INTERPOL: how it works and what a Red Notice means

If you suspect there is an active INTERPOL Red Notice against you, or if Spain has denied your extradition but you are still experiencing problems at borders, understanding how INTERPOL works is the first step towards making informed decisions.

What is INTERPOL

INTERPOL is the International Criminal Police Organization. Founded in 1923 and headquartered in Lyon, France, it connects the police forces of its member countries to facilitate the exchange of information and cooperation in combating cross-border crime.

INTERPOL is not a supranational police force. It has no agents of its own who carry out arrests, and it cannot act autonomously on the territory of any state. Its role is to serve as a channel: it receives requests from member countries, processes them, and distributes them to the relevant national offices, known as National Central Bureaus (NCBs).

This has an important practical consequence: information transmitted by INTERPOL from Lyon does not always reach each local office in an updated form. If proceedings conclude or are resolved favourably, the updating of data in each country depends on each NCB correctly processing the notification received.

How international police cooperation works

Member countries use INTERPOL's systems to share data on wanted persons, stolen documents, terrorist threats, and organised crime networks. Access to these databases is restricted to authorised police and judicial authorities in each country.

Alongside INTERPOL there is Europol, the European Union's law enforcement cooperation agency, headquartered in The Hague. These are two entirely independent organisations that do not share databases. A person may be registered in one without appearing in the other. If there is a possibility of an alert at the European level, steps regarding Europol must be taken in parallel and independently.

INTERPOL notices

INTERPOL issues different types of notices to alert its member countries about persons, objects, or threats of police interest. Each type serves a specific purpose and is identified by a colour.

The best known is the Red Notice. It is issued at the request of a member country to seek the location and provisional arrest of a person with a view to extradition. An active Red Notice can lead to detention at any airport or border crossing of countries that consult INTERPOL's database.

In certain cases involving terrorism or international drug trafficking, INTERPOL may not disclose information about the existence of a notice. These classified notices restrict the exercise of the right of access to data.

What happens when a Red Notice is active

Legal assistance in this area may be required at two distinct stages: before a notice exists, if there are grounds to believe the country of origin may request one, or once extradition proceedings have concluded, in order to seek its deletion.

A common mistake is to assume that the denial of extradition automatically removes the Red Notice. It does not. A Spanish court ruling denying extradition has no direct effect on INTERPOL's records. Deletion must be requested independently before the competent bodies of the organisation.

The absence of a visible Red Notice does not mean there is no risk. There may be an active diplomatic request, or some national offices may hold outdated data because they have not correctly received notification of the ruling.

The deletion procedure

Deletion is requested before INTERPOL's Commission for the Control of Files (CCF). Standard timelines are approximately four months for a data access request and nine months for a deletion request, though in practice these are frequently extended. The CCF consults the issuing state, which often fails to respond to reminders within the set timeframe.

Documentation is limited to 10 pages. While Spanish is an official INTERPOL language, submitting the file in English speeds up the process significantly. Unlike extradition proceedings, the CCF typically examines the substance of the case when solid supporting documentation is provided, making its quality decisive.

Recognised grounds for deletion

Political persecution is a ground recognised by the CCF for ordering deletion. By contrast, the statute of limitations or the nationality of the person sought are not, in themselves, recognised grounds. The principle of ne bis in idem does not succeed either: since each state is sovereign, having been tried for the same facts in another country does not compel INTERPOL to delete the notice.

Once a request has been decided, there is no ordinary appeal. The only avenue to challenge the decision is to submit new elements not included in the original file that could alter the outcome.

Conclusion

INTERPOL is a tool for police cooperation, not a court. Its notices do not imply a conviction, but they can have immediate consequences for freedom of movement. The key points to bear in mind:

• INTERPOL does not arrest or judge: it channels information between national police forces.
• A Red Notice can lead to border detention even after extradition proceedings have concluded.
• Denial of extradition does not delete the Red Notice. Deletion must be requested expressly before the CCF.
• Political persecution is a ground for deletion; the statute of limitations or ne bis in idemgenerally are not.
• Europol is an independent system and must be addressed separately if there is a risk of an alert at the European level.

If you are unsure whether there is an active notice against you, or need to manage its deletion, Fukuro Legal can advise you from the outset.

→ See our extradition defence service or conctact interpol red notice lawyer directly for an initial assessment.