What is a pre-emptive request and what is it for?
A pre-emptive request is a formal application issued to Interpol that seeks to block or prevent a red notice from being issued against an individual.
Red notices are capable of disrupting a person’s life emotionally, professionally, and financially, and are sometimes used in an antagonistic manner by countries who seek to silence or repress (for example) political opponents, journalists, foreign business competitors, or activists. By seeking to submit a pre-emptive request, an individual seeks to protect their rights, reputation, and address allegations before they are potentially published in an Interpol notice.
Who is involved?
Two main parties are involved in the processing of an application:
- The Commission for the Control of Interpol’s Files (CCF)
- The General Secretariat of Interpol
The CCF is the body responsible for receiving and processing a request and the General Secretariat oversees the day-to-day operations of Interpol.
Submitting a request
Interpol’s how to submit a request page includes a link to an application form to access and/or correct/delete data. The contents of the form should be followed in a bespoke application prepared by a solicitor experienced in dealing with Interpol and red notice-related matters who has been granted the power of attorney and can represent the requestor throughout the entirety of the process.
Once the form has been completed, the CCF advises applicants to email it to CCF@Interpol.int and reminds applicants that it will only correspond with one nominated representative. However, it does allow for an application to have multiple representatives from whom it will accept submissions of further information on behalf of an applicant.
How pre-emptive requests are processed
Upon receiving a pre-emptive request, the CCF will forward the submission to the General Secretariat to review and action the request and will also inform the nominated representative requestor of this action.
At this point, the amount of time that may pass before an applicant receives news of an update or an outcome can vary from anywhere between a few months to a year if not longer.
When to file a request
With pre-emptive requests, a sooner-is-better-than-later attitude is encouraged, and research on the matter has revealed several common signs that suggest it may be appropriate to take action:
- Discovering an arrest warrant has been issued and has not sought participation from the accused
- An application from authorities seeking a detention order or suspension of habeas corpus (sometimes called a “restraining measure”)
- If there is a strong suspicion of a criminal case being prepared
What should be included in an application
As mentioned earlier, the forms provided by the CCF are a good starting point. But beyond ticking the boxes in a form, it is important to remember that a good application tells a convincing, evidence-backed story that references Interpol’s own guidelines, constitution, and rules on processing of data and explains how a (red) notice would “violate the organisation’s rules”.
Alongside identification information, the CCF advises applicants to provide “short, clear, and precise arguments”, ensure the statement of fact not exceed ten pages, and uses one of Interpol’s official languages (English, Arabic, Spanish, French).
Preparing a strong argument
When preparing a legal argument or defence, it is important to ensure that the argument put forth can prove how a red notice would violate:
- Article 2 of Interpol’s Constitution – operating “in the spirit of the ‘Universal Declaration of Human Rights’”
- Article 3 of Interpol’s Constitution: undertaking activities of a “political, military, religious, or racial character”.
- Article 83 of Interpol’s Rules on the Processing of Data, which sets the specific conditions for the publishing of red notices
As Interpol’s guidance is limited, stating only that applicants should “submit all relevant information and corresponding documents in a concise format”, for an optimal outcome it is best to be as detailed with a pre-emptive request as with a red notice removal request.
Known concerns and risks
As the General Secretariat is not obligated to respect the confidentiality of pre-emptive submissions, some legal scholars have raised the concern that confidential information could be shared with governments that may misuse notices – including against the applicant under reviewed by the General Secretariat.
Outcomes
It is important to remember that there is no guarantee of a response or action from the General Secretariat, but from the known outcomes that have been reported, there are at least three outcomes that can be presented:
- A notice is blocked and prevented from being issued
- A notice is deleted if it is discovered to exist and violates Interpol’s rules
- The submission is rejected, due to either Interpol deciding that the notice is justified or because the legal argument and evidence supplied is not sufficiently convincing.
In instances where an application has been rejected, an applicant’s legal representative should seek feedback so as to determine how to prepare a better resubmission.
Key Takeaways
To ensure the best possible outcome for a pre-emptive request, it is critical to have a legal representative with experience dealing with Interpol-related matters, who can maintain communication with Interpol and provide feedback and guidance throughout the entirety of the process. And while a pre-emptive request is not a guarantee of preventing a red notice, it is better to take proactive action rather than none at all.
