{"id":17409,"date":"2019-01-16T12:44:32","date_gmt":"2019-01-16T01:44:32","guid":{"rendered":"https:\/\/ngm.com.au\/?page_id=17409"},"modified":"2021-10-28T19:49:58","modified_gmt":"2021-10-28T08:49:58","slug":"deleting-an-interpol-red-notice-when-political-factors-are-considered","status":"publish","type":"page","link":"https:\/\/ngm.com.au\/fr\/deleting-an-interpol-red-notice-political-factors-considered\/","title":{"rendered":"Deleting an INTERPOL Red Notice: Political factors"},"content":{"rendered":"<div class=\"wpb-content-wrapper\"><div class=\"nolwrap\"><p>[vc_row][vc_column][vc_empty_space][\/vc_column][\/vc_row][vc_row][vc_column][vc_single_image image=\u00a0\u00bb17410&Prime; img_size=\u00a0\u00bbmedium\u00a0\u00bb alignment=\u00a0\u00bbcenter\u00a0\u00bb][\/vc_column][\/vc_row][vc_row][vc_column][vc_empty_space][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text]The Commission for the Control of INTERPOL\u2019s files (CCF) is responsible for ensuring that the processing of data in INTERPOL\u2019s files meets the organisation\u2019s applicable legal requirements. We present a summary of a case from 2017 in which the CCF reviewed a request to delete an\u00a0<a href=\"https:\/\/ngm.com.au\/interpol-notices\/\" target=\"_blank\" rel=\"noopener\">INTERPOL Red Notice<\/a>.<\/p>\n<p>&nbsp;<\/p>\n<h2 id=\"The-Facts\"><strong>The facts<\/strong><\/h2>\n<ul>\n<li>The Applicant is a national of Country B, and a prominent business executive who was the director of two companies at the time.<\/li>\n<li>He was the subject of an Interpol Red Notice request from the National Central Bureau (NCB) of Country A, on the basis of an arrest warrant issued in Country A.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2 id=\"The-Applicant\u2019s-Request\"><strong>The Applicant\u2019s request<\/strong><\/h2>\n<p>The Applicant requested the deletion of the data concerning him registered in INTERPOL\u2019s files, contending that:<\/p>\n<ul>\n<li>The case was of a <strong>predominantly political character<\/strong>, relating to investments and transactions involving multiple companies, including those of which the Applicant was the director (companies C and D). The applicant claimed that the request for a red notice against him was a retaliation for the arbitration proceedings initiated by companies D and E against Country A in the context of a bilateral investment treaty, for failure to accord fair and equitable treatment to the companies.<\/li>\n<li>The case arose based on a <strong>private<\/strong> commercial dispute;<\/li>\n<li>The <strong>purpose<\/strong> of the requested red notice could not be achieved, as Country A\u2019s authorities already had full knowledge of his location in Country B.<\/li>\n<li>The proceedings were <strong>not lawful<\/strong>. The applicant claimed that a judge from Country A\u2019s court previously issued a ruling discharging all accused in the case, and that the entire case upon which the Red Notice was requested had collapsed.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2 id=\"Applicable-Legal-Framework-\u2013\"><strong>Applicable legal framework \u2013 key points<\/strong><\/h2>\n<ul>\n<li>Article 3 of INTERPOL\u2019s Constitution states that \u201c[i]t is strictly forbidden for the Organization to undertake any intervention or activities of a <strong>political<\/strong> (\u2026) character.\u201d<\/li>\n<li>Article 83.1 (a,i) of INTERPOL\u2019s rules on the Processing of Data (RPD) states that \u201cred notices may not be published for offences relating to <strong>private<\/strong> matters and for offences originating from a violation of laws or regulations of an administrative nature, unless the criminal activity is aimed at facilitating a serious crime or is suspected of being connected to organized crime\u201d.<\/li>\n<li>Article 82 of the RPD states that \u201cRed Notices are published (\u2026) in order to <strong>seek the location<\/strong> of a wanted person and his\/her detention, arrest or restriction of movement for the purpose of extradition, surrender, or similar lawful action.\u201d<\/li>\n<li>Article 84 (b) of the RPD further states that the requesting NCB who has asked for the publication of a Red Notice \u201cshall ensure (\u2026) that <strong>extradition will be sought<\/strong> upon arrest of the person, in conformity with national laws and\/or the applicable bilateral and multilateral treaties.