Assistance from Attorney Alexander Ovchinnikov in Addressing the International Criminal Police Organization
Representation at INTERPOL, along with extradition matters, is one of the key specializations of Attorney Ovchinnikov’s law firm.
What is an “international wanted notice via INTERPOL”?
The International Criminal Police Organization INTERPOL was established to unite the efforts of law enforcement agencies of member states in combating crime. Its headquarters are located in Lyon, France. INTERPOL organizes international searches for individuals suspected of committing criminal offenses and coordinates the actions of NCB (National Central Bureau) staff, who are composed of officers from national police agencies of member states. Today, INTERPOL has 190 member countries and territories.
Contrary to a common misconception, INTERPOL staff themselves do not conduct any investigative or search activities.
Any state may submit information about a wanted person to INTERPOL. After an initial review, such information is registered in the form of one of the existing “notices.” Sometimes, states aim to obtain certain information about persons of interest without arresting them for extradition (e.g., the so-called “Blue Notice”). In practice, however, two types of notices are most significant because they are specifically aimed at arrest with a view to subsequent extradition:
- The “Red Notice,” and
- The “Diffusion.”
The difference between these two documents lies only in the depth of preliminary control by INTERPOL. As a general rule, preliminary control of Diffusion notices is not conducted, and they are automatically disseminated among member states. For certain member states, preliminary control is applied to both Red Notices and Diffusions (e.g., the Russian Federation).
From a practical standpoint, for a wanted person, there is no difference as to which type of notice has been issued against them.
A state submitting a wanted notice to INTERPOL may restrict its dissemination to one or more countries. In practice, however, states request that such information be sent to all 190 INTERPOL member countries.
Control over the validity of wanted notices—both preliminary and subsequent—is carried out by a specially established independent body: the INTERPOL Commission for the Control of INTERPOL’s Files (the “Commission”).
Appealing an INTERPOL Wanted Notice
Appealing an INTERPOL wanted notice is an important process that can help a person protect their rights and interests. The appeal procedure is as follows:
- Filing a request. The request (application) must be drafted in one of the organization’s official languages (English, French, Spanish, or Arabic) and must comply with established formatting and submission requirements.
- Acceptance of the request. The Commission for the Control of Files reviews the request and decides on its admissibility.
- Case review. If the request is accepted for review, the Commission proceeds to examine the case.
- Decision. The timeline depends on the request. For access to data, the official period is 4 months, but in practice it may be shorter. For correction or deletion of data, the period is up to 9 months.
If the request is rejected, the denial decision may be challenged. The Commission may suspend wanted notice activities pending the resolution of the application.
Attorney Alexander Ovchinnikov specializes in representation before INTERPOL. If you have been placed on an international wanted list or have encountered improper actions by INTERPOL, the attorney is ready to assist in complex situations.
Services:
- Assistance in appealing an international wanted notice decision.
- Guaranteed protection of interests.
- Full legal support if court proceedings are necessary.
- Consulting on all aspects of international law.
Alexander Ovchinnikov
Alexander Ovchinnikov is an experienced specialist providing legal support to individuals and legal entities. The law firm specializes in resolving disputes in the areas of:
- foreign investments;
- international law;
- criminal law (including extradition).
Questions and Answers
How can I find out if I am on an international wanted list?
The simplest way is to check the Red Notices database on INTERPOL’s website:
www.interpol.int/en/How-we-work/Notices/View-Red-Notices.
However, it must be understood that the absence of information about a specific person in the above database does not mean the person is not internationally wanted. Accurate information about the presence or absence of a Red Notice or Diffusion can be obtained by submitting a formal request to the Commission.
What is required to submit a request to the Commission?
Do I need an attorney to submit a request?
In principle, an attorney’s assistance is not required to submit a request. However, if the applicant does not wish to provide their address to the Commission, the request may be submitted by an attorney, with whom the Commission will conduct all further correspondence.
How long will it take to process my request?
As a general rule, the processing time for a request should not exceed four months.
Is it necessary to specify the State that may have issued the wanted notice?
In the request, you can indicate which state may have issued the wanted notice — this will speed up its processing.
What happens after the Commission receives my request?
After receiving the request, the Commission will check whether a wanted notice exists in the INTERPOL information system. If no such notice exists, the applicant will be notified that there is no information about their being wanted. If information later appears, the Commission will automatically notify the applicant or their representative.
If the INTERPOL information system contains information about an international wanted notice, the Commission will request permission from the relevant state to provide it to the applicant. After the state (through its National Central Bureau) grants such consent, the applicant or their representative will receive an official notification from the Commission indicating the type of wanted notice (Red Notice or Diffusion), a brief description of the charges against the person (or, if they have already been convicted, the essence of the sentence), the date the wanted notice was sent to INTERPOL, and some other information.
In extremely rare cases, a state may prohibit informing the applicant about the existence or absence of a wanted notice against them.
Is checking the online database sufficient to know if I am wanted?
No. Only an official request to the Commission provides accurate information about an international wanted notice.
