INTERPOL Red Notices are crucial instruments that facilitate police cooperation across borders. However, their misuse can sometimes place innocent individuals in delicate situations, notably threatening their freedom and reputation. At Otherside, a law firm specializing in defending against INTERPOL notices, we understand the unique challenges posed by these Red Notices. Here is a simplified guide for those looking to challenge and request the removal of an INTERPOL Red Notice.
Understanding Red Notices
Red Notice are requests to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. Although they are not international arrest warrants, their impact on the lives of those concerned is significant, severely limiting freedom of movement and potentially harming their reputation.
The Commission for the Control of INTERPOL’s Files (CCF)
The CCF plays a crucial role in the process of challenging INTERPOL notices. As an independent control body, the CCF ensures that INTERPOL’s data processing complies with its rules. The Requests Chamber of the CCF is particularly competent in reviewing individual requests, including requests for access, correction, or deletion of data. It can also review its past decisions.
Steps to challenge an INTERPOL Red Notice
- Submit a request: File a detailed request for deletion before the CCF, explaining why the notice is not compliant with INTERPOL’s rules. Ensure you include all relevant and specific details about your case to strengthen your request.
- Legal argument: Formulate a clear legal argument demonstrating that the notice does not comply with INTERPOL’s rules. Specifically, cite the articles of INTERPOL’s Constitution and/or the Rules on the Processing of Data (RPD) that the notice violates. You may also refer to the CCF’s jurisprudence using similar cases reviewed by the CCF to provide a precedent for your case.
- Provide supporting documents: Strengthen your case with supporting documents for your request, such as copies of court decisions in your favor, expert opinions supporting your arguments, etc.
Tips for success
- Seek expertise: Navigating INTERPOL’s procedures requires specialized legal knowledge. Competent lawyers can greatly improve the chances of a favorable decision.
- Prepare thoroughly: A case well-prepared with supporting documents and a strong legal foundation is more likely to succeed.
- Know the process: Familiarity with the CCF’s review process and applicable case law can make your challenge more effective.
How Otherside contributes
At Otherside, we have an in-depth understanding of INTERPOL’s rules and the Commission’s jurisprudence, which allows for the development of strong files. Our specific expertise in this area enables us to offer tailored strategic advice and effective legal representation to challenge Red Notices.
