Interpol notices are tools for cooperation between member states to combat international crime. However, in some cases, these notifications may be misused to target political dissidents or individuals who are unfairly persecuted.
Let’s explore when and how it is possible to request the removal of a Red Notice or other Interpol notices.
Interpol Notices: Types and Functioning
Interpol uses an international notification system called Notices, which are not arrest warrants but serve to share information among police forces in member countries.
Main Types of Interpol Notices
- Red Notice: Request for location and provisional arrest pending extradition.
- Blue Notice: Request for information about an individual.
- Green Notice: Alert on dangerous individuals.
- Yellow Notice: Search for missing persons.
- Black Notice: Identification of unidentified bodies.
- Orange Notice: Warning about security threats.
- Purple Notice: Sharing information on criminal modus operandi.
- Interpol Diffusions: Similar to Notices but issued directly by member states and less formal.
Reasons for the Cancellation of an Interpol Notice
There are various reasons to request the cancellation of a Red Notice or other notifications, based on Interpol’s Constitution and international human rights regulations.
1. Violation of Interpol’s Constitution
Article 3 of Interpol’s Constitution prohibits any involvement in matters of a political, military, religious, or racial nature. If a Red Notice is issued for political reasons, it can be challenged and removed.
Examples of Red Notices challenged for political reasons:
- Bill Browder (2013-2018): Interpol repeatedly rejected Russia’s requests.
- Aleksei Navalny: Request was dismissed due to political motivations.
2. Lack of Legal Basis
A Red Notice can be canceled if:
- There is no valid arrest warrant.
- The legal proceedings are seriously flawed.
- The charges are groundless and serve only to persecute an individual.
3. Risk of Human Rights Violations
According to the European Convention on Human Rights (ECHR) and other international regulations, a Notice can be canceled if it involves:
- Risk of torture or inhumane treatment (Article 3 ECHR).
- Unfair trial and lack of legal guarantees (Article 6 ECHR).
- Violation of the non-refoulement principle, which prohibits extradition to countries where there is a risk of persecution.
Procedure for the Removal of a Red Notice
The request for the cancellation of a Red Notice must be submitted to the Commission for the Control of Interpol’s Files (CCF), the independent body responsible for reviewing requests for notice revisions.
1. Gathering Documentation
Before submitting an appeal, it is essential to collect solid evidence supporting the request for cancellation, such as:
- Judicial documents proving the illegitimacy of the Red Notice.
- Court rulings from international tribunals refusing extradition.
- Reports from NGOs (Amnesty International, Human Rights Watch) on human rights violations in the requesting state.
2. Submission of the Request to the CCF
The request must include:
- Personal details of the concerned individual.
- Copy of the Red Notice (if available).
- Legal arguments challenging the validity of the notice.
- Supporting documentation.
Where to submit the request?
To the Commission for the Control of Interpol’s Files (CCF), headquartered in Lyon, France.
3. Evaluation by the Commission
The CCF will assess the case to verify whether the Red Notice complies with Interpol regulations and fundamental rights. The evaluation criteria include:
- Potential political persecution.
- Violation of human rights.
- Lack of a legal basis for the request.
4. Decision and Removal of the Red Notice
If the CCF approves the appeal, the Red Notice is removed from Interpol’s database and will no longer have any effect on member states.
Defense Strategies for the Cancellation of a Red Notice
Each case requires a personalized strategy. However, some common defenses include:
1. Proving the Political Nature of the Notice
If a Red Notice was issued for political reasons, the following evidence can be provided:
- Proof of the individual’s role as a dissident or activist.
- Court rulings recognizing political persecution.
- NGO reports documenting repression in the requesting country.
2. Involving the Government of the Country of Residence
A country can oppose a Red Notice against its citizen or resident by taking measures such as:
- Requesting cancellation through the Ministry of Justice.
- Initiating diplomatic action to demand removal from Interpol.
3. Demonstrating the Risk of Torture or an Unfair Trial
Judgments from ECHR or other international courts can be submitted to prevent extradition.
Conclusion
The cancellation of a Red Notice is a complex process that requires:
✔ A detailed legal analysis.
✔ A defense strategy based on international regulations.
✔ Proper collection of evidence and documentation.
✔ Assistance from lawyers specializing in international law.
Since the procedure can be lengthy and delicate, it is crucial to rely on legal experts to maximize the chances of success.