The existence of a Red Notice does not imply that the individual concerned is guilty. It must not be treated as evidence of guilt, in line with the Presumption of Innocence protected under Article 6 of the European Convention on Human Rights.
Individuals subject to Red Notices generally fall into one of the following categories: a) Suspects in a criminal investigation, b) Persons formally accused of an offence, c) individuals already convicted by a competent court.
Despite common public misconceptions, a Red Notice is not an international arrest warrant. It only serves as a mechanism to facilitate extradition and should be understood as an invitation to INTERPOL’s 196 member countries to assist in locating and, where permissible under national laws, provisionally arrest a person wanted for prosecution or to serve a sentence [(Articles 10.2 and 82 of INTERPOL’s Rules on the Processing of Data (RPD)].
To issue a Red Notice, the requesting country must provide a valid national arrest warrant or an equivalent judicial decision, along with a clear summary of the case. This includes the relevant facts, charges, applicable legal provisions, and the maximum possible penalty or the sentence imposed, as required under Article 83(2)(b)(v) of the RPD.
However, INTERPOL does not require supporting evidence to substantiate the underlying charges. It relies entirely on the information provided by the requesting National Central Bureau (NCB). As such, a Red Notice does not prove:
– That the arrest warrant is valid under international law,
– That the alleged crime was indeed committed (no proof of guilt),
– That the case is free from political motivation or abuse of process.
What a Red Notice does prove is limited to the following: it simply indicates that the requesting country is a member of INTERPOL, that it has submitted a formal request through INTERPOL’s channels, and that, at the time of issuance, the request passed INTERPOL’s preliminary internal review without raising immediate concerns about political, military, religious, or racial motivations, or other violations of INTERPOL’s rules.
