What are Interpol and Red Notices?

Legal Remedies Against Interpol Arrest Warrants and Legal Support

Today, effective combating of international crime has made information sharing and cooperation between states a necessity. In this context, Interpol is one of the most important structures facilitating coordination between the law enforcement agencies of member states in the fight against transnational crime. Interpol’s primary function is to facilitate information sharing and operational cooperation among national authorities, particularly in areas such as extradition requests, locating suspects, exchanging information, supporting cross-border investigations, and tracking individuals wanted internationally, as well as facilitating confidential communication between countries.

However, the “Red Notice” (Red Notice) procedures published by Interpol require comprehensive legal assessments not only from a criminal perspective but also in terms of individuals’ fundamental rights and freedoms. Foreigners subject to a Red Notice are also subject to surveillance while traveling in accordance with the interests of their countries. Although a Red Notice does not technically constitute an arrest warrant, the fact that many countries consider this notice to be grounds for actual detention in their domestic law has serious implications for individuals’ rights to liberty and security, freedom of movement, and even property rights. Furthermore, in some cases, the Interpol system has been misused based on political, ethnic, or personal grounds, raising concerns about the effectiveness of Interpol’s oversight mechanisms in ensuring legal safeguards. In collaboration with Interpol, individuals with records or suspicions related to specific crimes are subject to surveillance and monitoring.

In this context, the verifiability of Interpol’s bulletins, data protection principles, individual application rights, and procedures for removing such bulletins are of vital importance, particularly for individuals seeking international protection, political dissidents, or those wrongfully accused. From the perspective of lawyers, this process requires applications to be made to Interpol’s relevant supervisory body, the File Control Commission (CCF), with great care and technical knowledge to ensure that the rights of clients are not violated. Therefore, effective legal action against Interpol bulletins requires not only knowledge of national law but also an approach that is well-versed in international human rights standards and Interpol’s internal regulations. These applications concern both the deletion of records of individuals with criminal records and the deletion of records of individuals who are innocent and have been wrongfully registered.

Even if an individual has actually committed the crime, if they were deprived of or had their rights and principles, such as the right to a fair trial, violated during the issuance of a red notice and other processes, they have the right to have those records and notices removed.

1. Interpol’s Legal and International Status

INTERPOL is an organization established upon the agreement of representatives of national police forces to come together and cooperate. Its Constitution, adopted in 1956, was accepted without the procedures of signature by the competent representatives of states, mutual exchange of documents, ratification, or acceptance, as stipulated in the 1969 Vienna Convention on the Law of Treaties.

ICPC (the organization’s name prior to its change in 1956) was granted non-governmental organization status by the United Nations (UN) in 1947. However, since this status applies to organizations formed by private individuals, it was not fully compatible with INTERPOL’s structure.

As a result, a cooperation agreement was signed between the UN and INTERPOL in 1971. It was requested that this agreement be registered with the UN Secretariat, arguing that it was an agreement between the UN and an international organization. However, the UN Secretariat rejected this request on the grounds that INTERPOL’s Constitution did not have the nature of an international agreement and that its members were police organizations that did not represent states.

Following this development, in 1982, the UN Office of Legal Affairs issued an assessment titled “The Status of INTERPOL before the United Nations,” evaluating the 1971 agreement and concluding that INTERPOL should be recognized as an international organization.

Therefore, INTERPOL is an organization recognized as an international organization by the United Nations, and although its Constitution is not regulated in accordance with the procedures set forth in the Vienna Convention on the Law of Treaties, it must be accepted as an international agreement, taking into account the binding intention of the contracting states.

2. Interpol Bulletins

INTERPOL aims to establish cooperation between the police forces of member countries for the prevention of crime at the international level and the tracking and apprehension of criminals. It has databases that enable member countries to quickly exchange information and access data through a secure communication system.

In addition, at the request of member countries and National Central Bureaus, INTERPOL can issue color-coded bulletins for purposes such as the arrest, extradition, or identification of reported criminals. The process for this is regulated by the Rules on the Processing of Data, which came into effect in 2012.

