International law has become the foundation for cooperation between states in matters of criminal prosecution, especially in cases where the crime has a transnational nature. One of the key tools for coordination is Interpol's red notice. This mechanism is used to share information about individuals wanted for committing criminal offences. For travellers, international businessmen, or individuals under legal pressure, knowing how to check an Interpol red notice and what to do if you are subject to one is extremely important.
An Interpol Red Notice is an official request from the law enforcement agencies of one country to Interpol, asking for assistance in locating and provisionally arresting an individual pending possible extradition. It is not an arrest warrant in the legal sense, but it signals to member countries of Interpol the need to detain the suspect. According to Article 82 of the Interpol Constitution, such notices are issued only at the request of competent authorities and must be accompanied by sufficient evidence proving the individual's involvement in criminal activities.
A Red Notice operates within the framework of international law and is closely linked to extradition procedures, which are governed by multilateral and bilateral agreements. For instance, the European Convention on Extradition and the UN Convention against Transnational Organized Crime establish procedures for cooperation between states on such matters.
A Red Notice is typically issued at the request of governments for the purpose of locating individuals suspected of serious criminal offences, such as:
One striking example of using an Interpol notice is the arrest and subsequent extradition of individuals accused of tax evasion, which is governed by international tax agreements. In this context, the OECD Convention on Mutual Administrative Assistance in Tax Matters is operational.
If you suspect that you are subject to an Interpol notice, it's crucial to know how to carry out a check. Interpol provides certain facilities for verifying such information through its publicly accessible resources.
The first step to take is to visit the official Interpol website, www.interpol.int. This website provides access to a database of individuals who are subject to international search requests, including those under Interpol's Red Notice. It's worth noting that not all notices are displayed publicly, as some may be confidential due to the nature of the case or national interests.
In the "wanted person " section on the Interpol website, you can find a list of individuals for whom Red Notices have been issued. Each request includes information about the person, their photographs (if available), a description of the crime, and the requesting country. However, it's important to understand that just because your name isn't in this database doesn't guarantee that a notice hasn't been issued against you. Some notices remain confidential due to agreements between states or in the interests of an investigation.
In accordance with the General Data Protection Regulation (GDPR) of the European Union, individuals may access their personal data and request its modification or deletion if it has been unlawfully used.
Upon discovering the presence of a notice or suspecting that one might be issued against you, you must take immediate action. The situation calls for urgent legal advice, as Interpol notices can have a significant impact on your freedom of movement and professional activities.
The first and most crucial step is to consult a qualified INTERPOL solicitor specialising in international criminal cases and extradition. An expert in international law will help you assess how legitimate the Red Notice is, as well as explain what steps can be taken to protect your rights. This is particularly important if the notice has been issued for political reasons or as a result of abuse of the international search system. International treaties, such as the International Covenant on Civil and Political Rights (ICCPR), protect against unlawful persecution at an international level, which can also be used in your defence.
If you suspect that a notice has been issued concerning you, but it is not publicly accessible, you can submit an official request for access to your data through the Commission for the Control of INTERPOL's Files (CCF). This body is responsible for reviewing the data stored in INTERPOL's systems and ensures that human rights are upheld during the data processing procedure. In your request, you can demand clarifications regarding the basis for the search and challenge the legitimacy of the red notice itself.
The legislation governing the processing and storage of personal data within the Interpol system is based on international agreements on the protection of human rights and personal data, including the International Convention for the Protection of All Persons from Enforced Disappearance.