One of the most frequent questions people have about INTERPOL Red Notices is how a Red Notice can be issued in a case where the prosecution was politically motivated. The question is a valid one, particularly given INTERPOL’s prohibition of involvement in political cases. INTERPOL specifies in one of its fact sheets, here, that:

The General Secretariat can only publish a notice that adheres to all the proper legal conditions. For example, a notice will not be published if it violates INTERPOL’s Constitution, which forbids the Organization from undertaking activities of a political, military, religious or racial character.

This statement is not entirely accurate, only because the General Secretariat does not always know the true nature of the cases behind the Red Notice requests that it receives from its member countries.

Despite the prohibition against political cases, practitioners are routinely approached by individuals who are being politically prosecuted for criminal offenses, and listed with INTERPOL as Red Notice subjects. The reality is that politically motivated Red Notices are, in fact, published.

Unless a Red Notice subject is particularly well-known, it is quite possible for the underlying political nature of the Red Notice to be unknown to INTERPOL. Only when the subject discover the Red Notice and works with his/her attorneys to inform INTERPOL about the true nature of the case does INTERPOL learn that it should not be involved in the matter.

As always, thoughts and comments are welcomed.