INTERPOL Red Notices FAQs

An INTERPOL Red Notice is a request made to law enforcement globally to locate and provisionally arrest a person while awaiting extradition, surrender, or similar legal action.

There is often confusion about what a Red Notice is and how it operates. INTERPOL clears up some common misconceptions and provides clarification about Red Notices on its website.

 

Common questions about INTERPOL Red Notices

 

Is a Red Notice an arrest warrant?

A Red Notice is an international alert for a wanted person, but it is not an arrest warrant. It is based on an arrest warrant or court order issued by the judicial authorities in the requesting country. Member countries apply their own laws in deciding whether to arrest a person.

 

Are individuals the subject of a Red Notice wanted by INTERPOL?

No. They are wanted by a country or an international tribunal.

 

What information does a Red Notice contain?

A Red Notice contains two main types of information:

  • Information to identify the wanted person, such as their name, date of birth, nationality, hair and eye colour, photographs and fingerprints if available.
  • Information related to the crime they are wanted for, which can typically be murder, rape, child abuse or armed robbery.

 

When does INTERPOL issue a Red Notice?

Red Notices are published by INTERPOL at the request of a member country, and must comply with INTERPOL’s Constitution and Rules.

 

Do countries have to comply with Red Notices?

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.

 

Who are the subjects of Red Notices?

Red Notices are issued for fugitives who are wanted for serious crimes such as murder, rape, and fraud. These notices are issued after criminal proceedings have taken place in the requesting country, which may not necessarily be the person’s home country.

 

Is the subject of a Red Notice considered guilty upon apprehension?

If the person is sought for prosecution, they are considered innocent until proven guilty. However, if the person is sought to serve a sentence, they have already been found guilty by a court in the requesting country.

 

Are there offences for which a Red Notice cannot be issued?

As per Article 83 of INTERPOL’s Rules on the Processing of Data, Red Notices may not be published for certain categories of offences:

  • Offences that raise controversial issues in some countries relating to behavioural or cultural norms, such as prostitution.
  • Offences relating to family/private matters, such as adultery.
  • Offences originating from a violation of laws or regulations of an administrative nature or deriving from private disputes, such as defamation.

 

Does INTERPOL accept every request to issue a Red Notice?

No. All Red Notice requests are reviewed for compliance with INTERPOL’s Rules by a specialised task force. Reasons why a Red Notice may be found to be non-compliant with INTERPOL’s Rules include:

  • The request is of a predominantly political, military, religious or racial character.
  • The request violates a person’s human rights.
  • Failure to satisfy minimum penalty requirements.
  • The offence described in the Red Notice falls under one of the categories of excluded offences.

 

What happens if a Red Notice is determined non-compliant after it is issued?

If a Red Notice has been issued and is later assessed as not being compliant with INTERPOL’s Constitution and Rules, it is cancelled. All member countries are informed of the decision and requested to remove any information from national databases.

Nyman Gibson Miralis provides expert advice and representation in INTERPOL-related criminal investigations and is experienced in having Red Notices successfully removed.

Contact us if you require assistance.