How to remove a Red Notice/ Diffusion? A guide to challenging an Interpol Red Notice

At Red Notice Monitor, we not only track recent developments of Interpol and Red Notices, but also assist individuals in navigating the often complex web of challenges when faced with a Red Notice or Diffusion against them.

An Interpol Red Notice can have severe consequences on an individual's freedom of movement and reputation. While Red Notices are crucial tools in international law enforcement, they can sometimes be misused or issued based on flawed information, as we have extensively reported on this blog [see e.g. here]. If you find yourself subject to a Red Notice that you believe is unjust, challenging it is possible – the process can be complex and time-consuming.

Understanding Interpol Red Notices and Diffusions

There is a section on this blog dedicated to answering frequently asked questions.

A Red Notice is an electronic notification that one of Interpol’s member countries are seeking the location, arrest, and possible extradition of a particular person.

A Diffusion involves a less formal process than Red Notices. A Diffusion is a request for cooperation and information-sharing from Interpol member countries as opposed to the formal arrest request of the Red Notice. However, in practice a Diffusion can have the same effect as a Red Notice. A Diffusion can be circulated directly to specific member countries or to the entire Interpol membership.

Steps to Challenge a Red Notice

1. Is there a Red Notice/ Diffusion against me? Only some Red Notices are actually published on Interpol’s ‘wanted list’. While local police may sometimes be able to provide this information, it is often the case that information is restricted. A request can be submitted to receive information or to ask for a removal. Depending on whether you already know that there is a Red Notice against you, or whether you suspect that there might be one, a request for access to information or a request for correction/deletion can be submitted.

2. The request for information or correction/deletion is filed with the Commission for the Control of Interpol's Files (CCF). This independent body is responsible for ensuring that the processing of personal data by Interpol complies with the organization's rules.

3. Preparing a Detailed Challenge: A legal professional can assist you in crafting a comprehensive argument for the removal of the Red Notice. This may include:

   1. Evidence of political motivation behind the notice

   2. Proof of violation of human rights or due process in the requesting country

   3. Demonstration that the case does not meet Interpol's criteria for Red Notices

   4. Evidence of mistaken identity or factual errors in the notice

4. Supporting Documentation: Along with the challenge, all relevant evidence and documentation should be submitted. This might include:

   1. Court documents proving the case has been dismissed

   2. Witness statements

   3. Expert opinions

   4. Any other documentation that supports your case

5. Waiting for Review: The CCF will review the challenge – a process that can take several months, sometimes up to a year. During this time, the CCF may request additional information or clarification.

6. Consideration of Diplomatic Channels: In some cases, especially those with political implications, it might be advisable to engage in diplomatic channels.

7. Factors That Can Strengthen Your Challenge: Several factors can increase your chances of successfully challenging a Red Notice:

   1. Clear evidence of political motivation or human rights violations

   2. Proof that the underlying case has been resolved or dismissed

   3. Demonstration that the notice violates Interpol's constitution or rules

   4. Evidence of mistaken identity or factual errors in the notice

Potential Outcomes

The challenge process can result in several outcomes:

1. Complete removal of the Red Notice

2. Modification of the notice to correct errors

3. Retention of the notice if Interpol determines it complies with their rules. Even if the notice is not removed, a successful challenge can result in Interpol adding a note to your file indicating that you contest the validity of the notice.

Conclusion

While challenging an Interpol Red Notice is a complex process that can be daunting, it is important to remember that successful challenges are possible but require patience, expertise, and a strategic approach.

If you find yourself subject to a Red Notice that you believe is unjust, do not hesitate to contact us. At Red Notice Monitor, we have an outstanding track record in successfully challenging Interpol Red Notices and Diffusions. With the right approach and representation, you can fight to clear your name and regain your freedom of movement. Each case is unique, and the success of a challenge often depends on its specific circumstances. Get in touch to understand the best course of action for your situation. Help here: contact.