Article 87 of the Rules on the Processing of Data (“RPD”) sets out the procedural steps to be followed by a member country locating an individual sought under an INTERPOL Red Notice.

First: “[to] immediately inform the requesting National Central Bureau or authorised international entity, as well as the INTERPOL General Secretariat, of the fact that the person has been located, subject to any limitations arising from national law and applicable international treaties; and

Second: [to] take any other measures permitted under national law and applicable international treaties, such as provisionally arresting the individual concerned or monitoring or restricting his or her movement.”

In this manner, Article 87 of the RPD establishes a mandatory notification obligation coupled with a discretionary power to act, rather than an autonomous arrest rule. This structure reflects the international principle of state sovereignty, under which coercive measures remain within the exclusive competence of national legal systems (“under national law”).

It is at this stage that domestic law becomes decisive. The legal effects of an INTERPOL Red Notice vary considerably across jurisdictions. In some states, the existence of a Red Notice may, in itself, constitute a sufficient legal basis for arrest if the individual is encountered by national authorities. It is estimated that approximately one-third of INTERPOL member states permit arrest solely on the basis of a Red Notice (US NCB of Interpol, Audit Report 09-35, September 2009 at p.11). In other jurisdictions, however, a Red Notice does not amount to a valid ground for provisional arrest in the absence of a corresponding domestic judicial or prosecutorial order.

Nevertheless, even in jurisdictions where a Red Notice does not, per se, justify arrest, an individual may still be temporarily deprived of liberty under immigration or other administrative powers, pending clarification as to whether a formal extradition request will be submitted by the requesting state.

Thus, the answer to the question of what happens when a subject of a Red Notice is located is ultimately jurisdiction-dependent. The consequences do not flow automatically from the Red Notice itself, but rather depend on the domestic legal framework of the state in which the individual is found.

For more information on how you can challenge a Red Notice, click here.

Frequently Asked Questions

1. What are INTERPOL’s Objectives? Find more. 

2. Is INTERPOL’s Notices System being abused? Find more.

3. Can you sue INTERPOL? Find more.