It is generally believed that the main tool for the abolition of the international wanted list is the famous Article 3 of the Interpol Statute, which prohibits political persecution. However, in the practice of SAFEWAY ADVISORY (SWA), there is an equally powerful but more universal legal instrument — Article 2 of the Interpol Statute.
This rule obliges the organization to act in strict accordance with international standards for the protection of human rights. If the requesting State violates these standards, the notification issued by Interpol is considered illegal and is subject to immediate removal from the system.
What is the essence of Article 2 of the Interpol Statute?
Article 2 states that Interpol’s activities must be carried out in the spirit of the Universal Declaration of Human Rights. This means that an organization has no right to contribute to the persecution of a person if fundamental rights and freedoms recognized by the international community are violated in relation to him.
Unlike the “political” article, Article 2 is applicable to absolutely any criminal case, from economic to ordinary criminal, if there are systemic violations of justice.
What human rights violations lead to the cancellation of the search?
In order to prove to the CCF that the Red Notice or diffusion issued against you violates Article 2, a lawyer must rely on the following key factors:
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The risk of torture or ill-treatment (Article 3 of the ECHR). If there is a real threat that after extradition a person will be subjected to violence, psychological pressure or will be held in inhumane conditions, Interpol is obliged to block the search.
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Lack of the right to a fair trial (Article 6 of the ECHR). If the investigation at home shows an accusatory bias, the courts stamp decisions without the participation of the defense, and government officials publicly name the person guilty before the verdict (violation of the presumption of innocence), this is a direct basis for declaring the search illegal.
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Harassment of vulnerable groups. This includes fabricating criminal cases based on race, religion, nationality, or membership in a particular social group (for example, independent entrepreneurs).
How to build effective protection based on Article 2?
For the Commission in Lyon, simple statements that “the investigation is not working honestly” are not enough. The procedure requires the provision of solid, verifiable evidence.
The SAFEWAY ADVISORY team uses an integrated approach when preparing a complaint to the CCF.:
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Collection of procedural violations: We record every fact of illegal actions by investigators, refusals to provide evidence of protection, and violations of regulations at the national level.
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International context: We support the case with reports from the United Nations, the Committee against Torture, ECHR decisions, and reports from reputable human rights organizations (such as Amnesty International or Human Rights Watch) on a specific initiator country.
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Medical and psychological examinations: In accordance with international standards (for example, the Istanbul Protocol), we engage experts to assess the effects of pressure on clients from investigative authorities.
Professional SWA Assistance
The fight for the protection of rights at the Interpol level requires an in-depth knowledge of CCF case law and regulations. Errors in argumentation may lead to the Commission deeming the complaint inadmissible.
SAFEWAY ADVISORY experts analyze each case in detail, revealing hidden violations of justice standards. We work according to strict Privacy by default rules, helping clients to cancel illegal notifications, restore their reputation and regain the right to a safe life and free movement.
Protect your fundamental rights together with SWA experts: safewayadvisory.com
