INTERPOL-Measures

Options of individual legal protection and compatibility of the INTERPOL-system with the ECHR

Abstract

In the press, one often hears of people who are wanted worldwide with an "international arrest warrant". This colloquial term usually means a so-called "Red Notice" from INTERPOL, which, as will be shown, is not an actual, binding arrest warrant. However, if one considers the intensity of interference that this measure can sometimes have for those affected, it is quite comparable and possibly even more far-reaching due to the almost worldwide use of the INTERPOL system by the national authorities. While persons wanted with a national arrest warrant have various legal remedies and legal action against it, the attempt to subject a "Red Notice" to a judicial review and possibly to eliminate unjustified consequences that interfere with human rights is much more difficult for those affected. As this article will show, it is even impossible affected persons to take effective action directly against a "Red Notice" and behavior of INTERPOL in the event of a possible violation of their human rights. In this context, it is examined in more detail which problems and obstacles lead to this result, but also what options remain for those affected. A special focus is placed on the guarantees of the ECHR and the compatibility of the INTERPOL system with it.