INTERPOL Lawyer – Red Notice Removal

About the Firm

Otherside is a law firm specializing in challenging INTERPOL notices including Red Notice removal, founded by an experienced INTERPOL lawyer who served six years as a Legal Officer at the Commission for the Control of INTERPOL’s Files (CCF)—the body responsible for processing requests to delete data from INTERPOL’s files.

This expertise is now channeled into offering specialized services to address the complexities of INTERPOL’s procedures.

Otherside’s approach combines this in-depth expertise with a strong commitment to justice, ensuring that individuals facing unjust INTERPOL notices and diffusions receive tailored assistance.

Our Services

INTERPOL Notice Removal

We specialize in the removal of INTERPOL notices and diffusions, including Red Notice removal, by submitting well-prepared requests before the Commission for the Control of INTERPOL’s Files (CCF). Each case is thoroughly analyzed to identify possible violations of INTERPOL’s rules, ensuring the strongest possible challenge. Through tailored legal strategies, we effectively contest these notices to defend our clients’ rights.

Requests for Access

We assist clients in accessing their data in INTERPOL’s files by submitting requests to the CCF. Our expertise ensures the prevention or mitigation of restrictions imposed by national authorities.

Temporary Blocking of Red Notice

We assist with provisional measures that temporarily block Red Notices, helping safeguard your rights until a final CCF decision. These measures suspend international cooperation on the case, prevent access to your data, and ensure compliance with INTERPOL’s regulations until the final decision is made.

Preventive Measures

Our firm offers strategic advice to prevent Red Notice issuance and mitigate its impact. We assess risks and take proactive steps, leveraging our in-depth understanding of INTERPOL’s criteria and processes.

Applications for Revision

Our services also cover the preparation of applications for revision of CCF decisions. We provide guidance on meeting the eligibility conditions set forth in Article 42 of the CCF Statute, including the integration of newly discovered and pertinent facts into the application.

SLTD and SMV Databases Issues

Our services include addressing inaccuracies in INTERPOL’s Stolen and Lost Travel Documents (SLTD) and Stolen Motor Vehicles (SMV) databases. We particularly specialize in challenging cases where passports are erroneously recorded as stolen, lost, or invalid in the SLTD database due to the misuse of INTERPOL channels by countries.

Legal Support for Law Firms

We offer specialized legal support for law firms managing INTERPOL Red Notice removal and CCF applications through consultancy services and/or subcontracted preparation of applications to the CCF.

Charlie Magri, INTERPOL Lawyer and Former CCF Legal Officer

The Founder

Former INTERPOL Legal Officer | Specialized INTERPOL Lawyer

Otherside was founded by Charlie Magri, a lawyer with extensive expertise in Business Law and INTERPOL-related legal matters. After obtaining his Law degree and a Master’s in Business Law from Université Aix-Marseille, France, Charlie passed the French Bar exam and obtained his Professional Lawyer’s certification in 2017. He then served as a Legal Officer at the Secretariat to the Commission for the Control of INTERPOL’s Files (CCF) from October 2017 to September 2023.

During his time at the CCF, Charlie’s role involved processing requests from individuals seeking the deletion of their data from INTERPOL’s files. This included a thorough review of each request, and the preparation and presentation of written materials for the Commission’s deliberation and decision-making. His work was guided by INTERPOL’s regulations, human rights principles, and international legal standards. This experience has significantly contributed to his in-depth knowledge of the CCF’s jurisprudence equipping him with specialized insight essential for handling INTERPOL’s legal challenges.

Now affiliated with the Marseille Bar in France, Charlie Magri brings his unique experience and expertise to Otherside, offering specialized legal services in challenging INTERPOL notices and defending the rights of individuals affected by them. His ability to manage complex legal issues in both English and French, coupled with his profound understanding of INTERPOL’s decision-making processes makes Otherside a leading choice for those seeking expert legal assistance in INTERPOL-related matters.

Learn About INTERPOL

As a central organization in international law enforcement across 196 member countries, INTERPOL plays a critical role. Nonetheless, its influence and methods have prompted discussions, especially regarding the balance between fostering international police cooperation and ensuring robust safeguards to protect individual rights. Understanding INTERPOL’s rules is critical when challenging an unjust Red Notice or seeking data deletion from INTERPOL’s files.

