Interpol Releases New Information on the Screening of Red Notice and Diffusions

BSQ Partner and leading Interpol lawyer Roger Sahota –one of the editors of the Red Notice Monitor – comments on new information which has recently been published on the “Review and Compliance” section of Interpol’s website.

The work of Interpol’s Red Notice and Diffusions Task Force (NDTF) has long been shrouded in secrecy. The NDTF has the job of reviewing applications for Red Notices and Diffusion alerts from Interpol member states. These applications are submitted by the National Central Bureau (“NCB”) of each member state.

Interpol has now released important new information on how the NDTF goes about its work.

Comprised of a multidisciplinary task force of police officers, lawyers, and operational staff, the NDTF’s function is to weed out abusive Red Notice and diffusion alert applications. 

The NDTF has the ability to block Red Notice or other diffusion alerts before they are disseminated to member states if they are deemed to be non-compliant within Interpol’s Rules and Constitution.

Interestingly, the NDTF cannot however block Wanted Person Diffusions (WPD’s) before they are transmitted. WPD’s alerts are transmitted directly in the form of emails sent to some or all NCBs by any individual member. The point-to-point transmission of these messages means that Interpol does not review WPD’s before they are transmitted.

If, after transmission a WPD is found to be non-compliant Interpol confirms that it’s powers are limited. The General Secretariat will inform NCBs in all recipient countries of the decision and request that they update their national databases accordingly.

This leaves open the possibility that some member states could exploit this lack of oversight to abuse the WPD system. 

To forestall this Interpol has also clarified that “Member states who consistently lodge non-compliant Red Notices can be punished with a partial or full suspension of processing rights. Interpol’s executive committee must approve any long-term suspension of these rights.”

Many observers believe that it would be a powerful deterrent against future misconduct were Interpol to name and shame those states with a record of consistently and blatantly transgressing it’s rules. While Interpol confirms that some members have “on different occasions” been made subject to interim and corrective measures it has however so far refused to do so.

For further information on the work of the NDTF and the WPD system, please see Roger’s recent blog for the Red Notice Monitor here. 

Roger Sahota is currently engaged in representing a number of clients in applying to delete Interpol Red Notices. You can read more about our expertise in challenging Red Notices on our practice page.

If you require advice and assistance in challenging an Interpol Red Notice or Diffusion, please contact our London offices on 0044 203 858 0851.