INTERPOL and Red Notice removal requests – what happens when you win?

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

One of the most frequent concerns cited by our Red Notice clients is what could happen even if they succeed in their efforts to remove a Red Notice. Most people who challenge Red Notices do so because they have tried to resolve the matter at the country of origin and failed, or because the country of origin has shown that it will not act fairly in the case. Naturally, the client wonders what that country will do if and when INTERPOL removes the Red Notice: will the country accept defeat, or will it change tactics and try again to capture the individual with INTERPOL’s help?

A reader sent in this question on that topic recently:

Is it possible to submit a preventive request at the CCF to prevent/block additional notices (i.e. Diffusion) to be issued in the future for the same case.? Because the people who filled the first red notice, they my might try to send another one (diffusion) without the case being compliant with INTERPOL’s rules since they are aware that the first red notice is being challenged, and eventually removed.

I just discovered that even if the INTERPOL refused to issue a Red Notice in the future, any country can still be able to use INTERPOL’s systems to issue another, less “formal” wanted person alert – called a ‘diffusion’ notice. Without any prior review by INTERPOL. “diffusion” notices can be circulated directly between countries. Despite being notified of the decision not to issue a formal red notice, INTERPOL’s member countries are not required to remove this diffusion from their databases. As a result, my name is likely to appear on police databases across the globe, leaving me at risk to travel.

Unfortunately, there is still some part in this world where money can be used to spoil other people’s reputation.

Many Thanks for your help and support!

When people have concerns that a member country may request another Red Notice, or a diffusion, after the original notice has been removed, there is recourse available. Regardless of the form the data takes, be it in a Red Notice, a diffusion, or any other type of notice, INTERPOL does not want to possess or circulate data that violates its rules. If there is a reasonable chance that a second (or third or fourth) effort by a member country is going to violate INTERPOL’s rules, the individual would be wise to advise INTERPOL of the possibility of additional data being circulated, and request to be advised if that happens. This will keep INTERPOL alert to the misuse of its system and allow the individual to respond if necessary.

Obviously, no system is fail-proof, but open communication is a start to a client’s ongoing freedom from INTERPOL misuse.

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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