\u201d<\/li>\n<li>Article 2(1) of INTERPOL\u2019s Constitution states that the organisation should \u201censure and promote the widest possible <a href=\"https:\/\/ngm.com.au\/extradition-lawyers-sydney\">mutual assistance between all criminal police authorities<\/a> within the limits of the <strong>laws<\/strong> existing in the different countries and in the spirit of the Universal Declaration of Human Rights.\u201d<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2 id=\"The-Commission\u2019s-Findings\"><strong>The Commission\u2019s findings<\/strong><\/h2>\n<p>The Commission reviewed the Applicant\u2019s contentions in the order described above.<\/p>\n<p>&nbsp;<\/p>\n<h3 id=\"political-character-of-the-cas\" ><strong>Political Character of the case<\/strong><\/h3>\n<p>The Commission found that:<\/p>\n<ul>\n<li>The applicant had close links with a former minister.<\/li>\n<li>There may indeed be political elements to this case, but the Applicant\u2019s additional claims would need to be examined before making a final decision.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h3 id=\"private-dispute\" ><strong>Private dispute<\/strong><\/h3>\n<p>The Commission found that:<\/p>\n<ul>\n<li>The information provided by the National Central Bureau (NCB) in relation to possible personal participation of the Applicant in the crimes concerned was imprecise, and that the link between the Applicant and the alleged criminal activities was not properly clarified.<\/li>\n<li>There was no indication that the alleged criminal activity was aimed at facilitating a serious crime or was connected to organised crime.<\/li>\n<li>There were questions as to the compliance of the data challenged with INTERPOL\u2019s rules, but the Applicant\u2019s additional claims would need to be examined before making a final decision.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h3 id=\"lack-of-purpose\" ><strong>Lack of purpose<\/strong><\/h3>\n<p>The Commission recalled that:<\/p>\n<ul>\n<li>The purpose of a Red Notice is not only to locate a person, but also to request their provisional arrest in view of extradition. As such, the fact that the Applicant\u2019s location was known to Country A\u2019s authorities did not undermine as such the lawfulness of the Red Notice.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h3 id=\"lack-of-lawfulness\" ><strong>Lack of lawfulness<\/strong><\/h3>\n<p>The Commission:<\/p>\n<ul>\n<li>Acknowledged that the previous decision of the court in Country A was not \u2018final\u2019 as it had been appealed, however being the latest available judicial decision on the case, adopted by the same court who initially issued the arrest warrant which formed the basis of the Red Notice request, it was a significant consideration in the case.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2 id=\"The-Result\"><strong>The result<\/strong><\/h2>\n<p>The Commission decided that:<\/p>\n<ul>\n<li>In view of all the above elements, including the doubts identified on the link of the case with a private dispute, as well as the political elements surrounding the proceedings, the data challenged were not compliant with INTERPOL\u2019s rules applicable to the processing of personal data.<\/li>\n<li>The data shall be <strong>deleted from INTERPOL\u2019s files<\/strong>.<\/li>\n<\/ul>\n<p>[\/vc_column_text][vc_empty_space][\/vc_column][\/vc_row][vc_row][vc_column][vc_raw_html]JTVCc29jaWFsLXNoYXJlJTVE[\/vc_raw_html][\/vc_column][\/vc_row][vc_row][vc_column][vc_empty_space][vc_column_text]<em>Nyman Gibson Miralis provides expert advice and representation in INTERPOL-related criminal investigations and is experienced in having Red Notices successfully removed. <\/em><\/p>\n<p><a href=\"https:\/\/ngm.com.au\/contact-us\/\"><em>Contact us<\/em><\/a><em> if you require assistance.<\/em>[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div><\/div>","protected":false},"excerpt":{"rendered":"<p>Discover what political factors may be considered by INTERPOL when reviewing a request to delete a Red Notice.<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":8432,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v22.8 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Deleting an INTERPOL Red Notice: Political factors | NGM Lawyers<\/title>\n<meta name=\"description\" content=\"Discover what political factors may be considered by INTERPOL when reviewing a request to delete a Red Notice.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/ngm.com.au\/fr\/deleting-an-interpol-red-notice-political-factors-considered\/\" \/>\n<meta property=\"og:locale\" content=\"fr_FR\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" 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