Рішення ККФ Інтерполу

Кожен опублікований Комісією з контролю за файлами Інтерполу уривок з рішення, доступний для пошуку та узагальнений Чарлі Магрі, колишнім юридичним радником CCF та засновником Otherside.

65Опубліковані рішення щодо «
»

9Період, що охоплюється звітом «
»: з 2017 по 2025 рік

31Вилучення: «
»

Об’єкт «червоного повідомлення» чи розшуку? Організація « Otherside » була заснована колишнім юристом Комісії з боротьби з корупцією (CCF), який пропрацював у ній шість років.

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All 65 published CCF decisions

CCF 2025-04 · Homonymy claim and general fair trial concerns · Blue Notice · Maintained. The NCB checked the Applicant's name, nationality and passport and confirmed he is the person charged, so the homonymy claim failed. General country reports were not enough to show an Article 2 violation.
CCF 2025-03 · Purpose, proportionality and lawful retention of a Green Notice · Green Notice · Conditional. Six prior convictions justified the warning and the impact on the Applicant was proportionate. But the NCB did not explicitly confirm that national law authorises the retention, so the data stay only if the NCB confirms this within one month.
CCF 2025-02 · Tax evasion charges against a company branch officer · Red Notice · Deleted. The NCB gave only general statements on the Applicant's role, intent and personal gain. It did not answer his evidence that another person ran the branch and that the licence had in fact been obtained.
CCF 2025-01 · Parental abduction and conflicting custody orders · Red Notice, Yellow Notice · Deleted. Courts in two countries gave conflicting custody rulings, and both parents took part at some stage in proceedings in both countries, so the Commission treated the charge as a family matter under Article 83(1)(a)(i) RPD. The Yellow Notices had no purpose left because the children's location was known and they live in their father's lawful custody.
CCF 2024-05 · Inheritance dispute and a conviction in absentia · Red Notice · Deleted. A six month sentence in a family inheritance dispute, referred to a civil court for the money, raised doubts on seriousness. The NCB never showed how the Applicant was notified or whether he can still obtain a retrial.
CCF 2024-04 · Good faith purchaser of a vehicle reported stolen · SMV · Maintained. The Applicant's claim that he bought the car lawfully at an auction, before the theft report, did not displace the NCB's confirmation that it is still considered stolen and that the search remains valid.
CCF 2024-03 · Revoked passport and claimed political misuse of the SLTD · SLTD · Maintained. The SLTD registration followed a court travel ban and passport cancellation in pending criminal proceedings. General reports on the country's use of the SLTD database were not linked to the Applicant's own case.
CCF 2024-02 · VAT invoice fraud and questions left unanswered · Red Notice · Deleted. The NCB did not answer detailed submissions on torture risk, fair trial and a possible political context, nor the Commission's questions on the Applicant's personal role and benefit.
CCF 2024-01 · Mother and child located only at country level · Blue Notice, Yellow Notice · Maintained. The authorities only knew the child was somewhere in the other country, so the Yellow Notice kept its purpose. The lower threshold for a Blue Notice was met, and the mother's notification complaint failed because, according to the NCB, she had left the country without telling the court.
CCF 2023-11 · Acquittal claim the NCB never verified · Red Notice · Deleted. The NCB said it would ask its judicial authorities to assess the acquittal judgment, then sent nothing despite a reminder. The Commission could not ensure that the data complied with Article 83(2)(b)(v) RPD and ordered deletion.
CCF 2023-10 · Parallel proceedings in the country of nationality · Diffusion · Conditional. The Applicant was extradited to his own country and discharged there, but he had not been tried in either country and no proceedings were transferred, so ne bis in idem was not engaged. The parallel case must be recorded in a caveat.
CCF 2023-09 · Revision based on new foreign judgments · Red Notice · Maintained. Revision admitted, data maintained. The new judgments met the Article 42 test, but there was no transfer of proceedings and no agreement was shown making ne bis in idem apply between the two countries.
CCF 2023-08 · Claimed lawful purchase of a vehicle still reported stolen · SMV · Maintained. The source NCB confirmed that the vehicle is still considered stolen, a criminal case was opened and recovery is pending. The Applicant's account of a lawful purchase did not show that the SMV record was inaccurate.
CCF 2023-07 · Retroactivity claim fails for a continuing offence · Diffusion · Conditional. The Commission accepted that the alleged acts continued after the new law entered into force, so applying it was not retroactive. The Diffusion stays, but Country 2's refusal of extradition must be recorded.
CCF 2023-06 · Green Notice kept after the sentence was served · Green Notice · Maintained. The Applicant said he had served his sentence and that the acts dated back 16 years. The NCB's explanation of his gang membership, conviction and threat to public safety was enough under Article 89 RPD, so the Green Notice stays.
CCF 2023-05 · Extradition refused over human rights risks · Red Notice · Deleted. A court in Country 2 refused extradition over serious risks to the Applicant's fundamental rights, and the NCB of Country 1 did not remove the doubts under Article 2. His refugee status and unclear involvement were aggravating factors.
