Interpol Preventive Requests

The International Criminal Police Organization facilitates the exchange of information between countries about crimes and suspects. One of the key functions of Interpol is issuing red notices, which can lead to the temporary arrest and subsequent extradition of individuals.

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A preventive request is a proactive step aimed at providing Interpol with justifying or clarifying information before the organization makes a final decision on implementing adverse measures. A successful preventive request can prevent the issuance, publication, and distribution. Red notice and diffusion, which will help avoid reputational damage, travel restrictions, and potential legal risks.

Procedure for Submitting a Preemptive Request to Interpol

A preventive request is an appeal to Interpol aimed at preventing the issuance of an unjustified or unlawful notice of search.

An individual who fears that government bodies or other interested parties might use the Interpol system to pursue them for political, religious, or other illegitimate reasons not related to objective criminal law criteria can submit such a request.

The main purpose of this communication is to inform Interpol in advance about the potential misuse of its mechanisms. A preventive request allows for the provision of preliminary information and evidence indicating that a possible future request for an international search will constitute unjust persecution.

Thus, Interpol has the opportunity to study the situation before considering an official notification of a search from member countries.

Before submitting documents to Interpol, we recommend consulting with an experienced attorney specializing in international criminal law. They will assess the prospects, prepare the evidence, and provide professional advice on the content of the request.

Next, it’s necessary to gather and prepare all supporting materials that indicate the unlawful nature of a potential search request: court decisions, expert opinions, media publications, and more. The request should also include the biographical information of the individual: passport details, contact information, a description of their activities, and the circumstances under which there might be a risk of persecution.

The request must be supported with legal arguments: references to international treaties, the Interpol Constitution, and other regulatory documents that confirm a violation of rights or non-compliance with the principles of the Organization.

A preventive request is made in writing in the official working language of Interpol (English, French, Spanish, and Arabic). It’s important in the document to clearly present the facts, identify the potential source of threat (for example, governmental bodies of a certain country), and provide reasons why the future request should be considered non-compliant with Interpol’s rules.

The prepared appeal is sent through Interpol’s official channels or via intermediaries who are authorized representatives with experience in interacting with the Interpol Files Control Commission.

After receiving a request, Interpol or the CCF may ask for additional information or clarifications. It’s important to respond to such requests promptly and thoroughly. If the applicant’s arguments are deemed valid, Interpol will consider the provided information when reviewing any notices concerning the individual in question.

Submitting a preventive request doesn’t automatically guarantee that Interpol will refuse to consider future notices, but it significantly increases the likelihood that such notices will undergo a more thorough review to ensure they comply with the organization’s rules.

Legal Advice in Making an Interpol Request

Proper documentation, persuasive argumentation, and timely presentation of evidence largely determine the success of this process. In this situation, an experienced lawyer becomes your key ally.

Lawyers specializing in international criminal law are well-versed in Interpol’s regulations and the requirements for such applications. This ensures precise compliance with formal criteria, minimizing the risk of rejection or delays in processing.

A lawyer will help establish a compelling legal position, prepare the evidence, and convincingly present arguments that indicate the illegitimate nature of a potential search. A qualified professional will select the optimal defense strategy considering all case circumstances and potential risks, and will also promptly respond to Interpol’s inquiries and comments.

Our lawyers will analyze your situation, determine if there is a need for a preemptive inquiry, and assess the chances of its successful consideration.

We’ll help gather all the necessary evidence—from proof of politically motivated persecution to references to relevant legal standards. Drawing on our experience and deep knowledge of international law, we’ll identify the best tactics and help adapt your materials for maximum persuasiveness.

After submitting the request, we will track its status and, if necessary, further communicate with Interpol or prepare counterarguments in case any questions arise.

The Possible Results of a Preventive Request

The outcomes of a preventative inquiry can vary depending on the argumentation, evidence provided, and the decisions of the competent Interpol bodies.

Enhanced scrutiny for potential notifications. Upon approval of a preventative request, Interpol will pay increased attention to any future notifications coming from countries about which the applicant has expressed concerns. This could lead to a more thorough examination of the grounds for the search and prevent automatic publication of the notification.

Preventing the issuance of a red notice. If the applicant’s arguments are deemed convincing, Interpol may reject subsequent requests for issuing a notice. A preemptive request will help avoid the wrongful declaration of an individual as internationally wanted.

Requests for Additional Information. Interpol may request the applicant or their representatives to provide additional materials that clarify the nature of the concerns. Through constructive dialogue and timely submission of accurate information, the applicant’s positions can be strengthened.

Denial. In certain cases, Interpol may not consider a preventative request as a sufficient basis for special monitoring if the argument is not convincing or the provided materials do not substantiate the risk of unlawful search. As a result, future notifications will be processed in the usual manner.

Contact Us Today to Make Interpol Request

We have many years of experience working with international law and Interpol matters, including preparing preventive inquiries. Our Interpol’s lawyers understand the importance of protecting your personal information and strictly adhere to all privacy standards. We act as swiftly as possible to minimize risks and expedite the request submission process.

Contact us right now for an initial consultation and professional legal assistance. A preemptive inquiry is your chance to protect your freedom and avoid unwarranted restrictions.

Iryna Berenstein
Associated Partner
Mrs. Berenstein is a distinguished and outstanding lawyer with profound experience and exceptional legal knowledge in the field of International Private Law, Financial Law, Corporate Law, investment regulation, Compliance, Data Protection, and Reputation Management.

FAQ

Who can submit a preemptive request to Interpol?
Any individual or their legal representative can submit a preventive request to Interpol if there's reason to believe that their information might be entered into the Interpol database. Additionally, lawyers specializing in international law can also initiate such requests to protect their clients' interests and prevent the misuse of the Interpol system.
In what cases might a preventive request be necessary?
A preventive inquiry might be necessary if there's a chance that an individual could be wrongfully placed on international wanted lists due to political, religious, ethnic, or other illegitimate reasons. This request is also relevant if you're facing criminal charges in another country that you believe are unfounded. Another possible scenario is wanting to ensure that your status in the Interpol database doesn't hinder international travel.
Can a preemptive request lead to the removal of an already issued Interpol notice?
A preventive request to Interpol primarily aims to verify information, not to remove existing notices. If a Red Notice has already been issued, a separate procedure is required for its removal or dispute – filing a complaint with the Commission for the Control of Interpol's Files (CCF). However, if the inquiry reveals that the notice was issued in violation of Interpol's rules or the organization's constitution, you can initiate an appeal process through the CCF to seek the removal of the notice.