Until recently, submitting a request to the Commission for the Control of INTERPOL’s Files (CCF) was relatively straightforward. A lawyer, or the applicant personally, prepared the request, attached the supporting documents and sent the materials to the Commission by email. That procedure has now changed.

Email Is No Longer the Standard Method of Filing

The CCF has introduced a dedicated online portal for the submission of requests. New applications for access to data, correction or deletion of data, and requests for revision are now filed through that portal. Ordinary email is no longer the standard filing method and may be used only in exceptional circumstances accepted by the Commission. At first sight, this may appear to be no more than a technical change. In practice, its consequences are considerably broader.

A Strong Written Submission Is No Longer Enough

Before filing a request, the applicant must create an account on the CCF Portal. During registration, the applicant must specify the capacity in which the request is being submitted.

·       in the applicant’s own name;

·       as a lawyer or other authorised representative;

·       as a legal representative; or

·       in another capacity recognised by the applicable procedure.

Depending on the status selected, the portal generates the sections that must be completed and identifies the documents that must accompany the request. For example, where a request is filed through a representative, properly executed evidence of authority will be required.

The Procedure Has Become More Formalised

Previously, the substance of the written request was often the principal focus. Today, compliance with procedural requirements is also critical.

·       creating the account correctly;

·       identifying the applicant’s procedural status;

·       completing all mandatory sections;

·       uploading documents in the required format; and

·       properly documenting the representative’s authority.

Errors made at the filing stage may significantly complicate the subsequent examination of the case.

What Does This Mean for Applicants?

In my view, the creation of an online portal is a logical stage in the development of the Commission’s work. The number of applications to the CCF continues to increase, and the digitalisation of the procedure was therefore only a matter of time. At the same time, the standard expected of applicants and their supporting materials has become higher. A persuasive legal position remains essential, but it must now be presented through the correct procedural channel and in full compliance with the portal’s requirements.

What Does the CCF Portal Change in Practice?

The new filing process has an additional practical effect. Under the previous system, almost anyone could send the Commission an email in any form, including complaints that were emotional, unsupported, irrelevant to the CCF’s mandate or plainly without legal merit. The present system requires the applicant to register, identify their status, complete structured forms and provide the documents required by the procedure. This does not prevent legitimate access to the Commission. It does, however, make it more difficult to submit unfocused or manifestly unsubstantiated complaints that do not engage the Commission’s jurisdiction or contain a coherent legal basis. In that respect, the portal serves the interests of both the Commission and bona fide applicants by directing attention toward properly prepared and legally reasoned requests. Digitalisation also places greater responsibility on the person preparing the case. It is no longer sufficient merely to describe the problem. The applicant must identify the correct grounds for the request, comply with the procedural requirements, document the representative’s authority, organise the supporting evidence and formulate the legal position by reference to INTERPOL’s Constitution and the Rules on the Processing of Data. Preparing a CCF request therefore requires not only knowledge of criminal law, but also a practical understanding of the Commission’s procedure.

Practical Advice

Anyone intending to apply to the CCF without professional assistance should first study the current filing procedure and the formal requirements for supporting documents. Where the matter concerns an international wanted notice, a Red Notice, a diffusion, extradition or another use of INTERPOL’s channels, it is sensible to entrust the preparation of the request to a professional who works regularly with the Commission and understands not only its written rules, but also how those rules operate in practice. In my experience, every detail may matter in this type of case, from the correct creation and classification of the portal filing to the structure and substance of the legal submissions made on the applicant’s behalf.

A Broader Procedural Shift

In recent years, the CCF filing procedure has begun to resemble the electronic court systems used in many jurisdictions. This reflects the Commission’s effort to standardise communication with applicants and their representatives. At the same time, the move to a structured digital process makes careful compliance with procedural requirements especially important from the very beginning of the case.

Commentary by Attorney Dmitry Razmustov