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INTERPOL Diffusions (and How They Differ from Red Notices)

Our Lawyers Represent Individuals Who Are Subject to INTERPOL Diffusions and Notices

Law enforcement agencies in INTERPOL member states can use diffusions to exchange information and coordinate international cooperation. While diffusions are not subject to INTERPOL’s approval, they appear in the INTERPOL system, and being named in a diffusion can have serious legal and practical implications. Our lawyers represent individuals who are being targeted by local police authorities and national police authorities in the U.S. and abroad, and we seek removal of diffusions from INTERPOL databases when possible.

Dr. Nick Oberheiden
Attorney Nick OberheidenInternational Litigation Team Lead

A diffusion is an international alert issued by an INTERPOL member country. Although they differ from the colour-coded notices issued by the INTERPOL General Secretariat in many respects, they can pose many of the same risks for targeted individuals.

While member countries can issue diffusions directly, INTERPOL monitors diffusion requests, and diffusions are subject to challenge under INTERPOL’s constitution and rules. For example, if one member country issues a diffusion to another involving an alleged crime of a racial character or that is politically motivated, the diffusion can be challenged before the Commission for the Control of INTERPOL’s Files (CCF).

INTERPOL Red Notices vs. INTERPOL Diffusions

INTERPOL Red Notices and diffusions are different tools that are often used for similar purposes, though diffusions can be used for additional purposes as well. An INTERPOL member country can request a Red Notice when it is seeking to execute an arrest warrant through extradition. While INTERPOL conducts initial compliance checks upon receiving a request for a Red Notice, Red Notices are routinely issued, and member countries monitor Red Notices so that they can provisionally arrest subject individuals pending extradition.

In contrast, an INTERPOL diffusion is a direct communication between member countries using INTERPOL’s channels. A diffusion will generally have a particular focus, such as requesting information or seeking coordination for cross-border law enforcement efforts. They allow international entities to coordinate through the INTERPOL information system, and they can ultimately lead to targeted individuals facing prosecution in a member country or before the International Criminal Court (ICC).

Understanding Other INTERPOL Notices and Their Implications

Along with Red Notices, INTERPOL manages a series of other colour-coded notices that member countries can use to request assistance from or share information with one another. There are a total of eight types of INTERPOL notices. Along with Red Notices, INTERPOL’s rules provide for the issuance of the following notices in appropriate circumstances:

Black Notice

An INTERPOL Black Notice is used, “[t]o seek information on unidentified bodies.”

Blue Notice

An INTERPOL Blue Notice is used, “[t]o collect additional information about a person’s identity, location or activities in relation to a criminal investigation.”

Green Notice

An INTERPOL Green Notice is used, “[t]o provide warning about a person’s criminal activities, where the person is considered to be a possible threat to public safety.”

Orange Notice

An INTERPOL Orange Notice is used, “[t]o warn of an event, a person, an object or a process representing a serious and imminent threat to public safety.”

Purple Notice

An INTERPOL Purple Notice is used, “[t]o seek or provide information on modus operandi, objects, devices and concealment methods used by criminals.”

Silver Notice

An INTERPOL Silver Notice is used, “[t]o identify and trace criminal assets.” Silver Notices are currently in a pilot phase with INTERPOL.

Yellow Notice

An INTERPOL Yellow Notice (or Public Safety Yellow Notice) is used, “[t]o help locate missing persons, often minors, or to help identify persons who are unable to identify themselves.”

While member countries can issue diffusions directly, a member country’s INTERPOL National Central Bureau (NCB) must request a notice from INTERPOL’s General Secretariat. Provided that the requesting country’s NCB complies with INTERPOL’s constitution and rules in submitting its request, the General Secretariat will issue the requested notice promptly in most cases.

How Our Lawyers Can Help if You Are the Subject of an INTERPOL Diffusion

If you are the subject of a diffusion issued by a country in the INTERPOL network, there are several ways our International criminal defense lawyers can help you. These include (but are not limited to):

1. Communicating with the Relevant INTERPOL Member Countries’ Law Enforcement Authorities

In many cases, the legal consequences of facing a diffusion are similar to those of being named in a Red Notice. This means that they can lead to detention, extradition, and ultimately criminal prosecution. Our lawyers can communicate with the relevant INTERPOL member countries’ law enforcement authorities on your behalf, and we can work to secure a resolution that protects you from these consequences.

