First of all it should be noted, as rule, all decisions to delete a red notice are decided by the annual sessions of the Commission for the control of INTERPOL files. The Commission typically holds 4 meetings per year, lasting several days, at which it makes decisions on the merits of complaints. In 2024, will be the last 2 annual sessions of the Commission, 129th session scheduled from 24.06.2024 to 28.06.2024 and 129th session which will take place from 14.10.2024 to 18.10.2024.
Nevertheless, there are several reasons why a red notice may be canceled outside of annual sessions of the Commission.
Reason 1: Deletion of data by the decision of the requested country source of data.
Such cases often occur when, during the Commission’s data review process, the country of the data source independently removes the data from the Interpol information system without waiting for the Commission’s final decision. This is always a pleasant surprise for the client, but this situation creates additional risks for the client in the future. In such a case, the applicant receives a letter from the CCF that no more data exists in the interpol information system before the consideration of his complaint is completed. The applicant also receives an Interpol certificate stating that the client is not currently subject to a red notice or diffusion.
- First negative factor: is that in this case the Commission cannot make a decision on the merits and establish the fact that the data does not comply with Interpol rules.
- Second negative factor: is that the source country is not deprived of the right to re-enter the data to the INTERPOL information system regarding the same case or even to change the type of INTERPOL notice.
For example: Our client was the subject of a blue notice in a corruption case. After we submitted a deletion request, the country of data deleted the data from the Interpol information system and the Commission has not made a final decision. Subsequently, the client becomes the subject of a diffusion notice in the same case from the same country. He was arrested and extradition proceedings were initiated. We again filed a request for removal, which allowed the Commission to make a decision on the merits and remove the data from the system due to non-compliance with Interpol rules and standards.
What are the ways to minimize risks in such situations?
After the Commission notifies you that the data has been deleted at the request of the country source data, we recommend that you take several steps:
- First step: Draft and submit the pre-emptive request to the CCF that processing of future data would violate INTERPOL’s rules.
- Second step: Draft and submit to the CCF requester for access to data to get information about any changes in the system.
Reason 2: Delegate powers to make decisions in between sessions of CCF
Commission for the Control of INTERPOL’s Files (the Commission), may delegate powers to the Rapporteur of the Requests Chamber on the basis of Article 17 of the Statute of the Commission to take decisions in between sessions.
For example: We filed a complaint against an Interpol red notice in respect of a client who had been granted refugee status. After confirming the status from the country of asylum, the Commission applied the procedure provided for in Article 17 of the Commission’s Charter and decided to delete the data between the Commission’s sessions. All in all, the all procedure term of data deletion on this with this procedure took only 3 months.
The consequences of this decision: Such a decision shall have the same legal effect as a decision of the Commission adopted at a regular meeting of the session.
