A Red Notice can be lifted in three ways: suspension/withdrawal, cancellation, and deletion. Particularly:
1. Suspension (Temporary) or Withdrawal of a Red Notice
Under Article 81 of INTERPOL’s Rules on the Processing of Data (RPD), a National Central Bureau (NCB) or authorised international entity may suspend a Red Notice for up to six months by notifying the General Secretariat with appropriate justification. A formal withdrawal may also be requested by the source when the purpose of the notice has been achieved, the legal basis no longer exists, or the request can no longer stand independently.
2. Cancellation by INTERPOL
Separately, the General Secretariat has the authority to cancel a Red Notice proprio motu where the legal conditions for publication are no longer met, the request becomes redundant, or the NCB fails to act on material provided by INTERPOL without valid justification.
3. Deletion Upon the Applicant’s Request
The third, and most common way, is through a Deletion Request submitted by an individual concerned. When INTERPOL’s Commission for the Control of INTERPOL’s Files (CCF) finds that the data processing violates INTERPOL’s Constitution or rules, it will issue a deletion decision. Under Article 41 of the CCF Statute, the General Secretariat must implement that decision within one month of receipt, or within one month of receiving clarifications if requested.
What Are the Practical Implications?
In all three scenarios, the Red Notice is removed from INTERPOL’s active database, but the scope and permanence differ:
– Suspension is temporary and reversible.
– Withdrawal or cancellation results in permanent removal by the source or INTERPOL itself.
– Deletion leads to permanent data erasure, based on a binding legal review by the CCF.
Does a Deleted Red Notice Mean No Further Legal Issues?
No. Deletion from INTERPOL’s systems does not confer legal immunity. National arrest warrants may still be active, and under bilateral or multilateral treaties, extradition may be pursued if the individual travels to a cooperating jurisdiction.
Can a Red Notice be reissued?
Yes, a Red Notice may be reissued if new facts emerge, the legal context changes, or a new criminal proceeding is initiated against the individual. However, if the original deletion was based on serious procedural or human rights concerns, any attempt to reissue the notice can be challenged and is likely to be rejected under INTERPOL’s internal controls.
