Knowing how to remove an INTERPOL Green Notice is critical for individuals affected by these alerts. INTERPOL’s Green Notices are issued to alert law enforcement agencies about individuals who may pose a public safety risk. Unlike Red Notices, which facilitate arrest and extradition, Green Notices serve as warnings based on past criminal activity or law enforcement risk assessments. While they do not have the same direct legal consequences as Red Notices, they can still raise concerns during border crossings, visa applications, or background checks.
Because the criteria for issuing a Green Notice are less stringent than for a Red Notice, they are more difficult to challenge. However, a recent decision by the Commission for the Control of INTERPOL’s Files (CCF) sheds light on how these notices are assessed and the key legal arguments that may be used to seek their removal.
What Is an INTERPOL Green Notice?
A Green Notice is issued to alert law enforcement agencies worldwide about individuals who may pose a public safety risk. These notices are often based on prior criminal convictions, law enforcement assessments, or intelligence reports. Unlike Red Notices, Green Notices do not require an arrest warrant or an extraditable offense. Instead, they serve as precautionary measures that inform authorities of potential threats.
Under Article 89 of INTERPOL’s Rules on the Processing of Data (RPD), a Green Notice may only be issued if:
- The individual is considered a possible threat to public safety.
- The notice is based on a previous criminal conviction or other reasonable grounds.
- The request originates from a national law enforcement authority or an international entity.
- The data provided is sufficient to justify the warning and is not excessive in relation to its purpose (Article 12 RPD).
Because Green Notices are issued based on risk assessments rather than active criminal proceedings, they are more resistant to legal challenges. However, INTERPOL’s legal framework still imposes specific requirements that must be met for a Green Notice to be valid.
Can You Challenge an INTERPOL Green Notice?
Challenging a Green Notice is complex, as the CCF gives significant weight to the assessments made by National Central Bureaus (NCBs). However, a recent CCF decision highlights key factors that may determine whether a Green Notice can be removed.
Proportionality and Purpose of the Notice
One of the main arguments for challenging a Green Notice is that it no longer serves a valid law enforcement purpose. The CCF assesses whether the notice remains relevant and necessary for public safety.
In this case, the applicant argued that he had not committed any offenses since 2015 and had been leading a law-abiding life. He claimed the notice was outdated and had a disproportionate impact on his ability to travel.
The CCF rejected this argument, emphasizing that the applicant had multiple past convictions and had been arrested in another country after the notice was issued. The Commission ruled that the NCB had provided sufficient justification for retaining the notice, as the applicant’s criminal history supported a continuing law enforcement interest.
This decision reinforces that proportionality arguments alone are unlikely to succeed unless there is strong evidence that the notice is outdated or no longer relevant to public safety concerns.
Compliance with Domestic Law
While the CCF upheld the validity of the notice, it reiterated an important safeguard: requiring the NCB to confirm that the notice remained lawful under the country’s domestic legal framework.
INTERPOL’s rules mandate that all notices must comply with the national laws of the issuing country. If an NCB fails to confirm that the notice remains valid under domestic law, the CCF may order its deletion.
This means that one of the compelling argument for challenging a Green Notice is demonstrating that it is not authorized under the issuing country’s laws. If the NCB cannot provide such confirmation, the notice may be removed from INTERPOL’s system.
What This Means for Individuals Facing a Green Notice
This decision highlights the challenges of challenging Green Notices while providing insights into successful legal strategies.
- Time alone is not enough to invalidate a Green Notice. If the NCB argues that the individual still poses a public safety risk, the CCF is unlikely to remove the notice based solely on the passage of time.
- Legal compliance matters. If a Green Notice is being challenged, one strong arguments is that it is not authorized under the issuing country’s laws.
- Proving a lack of ongoing risk is critical. Simply arguing that the notice is outdated is not sufficient. Successful challenges must provide concrete evidence that the individual no longer poses a public safety threat.
Need Help Challenging an INTERPOL Green Notice?
If you or a client is subject to a Green Notice, developing a strong legal strategy is essential. Green Notices are harder to challenge than Red Notices because they are based on law enforcement assessments rather than extraditable charges. However, successful challenges are possible when the right legal and factual arguments are presented.
Contact us today to learn how we can assist you in challenging an INTERPOL Green Notice.
