INTERPOL LAWYER (2025)
The Interpol lawyer meticulously follows the legal proceedings of individuals being tried on an international level and applies to Interpol to safeguard their rights. Interpol (International Criminal Police Organization) is an institution founded in 1923 to monitor the cross-border movements of criminals and combat international crimes. The primary duty of the organization is to facilitate information sharing among member states and assist in apprehending criminals. Interpol does not exercise any judicial authority; it solely coordinates cooperation among member countries. In this process, a lawyer’s role is of great significance.
Interpol lawyers provide legal support by safeguarding their clients’ right to a fair trial and conduct defences in accordance with international agreements. Interpol’s authority to issue red notices is based on the requests of judicial authorities concerning international crimes.
- TYPES OF BULLETINS PUBLISHED BY INTERPOL
- WHAT IS A RED BULLETIN?
- Crimes Subject to a Red Bulletin Decision
- Crimes and Situations Exempt from Red Notice Issuance
- When Can an Interpol Search Be Cancelled?
- Removing an Interpol Search and Red Notice
- THE ROLE OF THE INTERPOL LAWYER
- FREQUENTLY ASKED QUESTIONS
- How Long Does It Take to Remove an Interpol Search and Delete an Interpol Record?
- Can I Travel After an Interpol Search is Removed?
- Can I Submit an Application to Remove an Interpol Search in My Current Country?
- What Are the Legal Consequences of Removing an Interpol Search?
- How is an Interpol Red Notice Removal Process Done?
- CONCLUSION
TYPES OF BULLETINS PUBLISHED BY INTERPOL
There are 7 types of bulletins published by Interpol:
Red Bulletin: This is the most basic type of bulletin used to request the arrest of a suspect or defendant for extradition, upon the request of Interpol member countries. Through the Red Bulletin, Interpol shares the suspect or defendant’s identity details, photographs, fingerprints, crime type, etc., with member countries to expedite the extradition process.
Blue Bulletin: This type of bulletin is aimed at assisting in the identification of individuals by recording their identity details and gathering information regarding criminal activities.
Green Bulletin: This bulletin serves as a warning by providing information about individuals who have committed crimes in the past or those prone to criminal activity.
Yellow Bulletin: This bulletin is used to locate missing persons, especially missing children, and to identify them.
Orange Bulletin: This type of bulletin is used to alert countries about serious security threats involving weapons, explosive devices, and other dangerous materials.
Black Bulletin: This bulletin is used to help identify deceased individuals.
Purple Bulletin: This bulletin informs countries about the commission, organization, and other aspects of specific crimes, helping to take preventive measures against such crimes.
WHAT IS A RED BULLETIN?
A Red Bulletin is an international arrest request issued by Interpol to its member countries, asking for the detention of an individual. The issuance of this bulletin typically occurs in cases involving serious crimes. However, not every bulletin request is accepted by Interpol. The request must comply with Interpol’s rules and international law set by the country making the application.
Crimes Subject to a Red Bulletin Decision
Red Bulletin decisions issued by Interpol are generally applied to the following crimes:
- Terrorism: Membership in terrorist organizations, planning or executing terrorist acts.
- Human Trafficking: Human trade and migrant smuggling.
- Drug Trafficking: International drug trade and related crimes.
- Organized Crime: Crimes committed by mafia organizations, gang activities, and international criminal groups.
- Arms Smuggling: Crimes related to the international arms trade.
- Cyber Crimes: Attacks on computer systems, data theft, identity fraud, and similar crimes.
- Financial Crimes: Money laundering, corruption, large-scale fraud, and tax evasion.
- Deprivation of Liberty and Intentional Murder: Serious crimes such as murder, deprivation of liberty, and abduction.
These crimes fall within the jurisdiction of Interpol and require international cooperation for investigation, as per international legal frameworks. Interpol is authorized to issue Red Bulletins for these crimes, as part of international judicial cooperation.
Crimes and Situations Exempt from Red Notice Issuance
Interpol’s authority to issue Red Bulletins is limited to specific crimes. Certain crimes and situations are excluded from the issuance of a Red Bulletin. Below are the main crimes and situations for which a Red Bulletin cannot be issued:
- Political Crimes: One of Interpol’s fundamental principles is to avoid involvement in political crimes and to prevent Red Bulletin requests based on political motives. This includes:
- Political actions: A Red Bulletin cannot be issued for individuals involved in political opposition, protests, demonstrations, or election-related activities.
- Anti-government accusations: Red Bulletins cannot be requested for individuals involved in political activities against a state’s government or policies.
