Interpol is an international organization whose mission is to promote international cooperation in the fight against crime. One of Interpol’s best known tools is the red notice, which is used to track down persons accused of serious crimes. However, there are situations where a red notice can be challenged on various grounds. Let’s take a look at five key grounds for challenging an Interpol red notice, and explain how lawyers experienced in handling such cases can help with the process.
What is an Interpol Red Notice?
An Interpol Red Notice is a request for the temporary arrest of a person for the purpose of his or her subsequent extradition to the country that initiated the search. This notice is not an international arrest warrant, but it has a significant impact on a person’s freedom of movement, as most Interpol member countries consider such notices as grounds for detention.
A red notice may be issued at the request of a country if there is sufficient evidence that a person has been involved in a crime. However, in some cases, such notifications are used in violation of international law and human rights, giving rise to grounds to challenge them.
Why Should you Challenge a Red Notice?
There are many reasons why a person may wish to challenge a red notice. Challenges may involve both legal and political aspects, and it is important to consider possible violations of international laws, human rights and other grounds that may be used to successfully invalidate the notification.
If a red notice has been issued against you, the assistance of a qualified Interpol attorney will not be superfluous. Timely legal support will significantly increase the chances of successfully challenging and removing an Interpol red notice.
Political Motivation
One common ground for challenging a red notice is that it is politically motivated. In some cases, notices are used to prosecute opposition politicians or activists with no connection to actual crimes. Article 3 of the Interpol Constitution prohibits interference in political, military, religious or racial affairs, making political motivation a serious violation of the organization’s rules.
Examples of the use of politically motivated notifications include cases against opposition activists and journalists who have been arrested in third countries at the request of authorities seeking to suppress dissent.
Human Rights Violations
A red notice can be challenged if it results in a violation of fundamental human rights and freedoms. For example, the notification may entail unlawful detention, torture or other forms of ill-treatment, in violation of a number of international conventions, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
International human rights organizations such as Amnesty International and Human Rights Watch often intervene in cases where red notice results in serious human rights violations.
Lack of Dual Criminality
The concept of dual criminality is fundamental in international law. It means that a person can only be extradited if the act with which he or she is charged is a crime in both the initiating country and the country where the person is located. If the offense does not fall within the jurisdiction of both countries, this may be grounds for challenging the red notice.
For example, if certain political or religious beliefs are legally prohibited in one country, but such actions are legal in the host country, the notification may be challenged on the basis of lack of dual criminality.
Insufficient Legal Basis
It is also possible to challenge a red notice if there is insufficient legal basis for its issuance. This can occur if the evidence against a suspect is insufficient or if the notice is issued without due process. According to the Interpol statute, notifications must comply with international standards of justice and legality.
In case of any problems, please contact our lawyer Dmitry Konovalenko. He will help you initiate a review of the legality of the notification through the Interpol File Control Commission, which analyzes the grounds on which the notification was issued and may recommend its annulment.
Expired or Resolved Criminal Case
A red notice may be challenged in cases where the criminal case has been closed or the statute of limitations has expired. According to international standards, such notifications should not be retained in INTERPOL databases if the criminal case no longer has legal grounds to continue.
The conclusion of a criminal prosecution or its successful resolution may be grounds for immediate revocation of an Interpol red notice.
How Interpol Red Notice Lawyer Can Help you?
Lawyers experienced in Interpol red notice cases can provide significant assistance in protecting the rights and interests of the accused. They will conduct a detailed analysis of the grounds for the notice, help gather evidence to challenge it, and represent your interests before international bodies.
Contact our Interpol law firm experts, who have years of experience handling Interpol cases, will help you every step of the way. Whether you are a victim of politically motivated persecution or you are unlawfully accused of human rights violations, we will ensure that your interests are protected in the international legal system. We offer comprehensive legal support and a deep understanding of international standards of justice.