Within this framework, the red notice, blue notice, green notice, yellow notice, black notice, purple notice, orange notice, stolen works of art notice, and UN Security Council Special Notice are published by the organization in the police forces of its member countries. There are seven types of notices published by INTERPOL:

🔴 Red Notice: This is the most basic type of bulletin used by Interpol member countries to request the search and arrest of a suspect or defendant for the purpose of extradition. Interpol uses this bulletin to share information such as the suspect’s or defendant’s personal details, photographs, fingerprints, and the nature of the crime with member countries, with the aim of expediting the extradition process.

🔵 Blue Bulletin: This type of bulletin is intended to assist in recording individuals’ identity information and moving on to the identification stage, as well as to gather information about criminal activities.

🟢 Green Notice: This notice serves as a warning by providing information about individuals who have committed crimes in the past or are likely to commit offenses.

🟡 Yellow Notice: This type of notice is used to help locate missing persons, particularly missing children, and to establish their identities.

🟠 Orange Notice: This notice is issued to warn countries of serious security threats related to weapons, explosive devices, and other hazardous materials.

⚫ Black Notice: This notice is used to assist in the identification of deceased persons whose identities remain unknown.

🟣 Purple Notice: This notice is issued to provide information to countries about specific criminal methods, organizational structures, and similar data, thereby assisting in the prevention of such crimes.

A-)  Red Notice

A Red Notice is issued for the purpose of arresting, detaining, or restricting the movement of a person who is wanted on the basis of an arrest warrant or a court order, at the request of a National Central Bureau or an international organization with investigative and prosecutorial authority in criminal matters, for the purpose of locating and extraditing, surrendering, or taking similar legal action against that person. The Red Notice is regulated in detail in the Rules on the Processing of Data, and it is accepted that certain conditions must be met and certain necessary information must be communicated to the General Secretariat, which is one of INTERPOL’s organs, for a Red Notice to be issued against a person.

Red Notice decisions are generally issued by INTERPOL for the following crimes:

• Terrorism: Membership in terrorist organizations, planning or committing terrorist acts. 
• Human Trafficking: Trafficking in human beings and smuggling of migrants. 
• Drug Trafficking: International drug trafficking and crimes related to such trafficking. 
• Organized Crime: Crimes committed by mafia and criminal organizations, gang activities, and crimes committed by international criminal organizations.
• Arms Trafficking: Crimes related to international arms trafficking.
• Cybercrime: Crimes such as attacks on computer systems, data theft, and identity fraud.
• Financial Crimes: Money laundering, corruption, large-scale fraud, and tax evasion.
• Deprivation of Liberty and Intentional Homicide: Crimes such as murder, deprivation of liberty, and kidnapping that carry severe penalties.

These crimes fall within Interpol’s jurisdiction and require international cooperation for investigation in accordance with international law. Interpol has the authority to issue red notices for these crimes, and this process is part of international judicial cooperation.

Crimes Not Subject to Red Notice

Interpol’s authority to issue red notices is limited to certain crimes. Red notices cannot be issued for certain crimes and circumstances. The following are the main crimes and circumstances for which red notices cannot be issued:

1. Political Crimes: One of Interpol’s fundamental principles is not to interfere in political matters between member states and not to issue notices for political reasons. This includes:

• Political actions: A red notice cannot be issued for a person due to political opposition, protests, demonstrations, or election-related activities.
• Anti-state charges: It is not possible to request a red notice as a result of political activities against the government or policies of a state.

2. Military Crimes: A red notice cannot be issued for acts contrary to the military laws of a state or crimes that require trial by a military court. These crimes generally include military insubordination, desertion, and disobedience to military court decisions.

Interpol cannot request the arrest of an individual for these crimes because they are not considered crimes requiring international legal cooperation.

3. Family Law and Private Law Disputes: Disputes arising under family law or private law cannot be the subject of a red notice. Examples include:

• Divorce cases,
• Custody disputes,
• Alimony disputes,
• Property division, and other private law matters cannot be subject to a red notice.

Such disputes do not fall under the scope of an international arrest request because they do not have a criminal dimension.

4. Minor Offenses and Misdemeanors: Interpol issues red notices for crimes that carry serious penalties. Therefore, bulletins cannot be issued for minor offenses and misdemeanors. Examples include:

• Traffic violations,
• Minor thefts,
• Small-scale fraud,
• Acts requiring administrative fines.

Such minor offenses are generally not considered serious enough to warrant the extradition of an individual.

