How can you get a red notification removed?
1. Seek Legal Advice
If you’ve received a red notice from Interpol in London, it’s crucial to consult with a lawyer. This is because these notices can have serious implications for your freedom, travel, and employment status.
A Red Notice (RN) is a request from a member country for the location and arrest of a wanted person for extradition to the country where criminal charges have been filed. It typically includes identifying information, legal details, specifics of the crime, as well as photographs of the person being sought.
However, many red notices are misused. This can include cases like the arrest of a Lithuanian refugee sent back to Russia for stealing a street artist’s drawing, or attacks on Uighur activists in China.
Interpol adheres to a policy that prevents it from issuing red notices that violate its stance on neutrality, as outlined in Article 3 of the organization’s constitution. However, it reserves the right to deny a red notice against an individual if it believes the request is politically or religiously motivated.
2. Reach out to the Interpol Commission for the Control of Files (CCF)
If your name appears on a “red notice,” you should contact the Interpol Commission for the Control of Files (CCF) to request they review whether it’s a legal matter and to provide you access to your file. This process will help ensure your rights are protected.
The CCF is an independent body that ensures data processing within Interpol adheres to its rules. It consists of two chambers: the Advisory Chamber and the Requests Chamber, both staffed with lawyers.
The CCF may decide to remove your information, add a “disclaimer” to it, or make other changes to your file. They also have the right to consult with other international organizations or seek legal advice before making a decision on your case.
If you’re a foreign national and have received a red notice from Interpol in London, it’s crucial to immediately get in touch with the police. This is because pursuing red notice can affect you at various stages of your immigration process. For instance, you could be arrested at the border and detained for a long period, or you might be denied discretionary benefits such as asylum. You could also be denied bail or have your immigration status altered. In the country where the red notice was issued, you could also face criminal charges, which would further impact your immigration status.
If you’re a refugee and Interpol can confirm your status, they’ll remove any red notices or diffusion concerning you from their files. However, you’ll need to submit a clear statement in accordance with Article 3 of the Interpol Constitution.
4. Reach out to a human rights organization/firm
Human rights organizations work to ensure the respect of all human rights, especially those guaranteed by international law. They do this through research, advocacy, education, and training.
They also work with individuals who have become victims of human rights violations. They strive to ensure that governments and their officials act in accordance with human rights standards.
It’s important to get in touch with a human rights organization as soon as you receive a red notice from Interpol, since they can provide information that might help convince Interpol to remove your information.
It’s especially important to reach out to a human rights organization if you believe that the case against you is politically motivated and not based on any legitimate criminal investigation. It’s also crucial to provide any evidence of how the red notice has impacted your rights, such as letters from governments stating that you will be denied entry into their country, or reports from international organizations on how, as a person, your situation would be resolved if they were sent to the country that issued the red notice.ex and depends on the political relations between the countries, as well as the willingness of states to cooperate on the basis of mutual interests and compliance with international legal standards.
What is extradition?
Extradition is the legal process of transferring a person convicted of a criminal offence from one jurisdiction to another for prosecution or execution of a sentence. The main function of extradition relations is to combat international organized crime and terrorism. Let’s look at how the extradition process works, the countries with which the UK has an extradition treaty and those with which it does not.
Extradition UK has a complex and well-developed system, governed by the Extradition Act 2003. The Extradition Act sets out the legal framework for extradition arrangements with both EU member states and other countries around the world. The extradition process in the UK involves several key stages:
- Receipt of an extradition request: a foreign country makes a formal extradition request for the surrender of a person accused or convicted of a crime;
- Arrest and trial: Once a request is received, UK law enforcement can detain the person requested. Following the provisional arrest, the case is referred to a magistrates’ court, where the grounds for extradition are considered;
- Assessing the grounds for extradition from the UK: the court assesses whether the request meets the requirements for dual criminality, meaning the extradition offence must be a crime in both countries. The extradition hearing also takes into account the individual’s human rights and the risk of their violation if extradited. If the request violates any of these regulations, the requested country can refuse extradition.
- Appeals: If extradition is granted, the person requested has the right to appeal to the High Court and, if necessary, the Supreme Court. However, the High Court can’t hear any appeals until the Secretary of State authorizes the requested person’s extradition proceedings.