CCF 2023-04 · Pyramid scheme fraud and claimed political opposition · Red Notice · Maintained. The Applicant's residence document in Country 2 gave no protection against refoulement, and the NCB described his leading role and personal gain in a pyramid scheme in detail. His opposition to Country 1's foreign policy did not make the case political.
CCF 2023-03 · Large scale fraud with an unclear personal role · Diffusion · Deleted. The Diffusion kept a valid purpose even though Country 2 cannot extradite its own nationals. It was deleted because the NCB did not describe the Applicant's own acts precisely or answer his submissions denying knowledge of the crime.
CCF 2023-02 · Discontinued case abroad and an extradition refusal · Red Notice · Conditional. An investigation discontinued in Country 2 was not a final decision on guilt or innocence and the case was never transferred, so ne bis in idem did not apply. The Red Notice stays, with Country 3's extradition refusal recorded.
CCF 2023-01 · Fraud charges without specific dates or detail after extradition refusal · Diffusion · Deleted. A court in Country 2 refused extradition, but the Diffusion kept its purpose because Country 1 had requested his extradition. The data were deleted as the NCB gave no specific dates, no account of how the Applicant influenced a vote and nothing clear on personal gain.
CCF 2019-10 · Conviction in absentia and an assured right to retrial · Diffusion · Maintained. The NCB gave assurances that the Applicant can oppose his conviction in absentia and be retried with a lawyer of his choice, so no likely flagrant denial of a fair trial was shown. A valid Diffusion did not infringe his right to travel.
CCF 2019-09 · State company manager and a claimed political motive · Red Notice · Maintained. The Applicant was a high-level manager, not a politician, and did not show how his link to the former administration made him a target. The Commission found sufficient elements of possible criminal offences and treated minor inaccuracies as insignificant.
CCF 2019-08 · Revision based on a settlement with the victim company · Red Notice · Maintained. Revision admitted, data maintained. The settlement, made without admission of liability, did not show the data were inaccurate, and despite doubts on seriousness, international police cooperation was not shown to be seriously obstructed.
CCF 2019-07 · Petty theft conviction too minor for a Red Notice · Red Notice · Deleted. An earlier refusal of extradition did not end the purpose of the Red Notice request, and the NCB linked the Applicant to the offence. But the theft of mobile phones and an identity card was a petty crime that did not meet Articles 35 and 83 RPD.
CCF 2019-06 · Revision after a refusal of mutual legal assistance · Red Notice · Deleted. Revision was admitted after another country refused mutual legal assistance, citing fair trial risks and incoherencies in the charges. Together with earlier doubts, this raised serious Article 2 concerns. Earlier decisions in two other countries added serious concerns about the charges and the Applicant's participation, and the data were deleted.
CCF 2019-05 · Extradition refused on health grounds · Red Notice · Deleted. A court refused extradition under a European Arrest Warrant in light of the Applicant's medical condition. As transfer could cause him irreparable and life-threatening harm, the Commission had serious doubts that the data could still serve a valid purpose in the spirit of the UDHR.
CCF 2019-04 · Passport revocation with no legal basis shown · SLTD · Deleted. The law the NCB cited for revoking the Applicant's passport concerned only its issuance, and the NCB never sent the revocation decision or the arrest warrant despite several requests. The Commission could not find the SLTD record compliant and ordered deletion.
CCF 2019-03 · Regulated sector offences with a commercial background · Red Notice · Conditional. Where the NCB showed possible criminal intent, offences in a highly regulated sector were criminal despite their commercial background, and a refusal to extradite an accomplice did not defeat the purpose of the Red Notice. The terminated contraband charge must be removed.
CCF 2019-02 · Extradition efforts, health claims and an inaccurate summary · Diffusion · Conditional. The requesting country showed diligent extradition efforts, and the Applicant's health claims did not show a breach of Article 2. The summary of facts must be amended because it did not accurately describe his involvement on one date.
CCF 2019-01 · Unfunded cheque without demonstrated criminal intent · Red Notice · Deleted. The cheque exceeded the monetary threshold, but there were no elements of malicious or fraudulent intent. In this case the mere issue of an unfunded cheque was not a serious ordinary-law crime, and the data were deleted.
CCF 2018-18 · Fraud diffusion kept despite political conflict claim · Diffusion · Maintained. The Commission found the fraud case to be of an ordinary-law character and the NCB's material sufficient to show the Applicant's alleged role. His political and fair trial claims were not substantiated, and the diffusion was kept.
CCF 2018-17 · Court refusal of extradition on human rights grounds · Red Notice · Deleted. A court in another country refused extradition, citing risks to the Applicant's life, of torture and of an unfair trial. With the Commission's interim findings on the political character of the case, the data were found not compliant with Articles 2 and 3.