5. Freedom of Expression and Media Activities: A red notice cannot be issued against a person for journalism activities, news reports made within the scope of press freedom, or opinions expressed within the framework of freedom of thought. In particular, journalism activities, social media posts, and statements of opinion are outside the scope of red notices.

6. Allegations of Human Rights Violations: If there is evidence that the allegations subject to the red notice request were made with the intention of violating a person’s human rights, Interpol may reject the notice. Such cases include:

• Violation of the right to a fair trial,
• Concern that the person will be subjected to torture or ill-treatment,
• Strong evidence that the crime was committed for political purposes.

Interpol carefully reviews such requests to prevent human rights violations and aims to ensure that legal proceedings are conducted fairly.

For a red notice decision to be issued against an individual, the minimum criteria set forth in Article 83/1-a-(i) must be met; crimes that are controversial in different countries due to their nature or cultural norms, crimes related to family or private matters, and crimes arising from violations of administrative legal regulations or private law disputes, unless the act is intended to facilitate the commission of a serious crime or there is suspicion that the act is connected to an organized crime, cannot be subject to a red notice.

Again, under Article 83/1-a-(ii), in addition to these restrictions on the type of crime, a penalty threshold is also established: the organization may issue a red notice if the individual is being prosecuted for a crime punishable by at least two years’ imprisonment, has been sentenced to at least six months’ imprisonment, or has not served at least six months of their sentence.

As an exception to these conditions, pursuant to Article 83/1-b, if the General Secretariat, after consulting with the National Central Bureau or international organization that requested the red notice, concludes that issuing a red notice for the individual is important for international police cooperation, a red notice may be issued even if the conditions regarding the crime and punishment set forth in the preceding paragraph are not met. a red notice may be issued. Additionally, pursuant to Article 83/1-c, if the request concerns multiple crimes, the fulfillment of the conditions for one crime shall be sufficient for the issuance of a red notice for all crimes.

In addition to these provisions, pursuant to Article 83/2, certain information regarding the person for whom the request for issuance of a red notice is made must be communicated to the organization. For the identification of the person, personal information such as name, gender, date of birth, physical appearance, DNA profile, fingerprints, and photograph must be provided. In addition, judicial documents containing findings related to the crime in question, the law under which the crime was committed, the penalty for the crime or the sentence imposed, and a valid arrest warrant or a court decision having the same effect must be submitted.

Upon the General Secretariat’s conclusion that all conditions have been met and sufficient information has been provided, in accordance with Article 87, if the person’s location is determined based on the red notice issued, the country where the person is located may take necessary measures, including temporary arrest, and inform the requesting country accordingly. Temporary detention is regulated under Article 14 of the Law No. 6706 on International Judicial Cooperation in Criminal Matters. Detailed explanations regarding temporary detention are provided in our article titled “Extradition Proceedings under the Law No. 6706 on International Judicial Cooperation in Criminal Matters

The scope of the red notice is limited to informing other countries that a person suspected of a crime is being sought, and the red notice is not generally binding on countries. However, countries may make the red notice binding through their domestic legal regulations or international agreements. Indeed, in the domestic legal regulations of some countries, the red notice is recognized as an arrest warrant in that country, while in other countries, the red notice has no such effect, and even if a red notice exists, there is no obligation to arrest or detain the person.”

3. How and Under What Circumstances Are İnterpol Searches and Bulletins Removed?

There are several legal avenues available to an Interpol lawyer to request the removal of a red notice issued for their client. These generally revolve around questioning the legality of the notice and whether it violates Interpol rules. The main ones are as follows:

1- Red Notice Requests That Are Contrary to Law: One of the most common reasons for requesting the removal of a red notice is that the notice was issued in violation of the law. This situation usually arises when it is claimed that the requested crime does not fall within Interpol’s jurisdiction or that the crime is of a political, military, religious, or racial nature. According to Interpol’s constitution, requests related to such crimes must not be considered. An Interpol lawyer can review whether the grounds for the client’s accusation fall within this scope and file an application.

2- Violation of the Right to a Fair Trial: Red notice requests may not always be based on lawful procedures. If the client’s right to a fair trial has been violated in relation to the crime for which they are being sought, i.e., if the person has not been or will not be tried fairly by an independent and impartial court, this may constitute grounds for objection to Interpol. International treaties such as Article 6 of the European Convention on Human Rights (ECHR) guarantee the right to a fair trial, and Interpol may reject requests that violate these standards.

