One of the most personal aspects of an INTERPOL case concerns a Red Notice subject’s decision about attorney representation. On that topic, a reader sent in the following question:
“Can a termination of legal representation of a lawyer after the submission of the application form to the CCF (deletion request) and before the first review by the Commission of the file automatically lead to the dismissal of the Application on a procedural basis?”
This reader has clearly already hired an attorney who has submitted a request for removal of a Red Notice, and the case is now in the process of being reviewed by the Commission for the Control of INTERPOL’s Files (“CCF”).
The answer to the question is no. An applicant’s choice of which attorney, or whether to hire an attorney, or where the attorney is located, on an INTERPOL matter should have no effect at all on the CCF’s evaluation of the case. This is true, regardless of whether, for example, a client’s new attorney is in India and the client’s old attorney is in the United States or China.
However, if a change in counsel is made and a new power of attorney is executed for a new attorney to act on the subject’s behalf, the CCF must be advised of that change so that it has the correct contact information on file when it comes time to send out its decision or other correspondence.
As always, thoughts and comments are welcomed.