An Interpol Red Notice can severely inhibit a person’s liberty, and have drastic consequences for a person’s reputation. We can assist in Red Notice cases by engaging with Interpol either prior to or following the issue of a Red Notice. Whilst seeking the removal of or amendment to a Red Notice can be a lengthy, uncertain and time consuming business, we have the skill and experience to assist clients through this difficult process. We regularly provide advice to professionals who face the issue of a Red Notice in the context of hostile civil litigation in jurisdictions such as the UAE, where the threat of criminal prosecution is a recognised tactic.
Red Notices are issued where a country wishes to seek the location and arrest of wanted individuals with a view to their extradition. Even where an extradition request is defeated, however, a Red Notice may remain live.
Whilst some Red Notices will be published on the Interpol website, often a person will be unaware that a notice has been issued. A Red Notice may lead to arrest even where there are no extradition arrangements between countries. In the UK, however, a Red Notice does not in itself amount to a domestic arrest warrant.
Frequently, challenges to Red Notices will be accompanied by a collateral challenge: a multi-faceted approach which engages not only with Interpol itself, but also the authorities in the country responsible for issuing the Red Notice and the country in which the person is based can be more likely to be successful than an approach to a single agency.
Although the nature and grounds of any approach will vary from case to case, it is possible to challenge a Red Notice on the grounds that it offends Interpol’s own particular rules, that is, its Constitution and the Rules on the Processing of Data. For example, the Constitution prevents Interpol from undertaking any intervention or activities of a “political, military, religious or racial character” whilst the Rules on the Processing of Data prevent Interpol from publishing a red notice where the offence originates from a violation of laws or regulations of an administrative nature or deriving from private disputes.
Partner and Head of Department
Professional Support Lawyer
Michael Caplan QC
Senior Associate (Barrister)