- Military Crimes: Actions that violate a state’s military laws or crimes that require trial by military courts cannot lead to a Red Bulletin. These crimes typically involve military insubordination, desertion, or disobedience to military court orders. Interpol cannot request a person’s arrest for these crimes, as they are not considered subjects for international legal cooperation.
- Family Law and Private Law Disputes: Disputes in family law or private law issues cannot be the basis for a Red Bulletin. Examples include:
- Divorce cases,
- Custody disputes,
- Alimony disagreements,
- Property division. These are not criminal matters and do not fall under the scope of international arrest requests.
- Minor Crimes and Misdemeanours: Interpol issues Red Bulletins for serious crimes that require significant penalties. Minor crimes or offenses cannot lead to the issuance of a Red Bulletin. Examples include:
- Traffic violations,
- Minor thefts,
- Small-scale fraud,
- Administrative fines. These types of minor offenses are generally not considered serious enough to warrant international arrest.
- Freedom of Expression and Media Activities: Red Bulletins cannot be issued based on journalism activities, news reporting, or the expression of opinions related to freedom of thought and expression. This includes:
- Journalistic activities,
- Social media posts,
- Public statements expressing opinions. These actions are outside the scope of a Red Bulletin.
- Allegations Related to Human Rights Violations: If the charges that form the basis of a Red Bulletin request involve violations of human rights, Interpol may reject the request. These situations include:
- Violations of the right to a fair trial,
- Concerns over torture or inhuman treatment,
- Strong evidence suggesting the crime has a political motive. Interpol thoroughly examines such requests to ensure that legal processes are fair and human rights are protected.
When Can an Interpol Search Be Cancelled?
The Interpol lawyer may seek to have a Red Bulletin search cancelled for their client under certain legal grounds. These typically revolve around whether the search complies with the law and Interpol’s rules. The main situations where an Interpol search can be cancelled include:
- Illegitimate Red Bulletin Requests: One of the most common reasons for requesting the cancellation of a Red Bulletin is that the bulletin was issued in an unlawful manner. This situation often arises when the requested crime does not fall within Interpol’s jurisdiction or when the crime is claimed to have a political, military, religious, or racial nature. According to Interpol’s constitution, such requests should not be considered. The Interpol lawyer can examine whether the charge against their client falls within these categories and file a request for cancellation.
- Violation of the Right to a Fair Trial: Red Bulletin requests may not always be based on legal processes. If the individual’s right to a fair trial has been violated—such as if they were not judged in an independent and impartial court, or if they will not have a fair trial—this could be grounds for challenging the Interpol search. International agreements like Article 6 of the European Convention on Human Rights (ECHR) guarantee the right to a fair trial, and Interpol may reject requests that contradict these standards. An attorney can argue that the client’s right to a fair trial is compromised, providing a basis for a challenge.
- Statute of Limitations and Lack of Legal Basis: In some cases, Red Bulletin requests may involve crimes that are past the statute of limitations or accusations that lack legal grounds. For example, if the prosecution authority has expired due to the passage of a certain period, or if there is insufficient evidence to support the claim that the crime occurred, these are important legal reasons for the Interpol lawyer to request the cancellation of the search.
- Political Nature of the Allegations: Article 3 of Interpol’s Constitution stipulates that request related to political, military, religious, or racial offenses should not be considered. Therefore, if the crime for which an individual is being searched via a Red Bulletin is used as a tool for political prosecution or punishment, the request can be cancelled. The Interpol lawyer may apply for the cancellation of the search by proving that the individual is a victim of political persecution.
- Asylum Status and International Protection: If an individual has been granted asylum or international protection in another country during the search process, this could be considered by Interpol. Issuing a Red Bulletin for someone with international protection status may be contrary to both national and international law. In such cases, the Interpol lawyer can request the cancellation of the search by using the individual’s asylum or protection status as a legal basis.
Removing an Interpol Search and Red Notice
To remove an Interpol search, it is first necessary to confirm which country’s domestic legislation the notification to Interpol was based on and to verify the current status of the relevant criminal case. If the individual meets the application requirements, a request shall be made to Interpol. The application can be submitted either by the individual themselves or by a lawyer to whom they have granted power of attorney.
It is important to note that, to achieve a favourable outcome from the application, it is crucial to work with a lawyer who is knowledgeable in international law and experienced in the process of removing an Interpol search.
The application to Interpol must be made by filling out the application form completely and submitting a petition that explains the case. The application should also include the individual’s passport translations, criminal record, court decisions, documents related to the domestic legislation of the relevant country, and, if available, finalization notes. Applications are accepted in four languages: English, French, Arabic, and Spanish. The commission evaluates requests solely based on written statements and supporting documents.