INTERPOL's Legal Framework

INTERPOL’s Constitution establishes the fundamental rules and principles by which the Organization operates. It defines the structure and roles of each INTERPOL body together with the Organization’s mandate which is primarily to ensure and promote the widest possible mutual assistance between all criminal police authorities, respecting the laws of different countries and the spirit of the Universal Declaration of Human Rights, among other goals. It sets an expectation for INTERPOL to maintain neutrality, clearly avoiding any activities that are political, military, religious, or racial.
The Rules on the Processing of Data (RPD) govern all data processing in the INTERPOL Information System, including that surrounding the publication and circulation of Red Notices. The RPD cover various aspects of data processing, including data collection, storage, access, and dissemination among INTERPOL member countries. The Rules underscore the criticality of ensuring the accuracy, relevance, and safety of the data processed in INTERPOL’s Files.
INTERPOL Notices and Diffusions are tools used by INTERPOL member countries to communicate important information about crimes and suspects internationally. When a country needs to locate and arrest someone with a view towards extradition, it can issue a Red Notice. If a country is looking to gather more information about a person’s identity, whereabouts, or activities in connection with a crime, it might issue a Blue Notice. The process for issuing these notices and diffusions, including the criteria they must meet, is defined in the RPD.

The Commission for the Control of INTERPOL's Files (CCF)

Role of the CCF: The Commission is an independent body, responsible for ensuring that the processing of personal data by INTERPOL complies with the applicable INTERPOL rules. The CCF has a supervisory and an advisory role, and it is responsible for processing requests for access to, and/or deletion of data processed in INTERPOL’s files.
Structure : The CCF is composed of two chambers:
- The Supervisory and Advisory Chamber provides the Organization with advice about any project, operation, set of rules or other matter involving the processing of personal data in the INTERPOL Information System;
- The Requests Chamber has the power to examine and decide on individual requests for access to, or correction and/or deletion of data processed in the INTERPOL Information System. It is also empowered to consider applications for revision of its previous decisions.

Types of INTERPOL Notices

Red Notice

Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. It's based on an arrest warrant or court order from the judicial authorities in the requesting country.

Yellow Notice

A Yellow Notice is an alert to help locate missing persons, often minors, or to identify persons who are unable to identify themselves.

Blue Notice

A Blue Notice is used to collect additional information about a person's identity, location, or activities in relation to a criminal investigation. It's a tool for gathering information on persons of interest in various criminal cases.

Green Notice

A Green Notice serves as a warning about a person's criminal activities where the person is considered a possible threat to public safety. It's used to inform member countries about known criminals and their activities.

Other Notices

There are also Black Notices for seeking information on unidentified bodies, Orange Notices for warning of serious and imminent threats to public safety, and Purple Notices for seeking or providing information on modus operandi, objects, devices, or concealment methods used by criminals.

Our Expertise

Our firm specializes in Red Notice removal through the submission of requests to the Commission for the Control of INTERPOL’s Files (CCF).

Led by an experienced INTERPOL lawyer and former CCF Legal Officer, Otherside draws on in-depth expertise to assist with filing requests for Red Notice removal and data deletion. Our strong understanding of CCF procedures enables us to guide clients through this complex process, ensuring their rights are defended.

Our approach to each case is highly personalized. We conduct detailed analysis, leveraging our deep understanding of INTERPOL’s legal framework and the CCF’s case law, to ensure efficient legal advocacy for each client.

Explore our ethical commitments

Challenging INTERPOL Notices and Diffusions

Here’s how we can assist:

Case evaluation and legal analysis

Our initial step involves a comprehensive evaluation of your situation, focusing on the INTERPOL notice when available, the underlying charges, and any potential violations of the rules. In scenarios where information access is limited, we undertake a thorough review of all available data to craft the most effective strategy. Utilizing our expertise in INTERPOL's legal framework, including the Rules on the Processing of Data (RPD), the INTERPOL’s Constitution, and the Commission for the Control of INTERPOL's Files (CCF) jurisprudence, we identify strong arguments for challenging the notice or diffusion.

Gathering supporting documents and preparing the request

We collect documents in support of your request, such as legal documents, court decisions, evidence of political persecution, or human rights violations to strengthen your case. We then prepare and submit a well-argued request to the CCF aiming to obtain the deletion of the contested data, ensuring that all admissibility criteria are met.

