BSQ partner Roger Sahota is currently representing a high net worth international businessmen in challenging an illegitimate Red Notice issued by one of Interpol‘s member states.

In response to legal representations Interpol’s appellate body – the Commission for Control of Files – “CCiF” - have recently granted a temporary suspension of the Red Notice. A final decision will be taken on whether the Red Notice complies with Interpol’s rules at a further meeting of the CCiF in the New Year 2022. The decision is an encouraging sign that Interpol is considering deleting the Red Notice in question.

In an interesting case study of how the Red Notice system is open to abuse, the legal submissions submitted to the CCiF argued that the Red Notice violated Interpol’s constitution as it is politically motivated. Article 3 of Interpol’s constitution prohibits the organisation from engaging in any political activities and provides that:

“It is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character.”

The legal test to be applied to determine if a request is political is the ‘predominance test’ i.e.

“… no request for information, notice of persons wanted and, above all, no request for provisional arrest for offences of a predominantly political, racial or religious character, is ever sent to the International Bureau or the NCBs, even if – in the requesting country – the facts amount to an offence against the ordinary law.”

BSQ has a niche in representing individuals named in abusive Red Notices. In BSQ’s experience some Interpol members frequently target individuals who may not be actively involved in politics but who by virtue of their success in business, their influence or standing in society are identified as opponents of a repressive regime.

Sadly, this type of abuse of Red Notices is increasingly common as the Council of Europe confirmed in a report 2019 which

“found that Interpol’s procedures had been frequently abused for political or corrupt reasons by certain countries.” (Resolution 2315 of 2019).  https://pace.coe.int/en/files/28303.

For more information about Interpol visit our Red Notice practice page. 

BSQ works closely with some of the world’s leading experts on Interpol. In the present case as well as filing lengthy legal submissions with the CCIF, a large body of supporting evidence including reports from leading Interpol experts were also provided to the CCiF.

If you suspect you are the subject of an Interpol Red Notice or Diffusion and need legal advice on the ramifications of this please contact our London office.