What Is a Red Notice and Why Is It Important to Request Its Suspension?
An Interpol Red Notice is an international alert issued to signal that a person is wanted by a State to face legal proceedings or extradition. However, it is not a formal arrest warrant, and in many cases, it is possible to request the suspension of the Interpol Red Notice, thereby preventing the immediate arrest of the individual concerned.
A Red Notice is not a mandatory arrest order, but an international request that can lead to the arrest of a person in any of Interpol’s member countries. Its function is to inform other countries’ authorities that an individual is wanted.
It is not binding and does not guarantee immediate arrest.
Requesting the suspension of a Red Notice is a fundamental step to protect personal freedom because it:
- Prevents immediate arrest in Interpol member countries.
- Provides time to organize a legal defense and challenge the validity of the alert.
- Safeguards the individual’s fundamental rights and reduces the risk of arbitrary detention.
How to Request the Suspension?
Suspending an Interpol Red Notice is possible through the Commission for the Control of Interpol’s Files (CCF), the body responsible for reviewing requests to suspend or delete alerts.
Steps to Request Suspension of a Red Notice:
- Verification of Registration: The first step is to ask the CCF to confirm whether the individual’s name is indeed listed in Interpol’s database.
- Filing a Suspension Request: The person’s lawyer must demonstrate that the Red Notice violates Interpol’s Constitution. For example, if it was issued on political, military, religious, or racial grounds, or if it breaches the individual’s fundamental human rights.
- Supporting Documentation: Concrete evidence must be submitted, such as court rulings, reports by international NGOs (like Amnesty International or Human Rights Watch), and case law from the European Court of Human Rights (ECHR) proving the rights violation.
- Outcome of the Request: If the CCF accepts the request, the Red Notice is suspended, preventing immediate arrest while awaiting a final decision on its cancellation.
Grounds for Immediate Suspension
The CCF may grant immediate suspension of a Red Notice in several cases, including:
- Violation of Article 3 of Interpol’s Constitution: If the Red Notice was issued for political, military, religious, or racial reasons.
- Risk of an Unfair Trial: If the individual risks torture or inhuman treatment in the requesting country, violating Articles 3 and 6 of the European Convention on Human Rights (ECHR).
- False or Insufficient Evidence: If the Red Notice is based on unverifiable or misleading evidence.
- Violation of the Non-Refoulement Principle: If the person risks persecution or severe human rights violations in the requesting country.