When a member state requests INTERPOL to publish data on a suspect or convicted person, INTERPOL sends this data internally to every member state's database. There is a publically available list. However, sometimes the requesting member state expressly requests that the suspect or convicted person's data are omitted from the publicly available list, found here.
How do I know if I am subject to a RED NOTICE?
The first step is to check the public list. In addition, enquiries can be made to INTERPOL to establish whether your name is on the private list; though expert advice should be sought before doing so as this poses a risk of disclosing your location to the requesting member state.
Further, INTERPOL are not necessarily obliged to disclose whether they hold data on you. Gherson have extensive experience in dealing with these sorts of enquiries.
Four ways to challenge a RED NOTICE.
The first way to challenge a Red Notice is through challenging the validity of a Red Notice. The INTERPOL rules state that the offence must be "a serious ordinary-law crime". As such, Red Notices must not be issued for private or civil disputes. There are also provisions relating to the length of the applicable sentence. INTERPOL retains some discretion here, so this challenge may be the weakest route of challenge, though it remains a potential route to recourse.
The second way to challenge a Red Notice is through another provision of the rules, which prescribes that sufficient details must be provided. Given the volume of Red Notice requests INTERPOL receive, it is often worth ensuring that INTERPOL have made the relevant detailed enquiries in respect of these thresholds. There is often ample scope to make your case through representations to INTERPOL to explain why the threshold may not have been met.
The third way to challenge the validity of a Red Notice is to argue that mutual assistance with the requesting member state's request is not "in the spirit" of the Universal Declaration of Human Rights. This could involve, for example, proving that the requesting state will not offer the individual a fair trial in accordance with Articles 6 and 10 UDHR.
The fourth route to challenge the validity of a Red Notice is through Article 3 of the Constitution. Article 3 details that "it is strictly forbidden" for INTEPOL "to undertake any intervention or activities of a political, military, religious or racial character".
There is no strict "best way" to challenge an INTERPOL Red Notice request, rather the strategy for challenging the Red Notices must be carefully considered in the context of the request and the specific factual nexus. Gherson is able to offer expert legal advice if you have, or you fear you may have, an outstanding INTERPOL Red Notice request.
INTERPOL assistance
Those who fear that a jurisdiction may have requested INTERPOL to process data relating to them or are just concerned about potential liability, should get in contact.
Indeed, Gherson Solicitors continue to receive requests for expert advice and assistance from those who fear they may have outstanding financial issues arising. That advice tackles:
- How to best approach a possible INTERPOL Red Notice;
- Preparing for potential criminal proceedings / an extradition request;
- Preparing for a situation where a civil matter or commercial dispute could be used to initiate bogus criminal proceedings; and
- Even exploring the possibility of instigating civil litigation proceedings to recover any misappropriated assets.
Gherson have previously written a series of blogs designed to assist those who fear they might be subject to INTERPOL measures (including a Red Notice):
INTERPOL and Red Notice Challenges
How to Remove an INTERPOL Red Notice
INTERPOL Red Notices and Extradition
How do I know if I am subject to an INTERPOL Red Notice
Regulation and compliance
In these constantly changing times, firms that deal with cryptoassets, and additionally have exposure to firms that do, will need to carefully consider all their systems and controls to ensure that they are able to comply with all relevant AML and sanctions regulations.
How Gherson can assist
Gherson's white-collar crime and regulatory team are able to provide advice and assistance with AML and sanctions compliance, including in situations involving cryptoassets.
Additionally, the team has recently started a series of blogs on the regulation of crypto, with the aim of advising those who work in the compliance of this sector. Furthermore, for those who would like advice on relevant issues, including those who have had issues with the FCA registration process, our specialist regulatory and compliance team can guide individuals and companies through the process.
Originally published 16 Nov 2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.