A Red Notice is an electronic alert published by INTERPOL which alerts police worldwide that a person is wanted for arrest in another county.
According to INTERPOL, “Red Notices are issued for fugitives wanted either for prosecution or to serve a sentence in relation to serious ordinary law crimes such as murder, rape and fraud.”
This article explores specific offences for which Red notices may not be issued, as outlined by INTERPOL. These offences belong to three distinct categories.
Categories of offences for which Red Notices may not be issued
According to Article 83 of INTERPOL’s Rules on the Processing of Data, Red Notices may not be published for the following categories of offences:
- Category 1: offences that in various countries raise controversial issues relating to behavioural or cultural norms.
- Category 2: offences relating to family/private matters.
- Category 3: offences originating from a violation of laws or regulations of an administrative nature or deriving from private disputes, unless the criminal activity is aimed at facilitating a serious crime or is suspected of being connected to organised crime.
Category 1 offences
Offences that in various countries raise controversial issues relating to behavioural or cultural norms.
These offences include:
- Prostitution.
- Offences related to gestational surrogacy.
- Offences related to pornography or the sale of sexual aids – for example, the production and distribution of pornography – unless the criminal activity is aimed at facilitating a serious crime such as child sexual exploitation, sexual assault or rape, or is suspected of being connected to organised crime.
- Offences related to damaging honour, unless the criminal activity is aimed at facilitating a serious crime or is suspected of being connected to organised crime.
- Possession of drugs for personal use.
Category 2 offences
Offences relating to family/private matters.
These offences include:
- Adultery.
- Bigamy/polygamy.
- Homosexual acts.
- Leaving home without parental permission.
- Defloration of a woman.
- Dowry-related crimes.
- Abortion.
- Carrying out euthanasia.
- Offences related to a failure to pay child support or any form of alimony.
- Offences related to the abduction of a child by a parent where conflicting custody decisions have been issued in two countries and at least one of the following additional conditions is present:
- Both parents participated in the proceedings in both countries.
- The conflicting decisions are subject to ongoing proceedings in accordance with the Hague Convention on the Civil Aspects of International Child Abduction, or were subject to such proceedings, the outcome of which was a decision to grant custody to the parent who is the subject of the Red Notice request.
Category 3 offences
Offences originating from a violation of laws or regulations of an administrative nature or deriving from private disputes, unless the criminal activity is aimed at facilitating a serious crime or is suspected of being connected to organised crime.
These offences include:
- Traffic violations (e.g. driving without a valid licence).
- Violations of licensing regulations related to buildings/constructions (e.g. building a house without a permit).
- Violations of labour laws or regulations (e.g. participation in an illegal strike).
- Defamation.
- Driving under the influence of alcohol or other substances unless such behaviour led to physical harm of other individual(s) and/or serious damage to property.
- Offences related to the abandonment of employment.
- Offences related to causing damage to public funds, for example contracts concluded in violation of internal procedures or negligence in the performance of duties where there is no personal gain – whether direct or indirect – and/or no physical harm to individuals, and there is no gross negligence or evidence of corruption or fraud.
- Offences related to usury unless the criminal activity is aimed at facilitating a serious crime or is suspected of being connected to organised crime.
- Issuing unfunded cheques.
INTERPOL notes that some of the offences listed above may fall within multiple categories.
Key takeaways
INTERPOL’s Rules on the Processing of Data delineate specific categories of offences for which Red Notices will not be issued. Understanding these exclusions sheds light on the boundaries set by INTERPOL and the factors considered when deciding not to issue a Red Notice for certain offences.