Dedicated advocacy and representation

Acting as your advocate, we represent you in communications and proceedings with INTERPOL and the CCF. We monitor the CCF's decision-making process, keeping you informed about the expected timeframes and any developments. We also provide clear insights into the Commission's role, helping you understand the extent and limitations of its authority.

Specialized areas where our expertise is particularly impactful:

Red Notice publication requirements

Expertise in handling cases lacking the essential criteria for Red Notice publication, such as detailed criminal activity descriptions or required judicial data.

Political character predominance

Our firm holds expertise in the predominance test, essential for cases with political dimensions under Article 3 of INTERPOL's Constitution. This expertise ensures those facing political targeting get dedicated legal support.

Commercial or Private dispute

Managing disputes deemed as commercial or private matters, including financial disputes such as fraud or unfunded checks, by challenging their relevance to INTERPOL's mandate, especially by emphasizing the non-criminal nature of these disputes.

Protective status

Addressing the implications of an applicant's protective status, such as refugee or asylum-seeker status, on the legitimacy and processing of INTERPOL notices, we bring specialized expertise in navigating INTERPOL's refugee policy to ensure that protective statuses are duly considered and respected.

Data accuracy and quality

Addressing inaccuracies in INTERPOL’s databases to ensure compliance with Article 12 of the RPD, which mandates that data be accurate, relevant, and up-to-date.

Lawfulness of the proceedings

Focusing on the scrutiny of national proceedings' alignment with INTERPOL's standards, ensuring each notice upholds principles of justice and adheres to the procedural and legal norms outlined in INTERPOL's rules.

Lack of extradition effort

Addressing cases where extradition actions have not been pursued by the requesting country, evaluating the purpose and intentions behind the notice.

Non bis in idem cases

Specializing in cases related to the non bis in idem principle (double jeopardy), focusing on challenges where this principle could impact the recording in INTERPOL's files.

Parental custody disputes

We possess expertise and thorough knowledge of the Commission's jurisprudence for cases involving child abductions.

Our understanding of INTERPOL's unique legal framework positions Otherside to effectively assist with access, deletion, and revision requests.

Misuses of INTERPOL's Channels

In several cases, concerns have emerged regarding the use of INTERPOL channels for reasons beyond justice, notably for political purposes, which have led to important human rights considerations. Our firm is committed to tackling these challenges.

Political Cases

The practice of some member countries utilizing Red Notices for political aims, instead of legitimate criminal justice purposes, has been a persistent problem. This misuse often targets political opponents, dissidents, and activists, effectively internationalizing domestic political disputes in direct violation of Article 3 of INTERPOL’s Constitution, which strictly forbids any intervention or activities of a political, military, religious, or racial character.

Impact on Human Rights

Individuals impacted by misuse of INTERPOL’s channels may face unjust detention and complex legal battles, adversely affecting their freedom of movement, reputation, and rights to a fair trial and presumption of innocence. Furthermore, the risks of arbitrary detention, along with the possibility of torture or inhumane treatment in some jurisdictions, significantly amplify the violation of individual rights.

”It is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character.
Article 3INTERPOL's Constitution

Legal insights on the misuse of INTERPOL channels

Charlie Magri, expert INTERPOL lawyer at Otherside, specializing in challenging unjust Red Notices and misuse of INTERPOL channels.

Addressing Misuses

At Otherside, we specialize in addressing and contesting such misuses of INTERPOL's channels.

Our expertise lies in handling the complexities of these cases, advocating for the rights of those unjustly targeted, and challenging wrongful Red Notices.

Partnerships

Specialized Legal Support for Law Firms

Charlie Magri serves as Of Counsel for Grossman, Young & Hammond (GYH), a renowned U.S. law firm based in Washington, D.C., internationally recognized for excellence in immigration, international protection, and human rights law.

In this role, Charlie enhances GYH’s ability to address clients’ most complex INTERPOL-related legal challenges through his expertise and insights. His collaboration with GYH’s outstanding team expands the firm’s capacity to deliver effective, tailored solutions for even the most intricate cases.

Visit the GYH website

FAQs on INTERPOL

What is an INTERPOL Red Notice?

