Interpol Application for Revision
The review statement in the context of notices and diffusions serves as an appeal mechanism, allowing for the review and, if necessary, removal of information from Interpol’s database. Thanks to this legal tool, it’s possible to protect the rights of individuals and legal entities, correct any mistakes, or eliminate the chance of unfair application of Interpol notices.
Our team of experienced attorneys provides comprehensive services for filing review applications for the systematic review of Interpol decisions, thereby ensuring fairness, justice, and the protection of human rights.
What is a Red Notice?
Interpol Red Notice is an international request distributed through Interpol channels, aimed at locating, detaining, and temporarily arresting a person sought by national law enforcement agencies or courts.
It’s important to understand that a red notice does not have the legal force of an international arrest warrant. It is merely a request for the exchange of information and coordination of joint actions to detain individuals suspected or accused of crimes. Each country independently decides on the arrest based on its national legislation.
Among the main functions of Red Notice, the following should be highlighted:
- Determining a person’s location: States that have received notification may check databases, stop and question travelers, and detain them if there are appropriate national legal grounds.
- Assistance in detention: Information from the notification is used to make a decision on the temporary arrest of a wanted person pending the receipt of an extradition request.
- Data Exchange: Notifications facilitate the rapid exchange of information between law enforcement agencies of different countries.
A request for a Red Notice is typically made by the law enforcement or judicial authorities of a country that has an active national arrest warrant or court decision for the detention of an individual sought for a serious criminal offense. This also applies to cases where the state believes that the suspect or accused may be outside its territory and seeks to achieve their arrest and subsequent extradition.
The Red Notice contains the following information:
- Identification details of the person sought: full name, date and place of birth, nationality, photograph, distinguishing features;
- Information on the legal basis for the search: a brief description of the crime, the date and place of its commission, and the number of the arrest warrant or court decision.
- Legal details: Information on the relevant articles of the criminal code, references to applicable international agreements, and the practice of extradition.
- Contact Information: Details of the requesting law enforcement agency for establishing direct communication in case of detention.
The prosecutor’s office, investigative body, or court of the country seeking the individual must issue a request for a Red Notice and send it to the National Interpol Bureau.
The NCB reviews materials for compliance with domestic legislation and Interpol criteria, and then forwards a request to the General Secretariat.
Specialists from the Interpol General Secretariat assess requests for their compliance with the organization’s charter and rules. Requests related to political, military, religious, or racial motives are usually rejected.
When a positive decision is made, the General Secretariat issues a red notice in Interpol’s information system, making it accessible to law enforcement agencies of member countries.
Every country that receives a notification independently decides on detention or other measures based on its own legislation. If a person is detained, procedures for temporary arrest and a request for extradition follow.
The process of submitting an application for review
If an Interpol notice has been improperly issued against you or your company, violating your rights, you can submit a review request. This procedure allows you to challenge the decision to issue the notice or demand its cancellation.
Before beginning the review process, it’s recommended to consult with a specialist in international criminal law. An experienced attorney can help assess your chances of success and propose an effective action strategy, assist in gathering evidence and preparing documentation, and draft a statement in accordance with all Interpol and CCF Commission requirements.
Then, it’s necessary to clearly define the grounds for contestation. These can include:
- Political, religious, racial, or military motives prohibited by Interpol’s constitution;
- Insufficient evidence or lack of legal basis for search;
- Violation of human rights principles or international law;
- Technical errors or incorrect data entered in the notification.
It’s critically important to provide the most comprehensive and accurate information possible. Please prepare the following materials: copies of court decisions and arrest warrants, certificates, witness statements, articles, reports from international organizations, and other supporting documents.
To request a review, you must submit an application to the CCF Commission. When preparing your application, provide clear arguments specifying the exact points and provisions of the Interpol charter or international legal standards you are referencing. List and describe all accompanying materials, and clearly state the desired outcome (for example, removal of a notice or correction of data).
Documents are sent directly to the CCF. Submission can be made via email, mail with delivery confirmation, or through your lawyer or a trusted representative.
The Interpol Files Control Commission checks whether a request meets formal requirements, examines the circumstances of the case, and assesses the legal and factual basis of the notification. The CCF may request additional information from you or other parties involved.
The applicant and interested parties are informed about the decision made. If the decision is in your favor, the notification can be removed from Interpol’s databases or adjusted in accordance with identified violations.
If the outcome is positive, you can use the CCF solution to terminate criminal prosecution or mitigate legal consequences in countries where you might have been detained, as well as to challenge other legal actions based on the contested notification.
If the decision turns out to be unfavorable, your lawyer can consider the possibility of reapplying or presenting new evidence.
What are the results of the application for review?
