Red notice Interpol - arrest warrants

A red notice is a request sent via Interpol to locate and provisionally arrest a person in order to obtain his extradition.

It is issued by an Interpol member country on the basis of an arrest warrant for the purpose of enforcing a sentence or prosecuting an individual.

Article 83 of the Interpol Rules on Data Processing (RTD) sets out a number of criteria for issuing such notices and requires a threshold for the seriousness of the offences concerned.

However, if certain offences are excluded, the classification given to the facts covered by the notice depends on the issuing country, and it may happen that, in the event of an appeal, it is considered that the information contained in the notice does not comply with Interpol regulations.

The Red Notice has very concrete effects, since it can lead to the arrest and imprisonment of any person in any Interpol member state.

For example, a person arrested in France on the basis of an Interpol Red Notice may be imprisoned pending transmission of the formal extradition request by the requesting country. Similarly, a person arrested at the request of France or any other country may be arrested and imprisoned abroad.

The Commission for the Control of Interpol’s Files (CCF) is an independent and impartial body responsible for ensuring that the data held by Interpol complies with its own regulations and with the fundamental rules of international law.

It deals with requests for access to information, and for the rectification or deletion of data.

The Commission is based at Interpol’s headquarters in Lyon.

Consequently, anyone who thinks they are wanted, knows they are wanted or is the subject of a judicial measure based on an Interpol red notice can:

• Contact the CCF to enquire about the data contained in – and the existence of – a red notice;
• Request the rectification or deletion of the data, i.e. in particular of the red notice concerning him/her, if it does not comply.

It is strongly recommended that you seek the assistance of a lawyer specializing in the CCF procedure, as well as in international criminal law, in order to increase your chances of success.

The firm has developed genuine expertise in this area, and offers a turnkey service for international cases:

• Prior to any arrest, the firm assists persons likely to be wanted by asking the CCF whether a notice has been issued. If necessary, it can develop a detailed and comprehensive analysis of the risks associated with travelling abroad, depending on the status of international conventions between the issuing country and the countries likely to be visited.

Likewise, thanks to its many contacts abroad, it is possible to obtain information from the requesting authorities or to challenge the arrest warrant on which the notice is based.

• In the event of arrest abroad:
• If the red notice originates from France, the firm assists people before the CCF in order to challenge it, but also with the French authorities to challenge the arrest warrant that gave rise to the notice or to organise a surrender avoiding the need for detention.
• If the red notice comes from another country, the firm assists their clients before the CCF to have it withdrawn and works with its partner firms abroad to effectively defend the person arrested in the requesting country.
• In the event of arrest in France, the firm has extensive expertise in extradition and the execution of European arrest warrants before the French courts.

Thanks to its global approach, the firm assists people arrested in France to fight their surrender to the requesting country or to organise their surrender without resorting to detention.

The firm’s lawyers have recently secured the following decisions for their clients:

• Deletion of a red notice issued by Iran against a businessman sentenced in his absence to 20 years’ imprisonment;
• Refusal to hand over to Italy a person prosecuted for fraudulent bankruptcy on the basis of article 6 of the European Convention on Human Rights ;
• Refusal to hand over to Ukraine a high-profile businessman, prosecuted for embezzlement, this refusal decision having been confirmed by the Cour de Cassation;
• Refusal to hand over a person requested by Greece to serve a prison sentence on the basis of article 8 of the European Convention on Human Rights

For assistance or information, please contact Étienne ARNAUD and Jean DECONINCK, +33 1 84 79 09 58 – contact@mad-associes.com