CCF 2018-16 · Red Notice kept despite known location abroad · Red Notice · Maintained. The Red Notice was kept although the Applicant's location was known and no extradition had been requested from his country of nationality, which does not extradite its citizens. The refusal to transfer the proceedings was not contrary to INTERPOL's rules.
CCF 2018-15 · Revision admitted after a court refused extradition · Red Notice · Deleted. A court decision refusing extradition over risks of torture and an unfair trial was a new fact justifying revision. Upon revision, the Commission found the Red Notice not compliant with Article 2 and ordered its deletion.
CCF 2018-14 · Murder Red Notice request and a non-refoulement risk · Red Notice · Deleted. The Article 3 claim failed, but the Commission drew on UN Human Rights Committee findings on risks to life and of torture. The Commission held that processing the Red Notice request with a view to his extradition to the requesting country would breach Article 2, and the data were deleted.
CCF 2018-13 · Conviction for sums covered by a settlement agreement · Red Notice · Deleted. The sums in the conviction matched those in a settlement agreement stating there were no offences to answer, which raised doubts on criminality. Taken with the political elements of the case, this led the Commission to find the data non-compliant.
CCF 2018-12 · NCB's unjustified refusal to disclose any information · Diffusion · Deleted. The Article 3 claim failed, but the NCB refused all disclosure without a valid reason or counter-balancing measures, which hindered the adversarial procedure. The data are to be deleted unless the NCB justifies its refusal within one month.
CCF 2018-11 · Supply contract price rises and two Blue Notices · Blue Notice · Maintained. Two Applicants challenged Blue Notices over price increases under a state supply contract. They did not show that they were no longer suspects in an ongoing investigation or that their location was known, so the notices were kept.
CCF 2018-10 · Unpublished Blue Notice request used in national proceedings · Blue Notice · Deleted. The NCB sent national judicial authorities a printout of the unpublished request, which was used in a court order for the Applicant's apprehension later cancelled for breach of defence rights. Doubts on the notice's purpose and on his role, with a political dimension, led to deletion.
CCF 2018-09 · Located child and competing custody rulings · Yellow Notice, Red Notice · Deleted. The child's location had been confirmed repeatedly through welfare visits, and the case derived from contradicting custody decisions in two countries. INTERPOL is not the appropriate forum for such disputes, and both notices were deleted.
CCF 2018-08 · Opposition politician implicated by a recanted confession · Red Notice · Deleted. The prosecution appeared to rest mostly on a co-accused's confession, later recanted on the ground that it was extracted under torture. Doubts under Article 2 and strong political elements led the Commission to delete the Red Notice.
CCF 2018-07 · Journalist and former refugee, later naturalised · Red Notice · Deleted. Nothing showed that the situation behind the Applicant's refugee status had ceased. With the NCB refusing all disclosure, no extradition request after his arrest and strong political elements, the data did not comply with Article 3.
CCF 2018-06 · Embezzlement convictions in absentia with retrial assurances · Red Notice · Conditional. Assurances of an appeal or retrial and against the death penalty answered the Applicant's main claims, and no discriminatory element was identified. The Red Notice was kept, with an earlier refusal of extradition to be recorded.
CCF 2018-05 · Elected opposition member charged over his company role · Diffusion · Conditional. The acts he is accused of relate to his role as head of a company, not his elected office, and no flagrant denial of justice was shown. The Diffusion was kept, but any refusal of extradition by Country B must be recorded.
CCF 2018-04 · Business executive, arbitration and the discharge of co-accused · Red Notice · Deleted. The timing of the arrest warrant, issued a day after an arbitral order, was never properly explained, and the Applicant's personal role remained imprecise. Weighing these with a non-final court decision discharging the co-accused tried in Country A, the Commission deleted the data.
CCF 2018-03 · Extradition refused over individual human rights risks · Red Notice · Deleted. Country B's courts refused extradition on specific risks of inhuman treatment and an unfair trial. Combined with doubts on the international interest of an unfunded cheques charge, this led the Commission to find the Red Notice not compliant with Article 2.
CCF 2018-02 · Five unfunded cheque convictions and international cooperation · Red Notice · Maintained. Red Notices for unfunded cheques may not, in most instances, lead to police cooperation abroad. Here five convictions involving important amounts may illustrate a fraudulent scheme, and the court decisions indicated that the Applicant could be tried again in his presence.
CCF 2018-01 · Initial court decision was not an arrest warrant · Red Notice · Deleted. The initial court decision was not an arrest warrant, and the NCB did not provide the key element on the Applicant's intent and influence. Weighing these doubts with the political context and Country B's refusal of the arrest request, the Commission ordered deletion.
CCF 2017-17 · Red Notice kept despite claims of reprisal and unfairness · Red Notice · Conditional. The Commission found that the NCB's elements, including the European Arrest Warrant, indicated the Applicant's possible effective and personal participation. Her human rights claims were not substantiated enough, and the Red Notice was kept subject to an update of her file.