2. Seeking Deletion of Your Diffusion Data from the Commission for the Control of INTERPOL’s Files (CCF)

Our lawyers can also determine if you are eligible to seek to have your diffusion data deleted from INTERPOL’s systems. This is done through the Commission for the Control of INTERPOL’s Files (CCF), and the CCF typically processes removal requests in six to twelve months. The CCF receives hundreds of requests to review diffusions each year (it received requests related to 285 diffusions in 2022). Our lawyers will conduct a detailed legal review to determine if you are eligible to submit a removal request; and, if you are, we will prosecute your request on your behalf.

3. Filing a Request for Revision with the CCF if Necessary

If you have already submitted a request for removal and had your request denied by the CCF, our lawyers can determine if you are eligible to file a request for revision. A request for revision must be based on newly discovered evidence or new facts, must be prepared in one of INTERPOL’s working languages, and must be filed within six months of discovering the grounds to file.

4. Advising You Regarding International Travel, Asylum, and Other Matters

Along with providing representation with respect to your diffusion, our lawyers can advise you regarding travel, asylum, and other matters as well. We have in-depth knowledge in these areas, and we can provide advice and strategic recommendations that are tailored to your circumstances at the present time.

5. Defending You in the INTERPOL Member Country’s Investigation or Prosecution

If necessary, we can defend you in the INTERPOL member country’s investigation or prosecution as well. Our defense team includes highly experienced attorneys who have a proven track record of helping clients avoid unnecessary consequences in high-stakes cases. We handle all types of criminal cases, and we can provide defense representation on an emergency basis when necessary.

FAQs: INTERPOL Spotlight – How Member Countries Use Diffusions to Pursue Criminal Cases

Is an INTERPOL diffusion an international arrest warrant?

No, an INTERPOL diffusion is not an international arrest warrant. A diffusion is a request from one INTERPOL member country to another. However, while a diffusion is not an arrest warrant, being named in a diffusion can still potentially lead to detainment, extradition, and criminal prosecution.

Are INTERPOL diffusions used to target international fugitives?

Yes, along with Red Notices, law enforcement agencies in INTERPOL member countries use diffusions to target international fugitives. Being named in a diffusion does not necessarily mean that you are wanted for prosecution, but this is a very real possibility. If you have been named in an INTERPOL diffusion, our lawyers can work to determine why, and then we can advise and represent you accordingly.

How is a diffusion different from an INTERPOL-issued notice?

While an INTERPOL notice is initiated by a member country making a request to INTERPOL’s General Secretariat, member countries can issue diffusions to one another directly. As a result, diffusions are subject to less-stringent requirements than Red Notices; and, while Red Notices are published globally to all INTERPOL member countries, diffusions are sent to selected countries only.

What data is contained in an INTERPOL diffusion?

The data contained in an INTERPOL diffusion generally include identifying information as well as information related to the reason for the request. If you have been named in an INTERPOL diffusion, understanding why will be critical for making informed and strategic decisions about your next steps.

What does it mean if I have a diffusion notice from an INTERPOL member country?

An INTERPOL diffusion can also be used to locate and share information about wanted persons. It can also be used to coordinate cross-border law enforcement efforts and for various other investigative and prosecutorial purposes. As a result, if you are the subject of a diffusion, it will be critical to promptly gain a clear understanding of why the diffusion has been issued. This, in turn, will allow you to determine what you need to do to protect yourself and whether a request for removal is warranted.

Discuss Your INTERPOL Diffusion with a Senior International Defense Lawyer at Oberheiden P.C.

If you have been identified in an INTERPOL diffusion, we encourage you to contact us promptly for more information. We can arrange for you to speak with one of our senior attorneys as soon as possible, and we can provide legal representation on an emergency basis if necessary. Call 888-680-1745 or contact us online now to arrange a confidential consultation at Oberheiden P.C.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources

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