After the application reaches Interpol, Interpol first evaluates the request based on the Commission’s Rules and informs the applicant or their lawyer if the request is considered admissible. This information is provided by the INTERPOL Commission for the Control of Files (CCF). The CCF assigns a reference number to the application, and all correspondence regarding the application should be done using this reference number. Before assessing the applicant’s claims, Interpol may write to the country where the criminal prosecution is being conducted to request the transmission of documents related to the applicant. However, this request is conditional upon the approval of the applicant or their lawyer.
Once the application for the removal of the Interpol search and deletion of the Interpol record is accepted by Interpol, the relevant Commission of Interpol will inform the applicant or their lawyer about the session number and dates when the appeal will be discussed. On the relevant day, the Commission convenes and conducts evaluations regarding the deletion of the Interpol record and the removal of the Interpol search. All requests and evidence from the applicant’s lawyer are evaluated in this Commission based on the Commission’s Rules. Therefore, it is necessary for the applicant or their lawyer to explicitly state which provisions of the Commission’s Rules have been violated.
After the completion of the Commission’s deliberations, Interpol will inform the applicant or their lawyer that the Interpol record has been deleted and the Interpol search has been removed. The decision is then forwarded to the Interpol General Secretariat. In accordance with the Personal Data Protection Law (KVKK), the applicant’s files are completely removed from Interpol’s records. After this stage, no international police cooperation can be conducted with any law enforcement agencies through Interpol channels regarding the applicant. Furthermore, following the deletion of the Interpol record and removal of the Interpol search, Interpol informs all national units in member countries to update their national databases accordingly.
THE ROLE OF THE INTERPOL LAWYER
The Interpol lawyer represents their clients during international criminal investigations and prosecutions. The “red notices” issued by Interpol contain international arrest requests. A red notice notifies authorities worldwide to arrest and extradite a person accused of committing a crime. However, a red notice is not an arrest warrant. Protecting the human rights of individuals named in these notices and ensuring their fair trial are fundamental responsibilities of the Interpol lawyer.
The Interpol lawyers may apply for the cancellation of a red notice issued against their clients, defend their clients’ legal rights, and demand a judicial process that complies with international legal standards. Additionally, defending the innocence of their client or claiming that the notice was issued for political reasons are also tasks that fall under the duties of the Interpol lawyer.
FREQUENTLY ASKED QUESTIONS
How Long Does It Take to Remove an Interpol Search and Delete an Interpol Record?
After the application is submitted properly and completely, it usually takes about 1 month for Interpol to accept and process the request. The evaluation of the application and the completion of the Commission’s meetings typically take around 8 months.
Can I Travel After an Interpol Search is Removed?
Once the Interpol record is deleted and the search is lifted, the individual can travel without even registering an address. However, it is important to note that the removal of the Interpol record and search does not mean that the person has been acquitted or found innocent in the domestic legal process. For example, in the case of someone wanted by Interpol with a red notice due to a trial in Iran, if the search is lifted and the record deleted, there would be no obstacle for entering Turkey. However, the search order issued in Iran due to the criminal trial can still be enforced.
Can I Submit an Application to Remove an Interpol Search in My Current Country?
Interpol applications can be submitted either personally or through a legal representative with a valid power of attorney in the applicant’s country of residence. However, in all cases, the application authority is the Interpol Commission for the Control of Files (CCF). The current address of the INTERPOL Commission for the Control of Files is 200 quai Charles de Gaulle, 69006 Lyon, France.
What Are the Legal Consequences of Removing an Interpol Search?
Once the Interpol record is deleted and the search is lifted, no international police cooperation can be made through INTERPOL channels regarding the person. Additionally, after the deletion of the Interpol record and the removal of the search, Interpol informs all national units in member countries to update their national databases. However, it is important to emphasize that the deletion of the Interpol record only removes the data from the INTERPOL Information System. Interpol is not a judicial authority. For actions beyond the deletion of INTERPOL records or the removal of the search record, relevant national authorities should be contacted.
How is an Interpol Red Notice Removal Process Done?
To remove an Interpol red notice, a written application must be submitted to the INTERPOL center, and the process must be followed closely.
CONCLUSION
The Interpol lawyer plays a crucial role in closely following the legal processes of individuals facing international trials and in ensuring the protection of their rights. Particularly in the process of appealing a red notice decision, the Interpol lawyer’s defence is vital for safeguarding the client’s human rights. The crimes involved in Interpol notices are typically serious and often connected to international crimes and organizations.