Red Notice removal from INTERPOL, and when NOT to apply

Estlund Law, P.A.

Estlund Law, P.A.

Some Red Notice subjects are surprised when I tell them that they should not hire me to seek the removal of their names from INTERPOL’s wanted list. There are times when the best course of action is not to go to INTERPOL for relief, at least, not as a first effort. This post addresses those situations.

For a variety of reasons, the optimal place to resolve a dispute is at its origin. For example, if a person is wanted in the United Kingdom, chances are that the evidence, witnesses, and lawyers who have worked on the case are also found there. On a relative scale, the judicial process in the UK is more likely than many other places to include proper respect for an individual’s due process rights. For Red Notice subjects wanted by NCB Manchester, it will often make the most sense to at least attempt to resolve the criminal case in the UK prior embarking on a Red Notice removal effort. The resolution of the local case will also resolve the Red Notice.

On the other hand, a Red Notice subject who is wanted in Russia, Turkey, or Venezuela, or another jurisdiction with an abysmal record of human rights violations, may justifiably believe that her case will not be fairly resolved at its origin. Even with legitimate concerns about the danger of due process violations, many Red Notice subjects do try to reach a resolution of a criminal case in the jurisdiction where it originated. Those efforts sometimes succeed, and sometimes are met with bribery attempts, extortion efforts, or harassment of family members. In these situations, seeking the removal of a Red Notice is often the best course of action.

The strategy behind when to make a Red Notice removal request obviously varies from person to person and from case to case. It may be that simultaneous actions in varying venues is appropriate, and it may be preferable to schedule a series of actions  with the client’s goals and resource allocation preferences in mind. The critical element is that these issues are discussed, addressed, and decided upon in advance of taking any action.

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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Estlund Law, P.A.

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