- Final decision: Once all legal procedures have been completed and the decision to extradite has been confirmed, the Home Secretary signs the extradition order.
Extradition in the UK strictly adheres to its international human rights obligations, including the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. These proceedings also consider whether any statutory bars to extradition apply.
For example, under Article 3 of the Convention, extradition requests cannot be carried out if there is a real risk of torture or inhuman or degrading treatment. Lack of prosecution decision is also another reason that may prohibit extradition from the UK.
Which countries do not have an extradition treaty with the UK?
The absence of a bilateral treaty between the UK and the requesting state can complicate an extradition arrangement over a requested person. However, even in such cases, extradition processes can be carried out based on multilateral treaties or the principle of reciprocity. Some extradition countries in the UK are not on the list of states with which formal agreements have been concluded, which can complicate cooperation in this area, for example:
- Republic of China (excluding Hong Kong and Macau)
- North Korea
- Maldives
- Mongolia
- Namibia
- Nepal
The UK has an extensive network of extradition arrangements with many countries around the world. These treaties provide a legal basis for cooperation in criminal justice, setting out clear procedures and conditions for the transfer of accused persons. The existence of such agreements demonstrates mutual trust between countries and their willingness to work together to combat crime.
Countries that have concluded an extradition treaty with the UK usually agree on the following provisions in the treaties:
- Double criminality: the crime for which extradition is sought must be punishable in both countries;
- Minimum severity of the crime: a minimum sentence is often set, such as at least one year in prison;
- Exceptions: Political crimes, war crimes, and cases where the person may be persecuted for reasons of race, religion, or political opinion are usually excluded from extradition.
Extradition between the UK and Dubai
The United Arab Emirates (UAE), of which Dubai is a part, has a bilateral extradition treaty with the UK, signed in 2008 and entered into force in 2013. This treaty sets out the legal framework and procedures for extradition between the two countries, facilitating more effective cooperation in the fight against crime.
Features of the process:
- Formal procedures: the extradition request must comply with treaty and national law;
- Human rights risk assessment: UK courts take into account the possibility of a violation of the requested person’s rights in the event of extradition, in line with the European Convention on Human Rights;
- Double criminality: the offence must be punishable in both countries.
Extradition between the UK and Thailand
Extradition in the UK and Thailand is based on an extradition treaty signed in 1911 and ratified by both countries. This treaty sets out the procedures and conditions for the transfer of accused persons. The extradition process involves a formal request, the detention of the person including a trial.
Features of the process:
- Human Rights: UK courts carefully assess whether a person’s fundamental rights are being violated, including the risk of the death penalty or ill-treatment. Under Article 3 of the European Convention on Human Rights, extradition may be refused if there is such a risk;
- Fair Trial Guarantees: Thailand’s judicial system is reviewed to ensure that it provides a fair trial.
Extradition between the UK and Cyprus
The UK and Cyprus have long-standing historical ties and are parties to the European Convention on Extradition of 1957. This ensures uniformity of procedures and high standards of human rights protection.
Key stages:
- Direct cooperation: the judicial authorities of both countries can directly interact within the established legal framework;
- Respect for human rights: both states are bound by the European Convention on Human Rights, which provides additional protection for requested persons;
- Accelerated procedures: the existence of common legal standards allows for a reduction in the time required to process extradition requests.
Extradition in the UK and Cyprus is carried out under national laws and international obligations. The courts of both countries are obliged to ensure a fair trial and respect for human rights as provided for in international treaties.
The Role and Jurisdiction of Interpol in London
Interpol’s red notices are a crucial component of international law enforcement activities. Serving as a global alert system, these notices are integral to tracking and apprehending individuals crossing international borders. However, their impact extends beyond law enforcement agencies, affecting legal proceedings and individual rights within jurisdictions.
As an institution, Interpol doesn’t have investigative or prosecutorial powers; it merely assists police forces from different countries in collaborating on transnational cases. The execution of extradition requests and legal actions related to criminal cases fall under the jurisdiction of the respective national police or law enforcement agencies in London.
Not sure how to proceed with Interpol in London? Contact us for a consultation.
