INTERPOL Red Notice: implications for travel

The INTERPOL Red Notice is one of the most powerful tools used for the international search for persons suspected or accused of committing serious crimes. For a person who has been issued an INTERPOL Alert, traveling can become extremely risky. International travel is restricted, and there are threats of detention and extradition to the country that initiated the request. In this article, we will look at how the Red Notice affects travel and what you should know to protect your rights and avoid unforeseen situations.

What is an INTERPOL Red Notice?

An Interpol Red Notice (Interpol roter hinweis) is an official request from an Interpol member country to other countries for assistance in identifying and detaining a person for further extradition. It is not an international arrest warrant in the legal sense, but in fact acts as a wanted notice. The notice contains information about the suspect or accused, including photographs, a description of his or her appearance, information about the crime of which he or she is suspected, and the legal basis for prosecution.

INTERPOL acts as an intermediary to pass this information between law enforcement agencies in member countries, enabling rapid data exchange to facilitate the apprehension of a person. Although a Red Notice does not oblige countries to arrest a person, many states perceive it as a basis for temporary detention pending a formal extradition request.

What are the grounds for extradition?

An INTERPOL Red Notice is issued on the basis of a request from a member state that is prosecuting a person for a serious crime. The main grounds for issuing such a notice are the existence of sufficient evidence or reasonable suspicion of a person’s involvement in criminal activity. This may be related to various types of offenses, including terrorism, corruption, money laundering, human trafficking, drug smuggling, and other international crimes.

To initiate a Red Notice, a country must submit the relevant documents to Interpol, which confirm the legitimacy of the prosecution and the existence of legal grounds for detention and extradition. Interpol checks the request for compliance with its rules and makes sure that it does not violate the organization’s principles, in particular the prohibition of persecution for political, military, racial or religious reasons. If all the conditions are met, the notice is issued and sent to the law enforcement agencies of the member countries.

Difference from an arrest warrant

An INTERPOL Red Notice and an arrest warrant are two different instruments of international justice that are often confused. The main difference between them lies in their legal status and functional purpose.

A Red Notice is a request for the search and temporary detention of a person issued by Interpol based on a request from one of its member states. It notifies countries that a person is wanted for extradition, but is not binding. This means that states can independently decide whether to detain a person on the basis of this notice. The Red Notice serves as a communication tool between law enforcement agencies and facilitates cooperation between them.

An arrest warrant is an official legal document issued by the judicial authorities or other authorized institutions of a particular state. It is binding within the jurisdiction where it is issued and is the basis for the arrest of a person. In the case of an international arrest warrant (internationaler haftbefehl), the issuing country must send a formal extradition request to the state where the suspect is located.

Thus, while an INTERPOL Red Notice can be used to detain a person pending a formal extradition request, it is not a legally binding warrant. An arrest warrant, on the other hand, is a legal instrument that has specific legal consequences and must be executed within a specific jurisdiction.

How does a Red Notice affect travel?

An INTERPOL Red Notice can significantly limit a person’s ability to travel abroad. The main consequence of such an alert is a high risk of detention while crossing the border or on the territory of a country that recognizes and maintains cooperation with INTERPOL. When checking documents, border services may receive a notification of a wanted person status, which often leads to detention for further clarification of circumstances and possible extradition proceedings.

In addition to the risk of detention, a red notice may affect the process of obtaining a visa or crossing borders. Many countries conduct background checks before granting a visa or entry permit and may refuse entry due to the presence of a notice. It may also create difficulties with booking airline tickets, as some airlines have access to databases and may refuse to transport persons who are internationally wanted.

It is important to understand that the presence of a red notice does not automatically mean that a person is guilty, but it is a ground for temporary detention for law enforcement agencies. This can lead to travel delays, interrogations, and inspections, which greatly complicates travel and can ruin plans even when transiting international airports.

How to lift an INTERPOL Red Notice?

Removing an INTERPOL Red Notice is a complex process that requires professional legal assistance and knowledge of international law. The first step in this process is to contact a lawyer who specializes in international law and has experience in dealing with Interpol. The lawyer will help you assess the legitimacy of the notice and prepare the necessary documents to appeal it.

An appeal against a red notice is made through the Interpol Control Commission on Files (CCF), which is an independent body that reviews requests for legality and compliance with Interpol rules. An application must be submitted to the CCF with arguments regarding the illegality or violation of human rights in the issuance of the notice. It is important to provide evidence of political motivation for the prosecution or violation of the principle of double criminalization, if such circumstances exist.

The review process can take several months, during which the commission analyzes evidence and arguments from both sides. If the CCF finds a violation or confirms that there are doubts about the legitimacy of the notification, it can be canceled or amended. The Commission’s decision is binding on all Interpol member countries.

It is important to understand that success in removing a red notice depends on the correct preparation of documents, clear arguments and professional legal support. This ensures maximum protection of personal rights and minimizes risks during international travel.

How to protect your rights while traveling?

Protecting your rights while traveling with an Interpol Red Notice requires preparation and knowledge of the legal nuances. You should consult a lawyer specializing in international law. They will help you determine your legal status and advise you on the next steps.

Before traveling, check your status in the Interpol database by submitting a request to the Interpol Commission for the Control of Files (CCF). This will help you prepare for possible situations at the border. Prepare documents confirming your innocence or the legitimacy of your position.

When traveling, be prepared for inspections. In case of detention, stay calm and exercise your right to a lawyer. A lawyer will ensure your defense and help you avoid detention. Have with you the contacts of your country’s consulate, which can provide support and assistance.