Red Notices, INTERPOL, and Diffusions FAQ’S Part 2

Q11. When can I expect a complete response?

The CCF must consult the relevant national central bank to respond to your request. Individuals sometimes have waited up to two years for a response. However, you might get a quicker reply if you show that INTERPOL has information about you (see Q12 below).

Q12. How can I request further information if I know INTERPOL has information about me?

Evidence of INTERPOL Information

Many people already know that INTERPOL has information about them. They may have seen a Red Notice online, been detained and informed it was due to a Red Notice or Diffusion, or been denied a visa or professional license based on this information. If you can prove you know INTERPOL has information about you, the CCF may give you access without needing permission from the NCB.

How to Prove Your Claims

In your request, explain how you know there is information and provide evidence. For example, if you were arrested and given a document stating it was due to an INTERPOL alert, include a copy of that document and explain the situation. Provide a printout of your Red Notice from the INTERPOL website.

For sample language, refer to the Interpol request letter and Information application forms (Model Access Request No. 2). FTI has sometimes received responses as quickly as three months.

Q13. How do I get INTERPOL to delete information about me?

There are three steps to getting your name deleted from INTERPOL‘s files:

1. Request Removal by Issuing CountryRequest the authorities in the country that issued the Red Notice to remove the information. Consult a local attorney to understand the procedures.
2. Request Removal by Your CountryRequest that your country’s authorities remove your name from INTERPOL’s databases. This is rare and typically requires an attorney.
3. Write to the CCFWrite to the CCF and request that your information be deleted. Your letter must follow the admissibility standards outlined in Question 7.

Part 3

Q14. Should I request access before asking for the deletion of information?

Submitting an access request first might prolong the process but can be beneficial. The CCF may provide information that allows you to make more relevant arguments when contesting the data.

Q15. Should I hire a lawyer to write to the CCF?

Hiring a lawyer with experience contesting INTERPOL Red Notices and Diffusions is advisable due to the complexity of INTERPOL’s rules. The Annex to this Advisory Note includes names of law firms with relevant experience. You may submit your request yourself if you cannot afford legal help. Note that INTERPOL does not provide legal assistance, nor are we aware of any country offering legal aid for contesting a Red Notice or Diffusion.

Q16. What regulations govern the CCF?

Several essential guidelines govern the CCF:

1. Article 3 of INTERPOL’s Constitution Article 3 bans the organization from engaging in political, religious, military, or racial activities.
2. Article 2 of INTERPOL’s Constitution mandates that the organization act in accordance with the Universal Declaration of Human Rights.
3. Rules on the Processing of Data (RPD)The CCF’s primary rulebook is the Rules on the Processing of Data (RPD), available on the INTERPOL website. This book includes specific restrictions on Red Notices and Diffusions.

Q17. What arguments can I make under Article 3?

INTERPOL compares a case’s ‘political’ and ‘ordinary-law’ (criminal) aspects to determine which predominates. Emphasize the political components of your case using the following headings based on INTERPOL’s regulations:

Part 4

Nature of the Crime

Discuss your alleged offence and explain how it can be regarded as a political act. Include evidence such as video footage, testimonies, and newspaper articles.

Political Standing

Describe your political standing and relationship with the government that issued the Red Notice. Provide evidence, such as letters from political parties and newspaper articles.

Refugee Status

Indicate if you are a refugee and provide evidence, such as your refugee travel document or a letter from immigration authorities.

Identification of the Data Source

Explain why you believe you are being persecuted for political reasons. Provide evidence from reports by human rights organizations.

Overall Setting of the Case

Include additional information addressing the political aspects of your case, such as previous denied extradition requests deemed political.

Q18. What arguments can I make under Article 2?

Address the following points under Article 2, which requires INTERPOL to consider human rights in disseminating Red Notices and Diffusions:

Freedom of Expression and Assembly

If you are a journalist or political activist barred from speaking freely, present evidence such as letters from nations denying you entry clearance due to the Red Notice/Diffusion.

Danger of Torture

If you face a risk of torture if returned to the country in question, provide evidence from international organizations and courts.

Evidence Acquired Through Torture

Explain if you believe the evidence against you was obtained through torture and provide supporting evidence.

Death Sentence

Mention if you have been sentenced to death or accused of a crime that could lead to the death penalty. Note if you were a minor at the time of the alleged offence.

Q19. What are the most important RPD rules?

The following RPD rules are crucial for contesting a Red Notice or Diffusion:

Conclusion

Not Relevant for International Police Cooperation Purposes

According to Articles 76(2)(b) and 99(2)(c), a Red Notice cannot be in effect if it makes a request with which no other nation could comply. State this if you have been recognized as a refugee and believe no country can send you back.

Not Utilizing Red Notice in Its Intended Manner

Article 82 states that Red Notices are issued to seek the location of a wanted person and their arrest for extradition. Inform the CCF if the country that issued the Red Notice had the opportunity to request your extradition but did not do so or if the government uses the Red Notice to damage your reputation or prevent you from travelling.

Conditions Unique to Red Notices

Article 83 specifies that Red Notices may not be used for offences related to behavioural or cultural norms, administrative law violations, or private disputes.