In a world where transnational crime is becoming increasingly complex, international judicial cooperation has become a key element in ensuring an effective response to criminals operating across borders. INTERPOL’s Red Notice plays a central role in the arrest and location of individuals sought for serious criminal offenses, among the most commonly used mechanisms to facilitate this cooperation. An individual arrested in the Kingdom of Morocco on an INTERPOL Red Notice may be incarcerated while awaiting the formal extradition request from the requesting country. Similarly, an individual detained at the request of any other nation that is a member of INTERPOL or any other country may be detained and detained abroad.
However, the Red Notice raises important legal questions, particularly concerning its effects, grounds, and methods of contestation. Article 83 of INTERPOL’s Rules on the Processing of Data sets out a number of criteria for the issuance of these notices, and requires a threshold level of severity for the offenses concerned. However, while some offenses are excluded, the classification of the acts subject to the notice depends on the issuing country.

The INTERPOL Red Notice outlines its definition, effects, and objectives

The INTERPOL Red Notice is an international police cooperation tool, which enables INTERPOL member states to search for and arrest individuals for serious crimes. The Red Notice does not have binding legal force, unlike an international arrest warrant. It serves as a plea for international cooperation, without requiring any state to take any action. Nonetheless, it enables INTERPOL to inform its 195 member nations of the identity and location of a fugitive, thereby facilitating their capture.
The effects of the Red Notice are numerous, but it should be noted that it does not constitute an arrest warrant in the strict sense, unlike a European or an international arrest warrant, both of which are legally binding. The Red Notice encourages member states to locate the sought individual and proceed with their arrest, often in anticipation of an extradition request.
A specialized attorney is very important in this situation. They inform the client of the potential consequences that may arise from the publication of a Red Notice, ensure compliance with the applicable legal standards, and provide guidance on the appropriate steps to take in the event of any dispute or challenge.

The validity duration of a red notice

 

The initial validity period of Red Notices issued by INTERPOL is five years, unless they are removed prior to this period, either at the request of the requesting country or at the initiative of the General Secretariat of the organization. The validity period, which is set at five years, is not necessarily conclusive, as it may be modified by the appropriate authorities, specifically the requesting nation. If the requesting country submits a request, the validity of a Red Notice may be extended, depending on the progress of the investigation or ongoing judicial proceedings. This possibility of extension indicates that the temporal validity of Red Notices is not automatic and may vary based on the specific circumstances of each case.

 

There are several grounds for issuing a red notice

The grounds for issuing a Red Notice generally pertain to serious criminal offenses that warrant an international arrest request. INTERPOL issues a red notification at the request of one or more member countries. The most common types of offenses are:

  • Organized crime includes drug trafficking, money laundering, human trafficking, and other forms of transnational crime.
  • War crimes  committed in the context of armed conflicts.
  • INTERPOL has a major role in the fight against international terrorism, and Red Notices are frequently used to search for individuals linked to terrorist acts.

The distinction between the red notice and the international arrest warrant

It is imperative to comprehend the distinctions between an INTERPOL Red Notice and an international or European arrest warrant.

  • As previously stated, the Red Notice is not legally binding. It is solely intended to inform INTERPOL member states of a search, with a view to arrest and possible extradition. It may be issued based on serious facts, but it does not impose any mandatory action. Its primary purpose is to coordinate the efforts of different states.
  • The International Arrest Warrant is a judicial act issued by a competent court, primarily under an extradition treaty or bilateral agreement, which obligates signatory states to execute the arrest of the sought individual. Specifically, the European arrest warrant facilitates the prosecution of fugitives between European Union member states by eliminating the dual criminality requirement and ensuring a prompt execution of the sentence.

The lawyer must ensure that their client’s rights are respected throughout the Red Notice process, arguing potential violations of human rights, protection against torture, or the risk of an unfair trial.

In this context, our firm has developed true expertise in this field and provides a relevant service in international cases.

          1- Our firm offers proactive assistance to individuals who may be impacted by a Red Notice prior to any arrest procedure by requesting the Notice Control Commission (CCF) to verify whether a Red Notice has been issued. This first step allows us to determine the presence of the alert on an international level and analyze the legal consequences of its existence. Our firm is capable of conducting a comprehensive analysis of the risks associated with international travel, including the examination of existing international agreements between the issuing country and those likely to be visited, based on the current circumstances. This analysis takes into consideration essential factors such as dual criminality, the nature of the offenses for which the notice was issued, and the procedural guarantees offered by transit or destination countries. These elements help prevent unforeseen arrests or prolonged detentions. This proactive approach ensures preventive defense, aiming to neutralize legal risks before the implementation of the notice, particularly by raising arguments regarding potential violations of the individual’s fundamental rights.           

          2- Our firm implements a precise and adapted legal strategy to guarantee the protection of the concerned individual’s rights. If the Red Notice comes from the Kingdom of Morocco, our firm will intervene before the Notice Control Commission (CCF) to contest the validity of the notice, relying on solid legal arguments. A detailed analysis of the Moroccan arrest warrant underlying the Red Notice is conducted, particularly to identify any irregularities that may undermine its legality.

          3- If the Red Notice originates from another country, our firm employs the same proactive approach by filing a contestation before the CCF to request the withdrawal of the notice, demonstrating, where appropriate, that it was issued abusively or in violation of the fundamental rights of the sought individual. Furthermore, our firm ensures that comprehensive and consistent defense is offered to the arrested person in the requesting country, assisting them in all necessary steps to contest the arrest or limit the legal consequences of the Red Notice.

          4- In the event of an arrest in the Kingdom of Morocco, our firm draws on its in-depth expertise in extradition and international arrest warrant contestation. Through our global and strategic approach, our firm intervenes promptly to analyze the legal situation of the arrested individual and implement strategies tailored to Moroccan law and relevant international agreements. Our firm assists individuals arrested in Morocco in relation to an extradition request, raising the necessary legal arguments to oppose their transfer to the requesting country, especially highlighting the risks of fundamental rights violations or an unfair trial.