can be done by submitting a request to the CCF.

A Red Notice is not an international arrest warrant, but it can lead to extradition if the country where the individual is located agrees to extradite based on its own laws and the extradition treaty with the requesting country.

• Access to data: The Requests Chamber must decide on a request for access to data within four months from the date the request is declared admissible.
• Correction/deletion of data: For requests regarding the correction and/or deletion of data, the decision must be made within nine months from when the request is deemed admissible.
• Extensions: If necessary, the Requests Chamber can extend these timeframes based on the specific circumstances of a request.

While the founder’s prior professional experience within the CCF grants a unique expertise and understanding of the CCF’s jurisprudence and its decision-making process, it in no way bestows any power to influence the CCF’s Secretariat and/or the CCF members, nor the decisions they make. Due to the confidentiality and professional secrecy from the founder’s previous role, we cannot disclose any case-specific or other confidential/sensitive information acquired through or related to the founder’s duties at the Commission. Adhering to rigorous ethical standards, our firm abstains from engaging with cases the founder directly handled at the CCF and avoids any situations where previously acquired knowledge could pose ethical conflicts.