3- Statute of Limitations and Lack of Legal Basis: In some cases, red notice requests may relate to crimes that are time-barred or charges that lack a legal basis. For example, the expiration of a specific period of time resulting in the loss of prosecutorial authority or the absence of sufficient evidence to prove the commission of a crime are other important legal grounds on which an Interpol lawyer may request the removal of a search.

4- Political Charges: Article 3 of the Interpol Constitution provides that requests related to political, military, religious, or racial charges shall not be considered. Therefore, if the crime for which a person is wanted with a red notice is being used as a means of political prosecution or punishment, the request may be canceled. An Interpol lawyer may apply for the removal of the search by proving that their client is the victim of a political prosecution.

5- Asylum Status and International Protection: If the individual has obtained asylum in another country or been granted international protection during the search process, this situation may be taken into consideration by Interpol. Issuing a red notice for an individual with international protection status may be contrary to both national and international law. Therefore, an Interpol lawyer may request the removal of the arrest warrant by invoking the client’s asylum or protection status.

4-) How to Remove İnterpol Bulletins?

When removing Interpol bulletins, search decisions, and diffusion messages, the first step is to ascertain the existence and verify the accuracy of this information and records. To do this, an information request must first be submitted to the Interpol General Secretariat. When there is suspicion that Interpol bulletins, arrest warrants, or diffusion messages have been published in violation of the law, determining whether such records actually exist and verifying their content constitutes the most fundamental and initial step in the process. In this regard, it is necessary to submit a request for information to the Interpol General Secretariat to determine whether any bulletins, alerts, or search records pertaining to the relevant individual exist. This request not only serves as the basis for subsequent legal proceedings but is also critical for ensuring that international records that may interfere with an individual’s fundamental rights and freedoms are subject to legal compliance review.

5. How to request information from Interpol?

Requests for access to Interpol data must be sent to the Commission for the Control of Interpol Files (CCF). The request must be sent to the specified email address. [email protected] According to the official Interpol website, there are specific guidelines on how to make a request under the section titled “How to Make a Request.” Additionally, you can send a request by international post to the following address: 200 Quai Charles de Gaulle, 69006 Lyon, France. When submitting your request, it is important to gather all necessary documents and meet the required conditions, as this can be a complex process. Therefore, it is recommended to seek assistance from a professional lawyer to learn how to request information from Interpol and ensure you receive the necessary support.

6. What is an Interpol background check?

Interpol background checks are an important tool for ensuring international security. This procedure provides information on whether an individual is registered in the Interpol database, is subject to a red notice, and can be detained at border crossings. To find this out, you will need to submit an application to the relevant Interpol authority. It is important that the application meets the necessary requirements. After submitting your application, you will be able to check your status with Interpol. Such a check may be required in certain situations.

Interpol data checks are of vital importance for the protection of international security and the assurance of your safety. This process enables you to determine whether you have a record in the Interpol database, whether a Red Notice has been issued against you, and whether you may be detained at border crossings.

The first step is to submit an application to the relevant Interpol authority, which must meet certain requirements. Here are some reasons why you may need an Interpol background check:

1. Travel Security: Ensuring that you do not encounter any problems when leaving or entering a country
2. Employment Security: Confirming that your information is not in the Interpol database when applying for a job abroad
3. Personal Security: If you suspect that someone with malicious intent may have set a trap for you, this check can be performed to help you protect yourself.

Why might you want to request this information?

The Risks of Not Knowing Your Status

If your information is in the Interpol database, you could face serious consequences:

• Arrest and extradition
• Denial of services by banks and other financial institutions
• Revocation of visa and refugee status 

You can avoid these surprises and take steps to resolve any issues by requesting access to your information from Interpol. Our lawyers recommend this proactive approach for two main reasons:

• Clarity: Find out for sure whether there is a case against you in Interpol.
• Preparation: If there is information about you, find out about it in advance so that you have time to address it and potentially have it removed.

Your Right to Information

The legal framework governing your right to access information from Interpol is supported by the Interpol Constitution and the Statute of the Commission and has been brought into line with Article 19 of the Universal Declaration of Human Rights. The Commission for the Control of Interpol’s Files (CCF) handles these requests in order to ensure your right to access information while protecting confidentiality.

