A Red Notice is a request issued by Interpol to law enforcement worldwide to locate and provisionally arrest a person pending extradition. It is based on an arrest warrant or court order from the requesting country. While designed to address serious crimes, Red Notices are sometimes misused for political purposes, human rights violations, or other unjust reasons. It is possible to contest a red notice, but the process is complex and demands export legal guidance from an experienced extradition and red notice attorney.

How to Contest a Red Notice

There are three main approaches to challenging a Red Notice:

Engage the Requesting Country

Your attorney may contact the authorities in the country that issued the notice, urging them to drop the charges and request Interpol to remove the Red Notice. This requires a thorough legal analysis of the national case, focusing on potential human rights violations, procedural flaws, or inconsistencies in the charges.

Request Removal from Interpol’s Databases

Attorneys can challenge the underlying judicial arrest warrant issued by the requesting country and petition Interpol to delete the notice.

Submit a Deletion Request to the Commission for the Control of Interpol’s Files (CCF)

The CCF oversees Interpol’s data processing. A deletion request requires comprehensive evidence and must meet stringent admissibility requirements. It is essential to seek the support of an attorney experienced in handling CCF submissions to ensure the request is properly substantiated.

Key Steps in Challenging a Red Notice

Verify the Notice: Submit a request to the CCF to confirm whether a Red Notice exists against you.

Prepare Evidence: Compile documentation to support your challenge, such as proof of political motivations, human rights violations, errors in the charges, or resolution of the underlying case.

Submit Your Challenge: File a detailed request with the CCF, backed by evidence, such as court documents, witness statements, and expert opinions.

Await Review: The CCF’s review process can take months or even over a year. During this time, additional clarifications may be requested.

Explore Diplomatic Options: In politically sensitive cases, diplomatic channels may also be leveraged to strengthen your position.

Evidence That Strengthens Your Case

Evidence that may strengthen your case can include:

Documentation showing political motivations behind the notice.

Proof of human rights violations or unfair legal processes.

Evidence of resolved cases, mistaken identity, or factual inaccuracies in the charges.

Reports from human rights organizations or expert opinions validating your claims.

Potential Outcomes

The CCF may decide to:

Remove the Red Notice entirely.

Modify the notice to correct errors.

Retain the notice if it complies with Interpol’s rules.

Even if the notice is not fully removed, legal action may still lead to annotations in your file that mitigate its impact.

Why You Need a Skilled Red Notice Attorney

Contesting a Red Notice is a complex, high-stakes process that requires specialized legal knowledge. By hiring an experienced extradition and Red Notice attorney, you can seek expert advice to protect your rights against any potential abuse. A seasoned extradition and Red Notice attorney ensures that your challenge meets procedural requirements and is strategically prepared to maximize your chances of success. They can identify violations of Interpol’s constitution, such as political motivations or human rights abuses, and frame your case effectively within these legal parameters. At Dhar Law, LLP, we are highly experienced when it comes to complex criminal cases with an international element. We bring all our resources to support our clients during these times, including translation services into all major languages. Please contact our criminal defense team to learn more.