If the CCF determines that a notification contradicts the Constitution and Interpol’s rules or its use does not align with the organization’s objectives, it can be completely removed from the Organization’s systems. Essentially, this frees the applicant from the risk of international search and arrest.
If the Commission finds inaccuracies or outdated information in specific details, but the notification as a whole meets Interpol’s criteria, the CCF may decide to make amendments. This could include correcting factual errors, updating identification information, or clarifying the legal status of the search. Adjustments will help reduce the likelihood of mistaken identification or detention, as well as increase the transparency and relevance of the data.
Sometimes the CCF concludes that a notice meets Interpol’s criteria: there are no signs of politically motivated persecution, international law requirements are met, and the charges are sufficiently substantiated. In this case, the notice remains unchanged, and the individual or organization continues to be listed in Interpol’s databases. This outcome highlights the need for careful preparation and convincing evidence when submitting a request for review.
If the provided materials turn out to be insufficient, the CCF may request additional documents, evidence, or clarifications. This isn’t a final decision but rather an intermediate step. By submitting additional information, the applicant gets a second chance to convince the Commission of the need to cancel or correct the notice.
How long does the Application for Revision process typically take?
The internal preparation stage, including the actual gathering of evidence, consultations with lawyers, and establishing a legal stance, can take anywhere from several weeks to several months. The duration is influenced by the complexity of the case and the need to obtain documents from various jurisdictions.
After all the materials are prepared, the actual submission of the application in Interpol can be accomplished quite quickly (in just a few days), especially thanks to the use of electronic communication channels. However, it’s important to consider potential delays in the processing of correspondence within the organization.
After receiving the application, the CCF conducts a preliminary assessment of its completeness and compliance with formal requirements. This stage usually takes from a few weeks to a couple of months.
If the CCF deems it necessary to request additional information, the time frame may be extended. The time spent on responses depends on the applicant’s promptness and the complexity of the requested data. Often, this can add several weeks to several months to the process.
After gathering all the necessary information, the CCF begins to make a decision. The average time to review a case can range from 6 to 12 months, and in particularly complex or contentious situations, it can take even longer. Recently, due to an increase in the number of applications, the review process can last more than a year.
What are the common reasons for a successful application for revision?
The Interpol Files Control Commission carefully evaluates each request for the review of a notice in terms of its compliance with the organization’s Charter and rules. Practice shows that applications leading to the cancellation or modification of a notice are based on clear and compelling arguments.
Below are the most common reasons why applicants’ requests are often granted:
- Political, religious, racial, or military motive: if it can be proven that the request for an international search is not based on objective legal grounds, Interpol may cancel it.
- Insufficiency or unreliability of evidence: Successful challenges are often based on demonstrating that the materials provided by the requesting party do not meet the minimum standards of proof. If the presumption of innocence is violated or the legal basis is unclear, the Commission may withdraw the notice.
- Improper use of Interpol’s tools: The applicant can point out that the notice does not comply with Interpol’s statutes, which prohibit using the organization for purposes not related to criminal justice. For example, if the notice is used to pressure political opponents or businesses.
- Statute of limitations: if the time since issuance has passed
The case was closed, the court’s decision on the arrest was canceled, or the statute of limitations for criminal prosecution expired, eliminating the basis for the search. - Human rights violations or procedural norms: torture, cruel treatment, death penalty threats, unfair legal proceedings, lack of legal representation, and other procedural errors.
- Mistaken identification: If the applicant can prove that there was a mix-up in personal data or the notification was sent to the wrong person, the Commission may make corrections or completely remove it.
Legal advice in filing an appeal
An improperly formatted request, lack of evidence, or failure to meet formal requirements can significantly reduce the chances of success. That’s exactly why seeking assistance from a qualified lawyer plays a crucial role.
Professionals are well-informed about the factors Interpol considers when making decisions and the standards of evidence that are applied.
A lawyer will help articulate compelling legal grounds, properly prepare and submit documents to avoid additional requests that could delay the review process.
During the initial consultation, our team will thoroughly analyze your case and assess its prospects. Then, our lawyers will gather and prepare all the necessary documents, from legal arguments and witness statements to certificates from independent sources.
We’ll develop a clear action plan, taking into account all aspects of your case, and adapt it as needed throughout the review process. From submitting the application and responding to any additional CCF requests to receiving the final decision — we’ll be by your side, monitoring every step and responding to any changes.
Reaching out to experienced attorneys can help avoid many mistakes and months of unnecessary waiting. A clear, well-argued, and legally sound position significantly increases the chances of success.
Reach out to us right now for an initial consultation and to discuss the next steps for protecting your interests. Our experts are ready to assess your case, develop an effective strategy, and provide comprehensive legal support to increase the chances of a favorable resolution with Interpol.