Conditions for making a request

Access to Interpol records requires compliance with certain mandatory requirements. Failure to meet these criteria will result in your request for information being denied. It is therefore essential that your request is prepared by a professional lawyer. Interpol lawyers will advise you and assist you in making an Interpol request for information. The request must meet the following requirements:

• It must be submitted in writing;
• It must be written in Arabic, French, English, or Spanish;
• When filling out the Interpol information request form, it is important to complete all blank fields.
• You must attach a copy of your identification document.
• The request must include a justification for the reason.

If your application is accepted, you can expect to receive a response within approximately 4 months from the date you submitted your request. It would be wise to seek assistance from our lawyers to increase your chances of obtaining the information. Our lawyers will provide you with advice, assist you in preparing all the necessary documents for the application correctly, submit a petition on your behalf if necessary, and support you until you achieve the desired result.

Information Access Request Procedure

Upon your request for information, CCF will check Interpol’s information system to see if there is a record relating to you. If additional documents are required, you will receive a request from Interpol to provide them. The data verification process carried out by Interpol is multi-layered and involves several stages:

• Submission of the Request: The first step is to submit a request to CCF. This can be done by government agencies, private individuals, or organizations through national law enforcement agencies or specialized agencies. These requests are made for the purpose of verifying individuals’ personal data.
• Data Check: The second step involves comparing the data with the Interpol database. Once an official request is received, a specialized Interpol office reviews the data in the database. This stage is critical as it determines whether there is any match between the requested data and the data in the Interpol database.
• Feedback: The third step is feedback. Following the review, the national Interpol office provides a report on the findings. This report may indicate the presence or absence of the requested information.

If the outcome is positive, you will receive a response to your request. Additionally, Interpol may provide information for further actions, such as the arrest of the individual in question. If any of the requirements for the request are not met, it will be rejected.

1. Filling out the application form on the official Interpol website:

• The application form must be filled out on the information page of the official Interpol website.
• The application must be submitted in English or French.

2. Attaching identity and power of attorney documents:

• A copy of the applicant’s passport or identity document,
• If the application is made through a lawyer, a notarized and apostilled power of attorney and the lawyer’s identity information must be submitted.

3. Request Regarding the Content and Legality of the Records:

• The request may include not only the existence of the bulletin but also the content of the relevant data, if available, and the country that transmitted it.
• This information forms the basis for any subsequent objections or deletion requests.

4. Response Process:

• Interpol typically responds within 2 to 4 months. However, in some cases, this may take longer.
• If the applicant’s data is included in the records, the country that requested the action is also notified (however, not all details may be shared in every case).

5. Emphasis on Privacy and Human Rights:

• Applications are evaluated in accordance with Interpol’s Data Protection Rules (Rules on the Processing of Data).
• The disclosure of records is subject to considerations of the individual’s safety, the sovereign rights of states, and the sensitivity of international cooperation.

Can CCF Reject an Application?

There are a few situations in which Interpol cannot provide information about an existing international arrest warrant in its database. These situations include:

1. The protection of public or national security and the prevention of crime.
2. The protection of the confidentiality of investigations or legal proceedings.
3. The protection of the rights and freedoms of the applicant or a third party.

If your application is deemed inadmissible by the CCF, you will be informed of the reasons for the rejection and given the opportunity to rectify it.

Expert assistance is essential to successfully complete the stages of requesting information from the Interpol database. Only an expert can prepare all the necessary documents correctly and make requests such as providing information or deleting data. Seeking consultation from an expert will ensure that all procedures are carried out correctly and minimize the risk of your request being denied.

By consulting a professional, you will avoid potential mistakes that could delay your response from the CCF. This will not only save you time but also increase your chances of getting a positive outcome for your request.

If you need legal assistance, simply contact us. We will provide comprehensive support throughout the entire process and find the best solution for your issue. Would you like to learn how to successfully pass an Interpol check, or do you have other questions? Write to us today, and we will help you achieve the best possible outcome for your situation. By choosing our expert legal services, you can protect yourself against potential risks associated with Interpol records and enjoy peace of mind knowing that your case is in capable hands..

Frequently asked questions regarding the removal of an INTERPOL search

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