Red Notices are issued by the General Secretariat at the request of a member country’s INTERPOL National Central Bureau and are made available for all member countries. This notice is grounded in a valid arrest warrant or judicial decision from the requesting country’s legal authorities. While Red Notices act as global alerts, they do not mandate arrest by member countries, leaving the decision to local law enforcement.

Can INTERPOL arrest individuals under a Red Notice?

INTERPOL itself does not have the authority to arrest individuals. It facilitates international police cooperation by issuing notices like Red Notices. The decision to arrest is made by law enforcement agencies in member countries based on their national laws and the details of the Red Notice.

How can INTERPOL notices be challenged?

INTERPOL notices can be challenged through the Commission for the Control of INTERPOL’s Files (CCF). The process involves submitting a request to the CCF, which then reviews the notice for compliance with INTERPOL’s rules. Legal representation can be crucial in effectively presenting a case to the CCF.

What is the CCF and How Can It Help with Red Notice Removal?

The CCF operates as an autonomous and impartial entity within INTERPOL, tasked with ensuring that the processing of personal data aligns with INTERPOL’s rules and international legal standards. The CCF’s mandate is detailed in its Statute, Operating Rules, and the overarching legal framework of INTERPOL, which includes the organization’s Constitution. It is structured into two main chambers: one for supervisory and advisory functions and another for handling requests related to data access or deletion in the INTERPOL Information System, as well as reviewing applications for revisions.

How does the CCF ensure independence and impartiality?

The CCF maintains its independence and impartiality by operating separately from INTERPOL’s main organizational entities. Its members, elected by the General Assembly for their expertise in international law, data protection, and human rights, contribute in their individual capacities, not as country representatives. This distinction ensures an unbiased approach to data review. Operational rules set in March 2017 and updated in February 2019 mitigate conflict of interest, demanding withdrawal in direct conflict scenarios and the signing of declarations affirming neutrality.

What types of requests can individuals submit to the CCF?

Individuals have the right to submit the following types of requests to the CCF:

Access requests: Seeking information on personal data held in INTERPOL’s databases.
Deletion requests: Asking for the removal of their data recorded in INTERPOL’s files.
Applications for revisions: Requesting a review of CCF’s previous decisions based on new, relevant facts that were not available during the initial review.

Can I find out if I am subject to an INTERPOL Red Notice?

The majority of Red Notices are restricted to law enforcement use only. Extracts of Red Notices are published on the INTERPOL’s public website 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. Individuals can request information from INTERPOL to find out if they are subject to a Red Notice. This can be done by submitting a request to the CCF.

How does a Red Notice affect extradition?

A Red Notice is not an international arrest warrant, but it can lead to extradition if the country where the individual is located agrees to extradite based on its own laws and the extradition treaty with the requesting country.

What are the grounds for deleting an INTERPOL Notice?

An INTERPOL notice may be deleted for various reasons, among them:

Issuance for political, military, religious, or racial reasons, against the principles of Article 3 of INTERPOL’s Constitution.
Violations of human rights, contravening Article 2 of INTERPOL’s Constitution.
Non-compliance with the legal issuance criteria specified in the INTERPOL’s Rules on the Processing of Data.

These are common examples of grounds for deletion reviewed by the Commission for the Control of INTERPOL’s Files.

What are the timeframes for decisions on requests by the CCF?

Access to data: The Requests Chamber must decide on a request for access to data within four months from the date the request is declared admissible.
Correction/deletion of data: For requests regarding the correction and/or deletion of data, the decision must be made within nine months from when the request is deemed admissible.
Extensions: If necessary, the Requests Chamber can extend these timeframes based on the specific circumstances of a request.

Can our CCF experience influence decisions?

While the founder’s prior professional experience within the CCF grants a unique expertise and understanding of the CCF’s jurisprudence and its decision-making process, it in no way bestows any power to influence the CCF’s Secretariat and/or the CCF members, nor the decisions they make. Due to the confidentiality and professional secrecy from the founder’s previous role, we cannot disclose any case-specific or other confidential/sensitive information acquired through or related to the founder’s duties at the Commission. Adhering to rigorous ethical standards, our firm abstains from engaging with cases the founder directly handled at the CCF and avoids any situations where previously acquired knowledge could pose ethical conflicts.