Can India (or any member country) make another request after INTERPOL refuses to issue a Red Notice?

Estlund Law, P.A.
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Estlund Law, P.A.

A critical concern for people who have successfully applied to remove their Red Notices from INTERPOL’s Commission for the Control of INTERPOL’s Files is the question of what will happen if the member country makes another request for a Red Notice at a later time.

The removal of a Red Notice often follows a lengthy preparation and waiting process. Clients often cannot fathom the idea of going through the process yet again. However, it has been my experience and observation that repeat requests for Red Notices are rare, and while it is possible that they could be granted, they usually are not.

For example, the media recently reported that officials in India had attempted – for the third time- to obtain a Red Notice against Indian Islamic preacher and television evangelist Zakir Naik. Although the successive requests contained slightly different information than the original request, all of them were denied. INTERPOL recognized that the underlying basis for the charges was essentially the same.

There have been times when member countries have circumvented the approval process that is required for Red Notices and instead issued diffusions, as happened to famed financier and now political activist Bill Browder. In that situation, INTERPOL caught the diffusion after Russia had issued it and removed the diffusion on its own. While this type of activity is disconcerting to potential or prior Red Notice subjects, it does appear to be rare.

Individuals who believe that a member country may repeat a Red Notice or a diffusion request would do well to stay abreast of new court or political developments related to their cases, and to remain in communication with INTEPROL regarding the status of those cases.

As always, thoughts and comments are welcomed.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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