In today’s post, we deviate from our usual formatting to answer some of the questions frequently posed by Red Notice subjects:
Q: How can a Red Notice be issued based on false charges?
A: As written in a similar blog posted previously, INTERPOL allows its member countries to request or issue Red Notices if certain application criteria are met. Those criteria do not include proof of guilt (although a record of a conviction is acceptable to INTERPOL as well.) If a member country submits a Red Notice request that is based on a false accusation, INTERPOL often has no way of knowing the false nature of the charge. INTERPOL acts as an information conduit, not as a court that determines guilt or innocence.
Q: How long will INTERPOL take to respond to an application for removal, revision, or relief?
A: INTERPOL’s rules require, as noted in the CCF’s frequently asked questions page that requests for correction and/or deletion shall be decided within nine months after becoming admissible. After a decision is made, the CCF will notify the applicant within one month. However, the CCF advises that it is currently behind schedule, resulting in delayed decisions.
Q: What/who is involved in removing a Red Notice?
A: An application for removal of a Red Notice should include the domestic, international, and INTERPOL’s rules- based violations, and proof of those violations. If a Red Notice has been wrongly issued, it is advisable to contact a qualified, experienced lawyer to assist you in your removal request. Requests are sent to INTERPOL’s Commission for the Control of INTERPOL Files(CCF) for review. If the request has been submitted following INTERPOL instructions and the notice was improperly issued, it should be removed from INTERPOL’s databases.
Q: Can I travel as a Red Notice Subject?
A: Technically, yes. However, traveling as a Red Notice subject includes the risk of being detained, questioned, or arrested. Countries handle Red Notices differently, but there is always a risk when traveling for Red Notice subjects, particularly given that the purpose of a Red Notice is to assist in the detention and extradition of wanted people.
Q: How do I find out if I am the subject of a Red Notice?
A: The most reliable way to confirm whether you are a Red Notice subject is for the potential subject or her attorney to reach out to INTERPOL’s CCF. INTERPOL’s website has a small number of subjects listed publicly, however the vast majority are kept private as the subjects are easier to find and detain.
As always, thoughts and comments are welcomed.