I recently received a decision from the CCF (Commission for the Control of INTERPOL’s Files), and I absolutely loved it. It was by far the best decision I have ever received from the CCF- and not just because we succeeded in our request to remove a client’s Red Notice, although of course that was the best part.
The decision was outstanding for another reason: it provided a thorough and detailed analysis of the Commission’s approach to the case. It provided a basis for understanding the Commission’s view of the case, and it gave the reader insight about how the Commission weighed the evidence and arguments that we had submitted, particularly against the political landscape of the country that requested the Red Notice.
Since the CCF does not publish its decisions, we can only glean information and guidance from its decisions on an anecdotal basis, as the decisions become available to us through our own work or the work of others. In that manner, I’ve noticed over the last 9 to 12 months that the CCF’s decisions are increasingly detailed, more thorough, and offer more transparency in terms of providing insight as to the Commission’s process and reasoning.
This change may be rooted in a variety of reasons, but the one that’s most apparent is this: the Commission’s decisions on requests for removal are now made by the Request Chamber, which was newly created in 2017 by the Statute of the Commission for the Control of INTERPOL’s Files. The members of the Request Chamber are all lawyers, and the difference that makes is significant.
Certainly, the CCF has always had attorneys on its staff who handle much of the CCF’s work when it is not in session, and who work in overdrive when it is in session. However, the added influence of having attorneys in decision-making roles who preside over cases in session cannot be overlooked, and is becoming more apparent with time.
In the next post: who are the lawyers that make up the Request Chamber, and why it matters.
As always, thoughts and comments are welcomed.