CCF 2017-16 · Red and Yellow Notices deleted in custody dispute · Red Notice, Yellow Notice · Deleted. Courts in two countries had granted custody of the children to different parents, and the Commission could not find the mother's Red Notice compliant with Article 2. The children's location was known, and there were strong elements to consider that the Yellow Notices had reached their purpose.
CCF 2017-15 · Green Notice kept despite religious character claim · Green Notice · Maintained. The Commission found the offence to be of a common law character and the NCB's information sufficient under Article 89 RPD to show the Applicant remains a threat to public safety. Religious elements were not shown to be predominant.
CCF 2017-14 · Bank loan Red Notice deleted on cumulative doubts · Red Notice · Deleted. The NCB did not provide the key element on the Applicant's intent and influence over the loans, and the initial decision was not an arrest warrant. Given these doubts, a possible political context and another country's refusal to arrest him, the Red Notice was deleted.
CCF 2017-13 · Fraud diffusion and a claimed political persecution · Diffusion · Maintained. The Commission found the charges to be of a common law character, and the Applicant had never held political office. Her claims on evidence, human rights and a private dispute did not succeed, and the diffusion was kept.
CCF 2017-12 · Life sentence in absentia for a former official · Red Notice · Conditional. The acts were facilitated by abuse of official powers but were of a common law character, and the trial in absentia was explained. The Red Notice was kept, subject to recording an extradition refusal and a caveat on the political elements.
CCF 2017-11 · Revision over errors in a Green Notice · Green Notice · Maintained. The NCB acknowledged errors, deleted the earlier Green Notices, issued a new one and updated it after checking his convictions with another NCB. The new Green Notice was found compliant.
CCF 2017-10 · Revision refused, extradition refusal to be recorded · Red Notice · Conditional. The letters relied on described a general context already known to the Commission and gave no new fact about the Applicant, so revision was refused. The Commission confirmed that a court's denial of his extradition must be recorded in the file.
CCF 2017-09 · Charges dismissed in his other country of nationality · Red Notice · Maintained. Country B tried the Applicant on the facts of Country A's extradition request, but Country A never transferred or agreed to the proceedings. The Commission left non bis in idem to the national courts and kept the Red Notice.
CCF 2017-08 · Criminal character of a contract dispute not shown · Red Notice · Deleted. The NCB's answers did not show that the conduct was a criminal offence rather than a private commercial dispute, or give sufficient facts on the Applicant's personal participation. The Red Notice was deleted under Article 83(1)(a)(i) of the RPD.
CCF 2017-07 · Re-examination admitted on new facts · Red Notice · Conditional. New elements met the re-examination test under Article 19 of the Operating Rules, and doubts arose on compliance. Access to the data is to be blocked if the NCB does not provide the required elements within one month.
CCF 2017-06 · Re-examination refused while extradition procedure was ongoing · Red Notice · Maintained. The only new element was a claimed refusal of extradition by Country B. The replies of both NCBs showed the extradition procedure was still in progress, so the conditions for re-examination under Article 19 of the Operating Rules were not met.
CCF 2017-05 · Re-examined case of a political opponent sentenced in absentia · Red Notice · Deleted. On re-examination, the Commission relied on the Applicant's status as a political opponent and on international and national decisions in related cases. It found the political elements predominant and the suits lacking due process, and the data not properly updated.
CCF 2017-04 · Unfunded cheque signed on behalf of a company · Red Notice · Deleted. The cheque was signed for a company under a contract, and the NCB did not explain the circumstances or show that the Applicant knew it could not be honoured or committed fraud. The minimum criteria of Article 83(1)(a)(i) RPD were not met.
CCF 2017-03 · Red Notice kept for a former president's relative · Red Notice · Conditional. The crimes were of a common law character and the NCB gave comprehensive information on a potential abuse of position for personal gain, so political elements were not shown to predominate. Country C's extradition refusal, and Country D's as it appeared from the Applicant's documents, rested on limitation periods rather than a lack of extradition efforts, and Country C's refusal must be recorded.
CCF 2017-02 · Diffusion kept with a caveat on political elements · Diffusion · Conditional. Political elements may surround the case, but the information did not show that they predominate over the ordinary criminal law elements. The Diffusion was kept with a note on the Commission's review, and any denial of extradition by Country B is to be reported.
CCF 2017-01 · Premature Red Notice request during an ongoing investigation · Red Notice · Deleted. Investigations were still in progress and Country A was seeking the Applicant's transfer under a mutual legal assistance treaty, not his extradition. At this stage he had not been charged within the meaning of Article 83(2)(b) RPD, nor was extradition sought as Article 84(2) RPD requires.

