“A Red Notice is an international alert for a wanted person, but it is NOT an arrest warrant.”
What is a Red Notice?
Contrary to public belief, a Red Notice is NOT an arrest warrant, but a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. It is based on an arrest warrant or court order issued by the judicial authorities in the requesting country. The decision on whether the INTERPOL member country will arrest a person due to a Red Notice lies exclusively to each jurisdiction.
Can INTERPOL compel a country to arrest a wanted person?
INTERPOL cannot compel the law enforcement authorities in any country to arrest someone who is the subject of a Red Notice. Each member country decides what legal value it gives to a Red Notice and the authority of their law enforcement officers to make arrests. Red Notices, in particular, represent a form of administrative power that is both soft, as they are formally non-binding, and authoritative, due to their practical ability to restrict an individual’s liberty.
What information does a Red Notice include?
A Red Notice contains two main types of information: (A) Information to identify the wanted person, such as their name, date of birth, nationality, hair and eye colour, photographs and fingerprints if available; (B) Information related to the crime they are wanted for.
Who can request the issuance of a Red Notice?
Red Notices are published by INTERPOL at the request of one of INTERPOL’s 196 member countries, provided that they comply with INTERPOL’s Constitution and Rules.
Are the individuals wanted by INTERPOL?
No, people flagged in INTERPOL’s system are wanted by one of INTERPOL’s member countries or an international tribunal.
Who might be a subject of an Interpol Red Notice?
Red Notices are issued for fugitives wanted either for prosecution or to serve a sentence for serious ordinary law crimes. This follows criminal proceedings in the country issuing the request.
When a person is sought for prosecution, it means the person has not been convicted and should be considered innocent until proven guilty. A person sought to serve a sentence means that this person has been found guilty by a court in the country that requested the publication of the Red Notice.
How can I know whether a Red Notice exists against me?
There are only two ways to verify whether an INTERPOL Red Notice exists: by checking the public section of INTERPOL’s website or by submitting an Access Request. The first option is simpler but generally ineffective, as only a small fraction of Red Notices are made public. Therefore, the absence of a person’s name on the website does not necessarily mean that no Red Notice has been issued against them.
The vast majority of Red Notices are available only on INTERPOL’s restricted network, accessible exclusively to national law enforcement authorities. To obtain information regarding non-public (private) Notices, it is advisable to consult an experienced INTERPOL lawyer who can assess your situation and guide you through the proper legal channels.
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