HomeInterpol Diffusions
Interpol is an international organisation that assists countries in exchanging information about crimes and offenders. As part of its work, Interpol issues various types of notices, among which are colour-coded notices and Interpol diffusions. Although all serve the purposes of ensuring safety and law and order, there are significant differences between them.
What is Interpol Diffusion Notice?
Diffusion is an informal alert that notifies law enforcement agencies that another country is seeking the arrest of a specific individual. It is published and distributed through Interpol channels by the issuing country. These distributions are also recorded in the police databases of the Organisation. However, they are not made publicly available, making it more difficult for civilians to find out if a diffusion has been issued against them.
An Interpol notice regarding dissemination must correspond to a specific purpose:
- Arrest, detain, or restrict the movement of a convict awaiting extradition, or a person accused of criminal activity.
- find and track;
- to obtain further information;
The conditions for dispatching Interpol circulars are the same as the general conditions for registering data in the police databases of the Organisation. Typically, information is disseminated through Interpol’s information system directly to one or more countries, beyond the control of Interpol’s General Secretariat.
The significance of this measure is also clear when you look at the figures. For instance, in 2021, Interpol issued more than 42,000 diffusions.
Differences Between Interpol Diffusions and Red Notices
An Interpol Red Notice is a request designed to locate and arrest individuals accused of committing crimes. Interpol Red Notices and diffusions contain two main types of information: personal data (physical description, photograph, fingerprints, identity document numbers, etc.) and judicial information (the crime the individual is accused of; references to the laws under which charges have been brought or a conviction has been made; references to an arrest warrant or court sentence, etc.). It’s important to note that a Red Notice is not mandatory for enforcement; countries can independently decide how to respond to it and whether to carry out an arrest. Also, a Red Notice and diffusion cannot be issued for political persecution.
Unlike red notices, Interpol diffusions do not have the status of a “formal alert”. They can be used to share information and requests that are not necessarily related to criminal investigations. Diffusions are issued to inform one or more countries about potential threats or criminal activities and can be sent directly by a member country or an international organisation to other states of their choosing. Thus, diffusions are convenient for exchanging operational information without a rigid legal status.
Ultimately, although both forms of notifications serve to enhance security and law and order on the international stage, their functions, objectives, and status differ significantly.
How to Delete an Interpol Diffusion?
If you find yourself in a situation where your name appears in Interpol’s information dissemination notices (diffusions), it’s important to understand that there are several steps you can take to remove information about yourself as a person wanted through diffusion. Interpol states that there are three courses of action you can undertake to try and remove your name from Interpol’s files.
- Firstly, you can contact the competent authorities of the country that initiated the issuance of the diffusion. This could be, for example, the Ministry of Justice or the Home Office of that country. For effective communication, it’s important to seek advice from specialists who can help you understand what steps need to be taken and what your chances of success are. Interpol’s Red Notice can assist you in preparing the necessary documents and petitions, as well as representing your interests before the relevant institutions.
- Secondly, you can approach the authorities of the country in which you are currently residing. You can ask them to make a request to Interpol to have your name removed from the organisation’s databases. It’s important to understand that you will need the support of a solicitor, as the process can be persuasive and complex. A simple appeal might not yield the desired results, so having legal representation familiar with international law and Interpol procedures will be extremely beneficial.
- The third option is to directly approach the Commission for the Control of INTERPOL’s Files (CCF) with a request to consider removing your information. Please note that your letter must adhere to the acceptability standards set by INTERPOL. It’s crucial to meticulously follow the instructions and provide all necessary documents that support your case. The CCF reviews applications and has the authority to determine whether there are grounds for removing information from INTERPOL’s databases.
It’s important to remember that Interpol’s rules and procedures are quite complex. The process of removing notices about the dissemination of information can take a long time and will require considerable effort. Therefore, the best course of action would be to consult a lawyer who has experience in challenging Interpol diffusions. Such a specialist can offer you a strategy and assist with all the legal nuances, which will increase your chances of successfully resolving the situation. Each case is unique, and it’s crucial to understand that having professional support can significantly ease the process of removing your information from Interpol’s files.
How to check if Diffusion is issued against me?
It’s important to emphasise that neither a red notice nor a diffusion should be considered as a full-fledged international arrest warrant. The decision on whether to take action against you in another Interpol member state remains at the discretion of the local law enforcement authorities and depends on the agreements between the relevant countries.
One of the key issues is the fact that Interpol’s notifications regarding the dissemination of information are never published on the organisation’s official website. Instead, they are directed at specific member states, rather than the entire international Interpol network.
One of the most effective ways to find out if there is a diffusion against you is to submit a request to the so-called Commission for the Control of INTERPOL’s Files (CCF). This commission deals with issues related to privacy and data protection and can provide information on whether a notice of information dissemination has been registered against you. To interact with the CCF, you will need to prepare an official letter of request, in which you should clearly state your objectives and reasons for reaching out. You will need to provide your personal details, such as full name, date of birth, and any other information that could assist the CCF in processing your request.
If you suspect that your name might be registered under such a notice, start by clarifying the situation through the CCF and keep in touch with a qualified solicitor who can assist you with legal matters and provide up-to-date information on your situation. Being informed about your rights and the actions available to you is the first and extremely important step towards protecting your name and reputation.
Which of our lawyers work with INTERPOL Diffusions?
Dmytro Konovalenko, is a lawyer with many years of experience in dealing with the Interpol Diiffusions and Red Notices. Dmytro has successfully challenged diffusion for clients from Europe, Asia, the Far East.
Anatoliy Yarovyi, lawyer, Doctor of Laws. Anatoliy specializes in appeals against INTERPOL Red Notices and Diffusion requests.
Legal Support by Interpol Laywers
The primary objective of Interpol is to coordinate and facilitate cooperation among law enforcement agencies from different countries, with legal support within these processes also gaining significant importance. Lawyers for Interpol Red Notices provide:
- Consultation for individuals who may find themselves in a complex legal situation. We interpret the laws and provide advice regarding the best course of action.
- Preparing procedural documentation: this can include applications, complaints, and other important papers that must be drafted in accordance with both international and national legislation requirements. Proper document formatting helps to avoid rejections and speeds up the process.
- Representation in legal proceedings: In the event that a case goes to court, Interpol’s lawyers can represent their clients’ interests in courts across various countries.
Complex legal issues related to Interpol’s operations require a professional approach and a clear understanding of both international and local norms. Seeking assistance with an Interpol Red Notice, our solicitors are familiar with the nuances of Interpol’s work and will help you not only protect your rights but also successfully tackle legal challenges. Contact us today to receive the necessary legal support!
