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Interpol Abuse. Interpol defense

ABOUT INTERPOL RED NOTICE

A Red Notice is not an international arrest warrant. A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. Factually, in other words, a Red Notice is an ad of member countries' national arrest warrants merely re-designed into the INTERPOL's design.

When an individual is wanted by the requesting member country, or international tribunal, a member country that located wanted person applies their own laws and regulations in deciding whether to arrest and extradite a located person. It means that not in all member countries the person in whose name a Red Notice was issued may be arrested.

The majority of requests are restricted to circulate between law enforcement only - they usually are called "Deffusions". The very Red Notices are usually published at the request of the member country concerned and where the public’s help may be needed to locate an individual or if the individual may pose a threat to public safety. However, Red Noticies are usually subjects for additional requirements and screening.

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ABOUT COMISSION FOR CONTROL OF INTERPOL'S FILES 

The Commission For Control Of INTERPOL's Files (CCF) is an independent body that ensures that all personal data processed through INTERPOL’s channels conforms to the rules of the Organization. In simple words, CCF is an entity with which people might appeal the issuance of a Red Notice on their names.

The Commission has three functions, as defined in INTERPOL’s Constitution: a supervisory role, an advisory role, and a processing role—in which it handles individual’s requests for access to, correction of or deletion of data in the INTERPOL Information System.

The CCF operates within a legal structure defined by its Statute, its Operating Rules, INTERPOL’s rules and applicable international legal standards. The Commission is structured in two chambers, and is supported by the Secretariat for the Commission for the Control of INTERPOL’s files. Its powers are defined by the Statute of the Commission (Article 3).

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ABOUT DEFENSE AGAINST INTERPOL RED NOTICE

A defense against issued Red Notice usually expressed in filing an Application for Revision. This Application must be filed only with the CCF, not (!!!) with INTERPOL itself and may include but not limited by the following reasons in favor of the Red Notice quashing:

  • Incompliance of requirements of Article 3 of INTERPOL’s Constitution that strictly forbids for the INTERPOL to undertake any intervention or activities of a political, military, religious, or racial character. 

  • Lack of purpose of the Red Notice (defiance with Article 82 of INTERPOL’s Constitution) 

  • Human Rights concerns. Specifically, for example, concerns about the fairness of the trial or the treatment of the accused in the requesting country can also be raised as a reason to challenge the INTERPOL criminal notices.

The above-mentioned reasons are perhaps the most frequent however, this list is far from extensive for Red Notice deletion.  

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