Many believe that the only way to exclude information about oneself from the search is to wait for the complete termination of the criminal case in the initiator’s country. However, the practice of SAFEWAY ADVISORY (SWA) proves the opposite: Interpol’s mechanisms make it possible to remove the INTERPOL red notice even in cases where national persecution is in the active phase.
The principle of Interpol’s autonomy
It is important to understand that Interpol is not the “long arm” of a national investigation, but an independent international organization with its own strict regulations. In order for the data to remain in the database, it must comply with the organization’s Charter and Data Processing Rules (RPD). If these rules are violated, the notification must be deleted regardless of the status of the case in the homeland.
Key arguments for protection
If the case is not closed, SWA experts focus on the following legal aspects:
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Political or economic motivation. If we prove that the prosecution violates Article 3 of the Interpol Statute (prohibition of interference in political matters), the notification will be deleted immediately.
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Violation of the rights to a fair trial. If the investigation in the homeland takes place with gross procedural violations, this is the basis for recognizing the request as not meeting human rights standards.
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The absence of an “international element”. Interpol should not be used to resolve small private disputes or cases of no transnational significance.
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Insufficient evidence base. If the initiator country’s request is based on fabricated data or does not contain a description of specific criminal acts, it may be challenged.
The CCF appeal process
In order to effectively remove the INTERPOL red notice, it is necessary to initiate proceedings before the File Control Commission (CCF).
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Collecting evidence of violations. We are collecting documents confirming that the investigation at home is ordered or violates international norms.
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Filing a complaint. The prepared dossier is being sent to Lyon. In the text of the complaint, we focus not on the client’s innocence (which is the prerogative of the court), but on the violation of Interpol rules.
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Blocking access. During the consideration of the case, we may request a temporary blocking of access to the data in order to minimize the risk of detention.
Why should you contact SAFEWAY ADVISORY?
When a criminal case is not closed, any mistake in communicating with Interpol can only make the situation worse. SWA lawyers specialize in protecting clients in situations of acute conflict with law enforcement agencies. We help to eliminate data from the wanted list, restore freedom of movement and protect your assets from cross-border pressure.
Protect your rights today: safewayadvisory.com