It is important to note that crossing borders without hindrance does not guarantee the absence of a wanted notice, particularly because notices may not be disseminated to all countries, and due to the specifics of border controls in some states.
Who can see the information in Red Notices and Diffusions?
Information about Red Notices or Diffusions is available to the police services of the countries to which they have been disseminated. Depending on national legal system features, such information may also be available to a range of other services (customs, border services, various law enforcement agencies, etc.).
What happens if I am discovered to be internationally wanted?
As a general rule, if information about an international wanted notice for a person is discovered, they are subject to immediate arrest for the purpose of further transfer (extradition) to the requesting state. The extradition procedure will depend on the relevant legal regulations in each country.
It must be borne in mind that in certain cases, a person may be detained even without passing through border or police checks. For example, under the laws of many countries, when checking into a hotel, information about the guest is automatically transmitted to police authorities. Additionally, a person may be detained as a result of international cooperation between police services.
Can a person be wanted under multiple notices simultaneously?
Yes, theoretically, such a possibility exists. However, in practice, it is extremely rare.
What happens if multiple notices exist for the same person?
In such a case, the national courts of the country where the wanted person is detained will decide which notice takes precedence and in what order the extradition request will be considered.
How long are wanted notices valid?
Red Notices and Diffusions are valid for five years. They may be renewed at the request of the relevant state an unlimited number of times.
Can a request alone lead to the deletion of a wanted notice?
Yes. In certain cases, merely submitting an information request, without any substantiation of the unlawfulness of the criminal prosecution, may lead to the deletion of the corresponding wanted notice on the Commission’s own initiative. In such a case, the applicant or their representative receives an official certificate with all protective details, confirming that the person is no longer internationally wanted.
Can a person know they are wanted even if no notice exists in the INTERPOL system?
Yes. In some situations, the applicant may be reliably aware of their criminal prosecution and even of the national authorities’ decision to place them on an international wanted list, yet the wanted notice never appears in the INTERPOL Information System.
What is the procedure for appealing a wanted notice?
To appeal a wanted notice, you must use the standard form available on the Commission’s website:
https://ccf-interpol.jotform.com/app/ccf-secretariat/portal
It is advisable to entrust the drafting and submission of the request to an attorney due to the certain complexity of this area of law. Furthermore, it must be borne in mind that the Commission’s decision cannot be appealed, so it is crucial to prepare the request properly to achieve success.
What arguments can be used to appeal a wanted notice?
Arguments in support of a request to delete data from the INTERPOL Information System may vary depending on the circumstances of the specific case and the legal system of the state that issued the international wanted notice. Among the most common grounds for deleting information about an international wanted notice are the following:
- The criminal prosecution is politically motivated;
- The applicant has protected status (e.g., refugee status in some state);
- The criminal prosecution does not meet the basic standards of a fair criminal process under international law;
- There is a decision (or decisions) by judicial authorities of some state refusing to extradite the applicant to the state that entered the information about their wanted notice into the INTERPOL Information System.
This list is not exhaustive. Moreover, none of the above grounds alone can be decisive for the Commission to decide to delete information about the applicant’s international wanted notice.
What is the process after filing a request for deletion?
After a request for deletion of information about an international wanted notice is filed, the Commission usually requests certain information from the state that issued the arrest warrant.
The Commission may also request explanations and/or additional information from the applicant themselves. Once the Commission has sufficient information, it makes a decision on the merits. The text of the decision is sent to the applicant or their attorney.
As a general rule, the Commission makes a decision within 9 months. Sometimes this period may be shorter or longer.
Can a request for deletion be submitted to the Commission before a decision on the merits?
Yes. A request for deletion of information prior to the Commission’s decision on the merits must be substantiated.
What happens if the Commission’s decision is positive?
If a positive decision is made, the Commission sends the applicant or their representative an official certificate confirming the absence of an international wanted notice. The certificate indicates the date from which the information about the international wanted notice is no longer contained in the INTERPOL Information System.
Each such certificate has a special code by which any police service worldwide can verify its authenticity, if necessary.
As of the date indicated on the certificate, the information about the applicant’s international wanted notice disappears from the INTERPOL Information System and is not accessible to police or other services of any INTERPOL member state.
Does a positive Commission decision help in court?
Yes. A positive decision by the Commission can be decisive for the outcome of proceedings in most jurisdictions worldwide.
What is a “pre-emptive request”?
This is a request not to disseminate information about the applicant’s international wanted notice if such information is received by the Commission. Such a request may be filed if no information about the applicant exists in the INTERPOL Information System at the time of filing. In practice, filing such a request is not always advisable.
Can a Commission decision be appealed?
As stated above, the INTERPOL system does not provide for an appeal procedure. However, it is possible to request a reconsideration of a previously issued decision based on new facts or circumstances that were not communicated to the Commission at the time the case was reviewed.
What are the costs for deleting a Red Notice or Diffusion from the INTERPOL Information System?
The costs consist of the attorney’s fee and the cost of translating documents into one of INTERPOL’s official languages (English, French, Spanish, Arabic). The amount of the fee is determined by agreement between the parties, taking into account the complexity and urgency of the case.