Про цю базу даних

Комісія з контролю за файлами Інтерполу

CCF — це незалежний орган, який здійснює нагляд за тим, як Інтерпол обробляє персональні дані. Він розглядає запити від осіб, щодо яких опубліковано «червоне повідомлення», розповсюджено інформацію або інші дані, та видає розпорядження про видалення даних у випадках, коли їхнє зберігання порушує правила Інтерполу.

База даних

Усі 65 оприлюднених CCF у період з 2017 по 2025 рік уривків рішень, кожен із яких містить короткий виклад того, яке рішення ухвалила Комісія та з яких підстав. Можна фільтрувати за результатом, типом даних, правовою підставою чи роком, а також переглядати за темами.

Основні правові підстави

Більшість рішень ґрунтуються на статті 3 (політичний характер), статті 2 (права людини) та статті 83 Конвенції про статус біженців (умови видачі «червоного повідомлення»). Питання щодо справедливого судового розгляду, статусу біженця, принципу «ne bis in idem» та сімейних справ піднімаються регулярно.

Про Otherside

Otherside займається виключно питаннями, що стосуються Інтерполу та CCF: скасуванням «червоних повідомлень», видаленням інформації з баз даних та вжиттям термінових тимчасових заходів.

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3хвилини

17Groundsпройшов відбір

6 роківу складі CCF

Створено Чарлі Магрі, колишнім юристом CCF.

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