Interpol Red Notice Case Study Political Factors

The Commission for the Control of INTERPOL’s files (CCF) is responsible for ensuring that the processing of data in INTERPOL’s files meets the organisation’s applicable legal requirements. We present a summary of a case in which the CCF reviewed a request to delete an INTERPOL Red Notice.

 

The Facts

  • The Applicant is a national of Country A and Country C.
  • He was the head of a company, and was also elected into a political position at a local election in Country A, for the opposition party of Mr Y.
  • An arrest warrant was issued for the applicant by Country A.
  • Country B’s authorities received the request for extradition from Country A through Diplomatic channels.
  • The applicant was arrested in Country B. He was later released on bail and had to fulfil weekly obligations.

 

The Applicant’s Request

The Applicant requested the deletion of the INTERPOL Red Notice and data concerning him, contending that:

  • There were some irregularities in the proceedings;
  • The case was of a predominantly political character.

 

Matters of Political Character

Article 3 of INTERPOL’s Constitution states that “[i]t is strictly forbidden for the Organization to undertake any intervention or activities of a political (…) character.”

 

The Commission’s Findings

The Commission found that:

  • The information provided by the Applicant did not signify a clear denial of justice, and concluded that the processing of data concerning the applicant was compliant with INTERPOL’s Constitution.
  • The acts the applicant was accused of were not committed in his capacity as an elected official but in that of head of a company. Information provided by INTERPOL’s National Central Bureau (NCB) of Country A highlighted the possible abuse of this position to obtain personal gain. Therefore, the information provided by the applicant did not sufficiently establish that political elements were predominant over ordinary criminal law elements.

 

The Result

The Commission decided that:

  • The data challenged were compliant with INTERPOL’s rules applicable to the processing of personal data, subject to the following update of the Applicant’s file:
    • Should Country B’s authorities deny extradition of the Applicant to Country A, it should be reported in INTERPOL’s files.

Nyman Gibson Miralis are experienced in having INTERPOL Red Notices successfully removed.

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