In our last segment, I discussed the way that the Dual Criminality requirement of most extradition treaties affects Red Notice subjects who are possibly facing extradition.

We left off with the idea that, even if extradition is prevented by a lack of dual criminality, a Red Notice can still lead to a person’s removal from a country. How can that happen?

  • A person can be removed, or deported from a country even if they can’t be extradited from it
  • For example: Italian citizen is in Canada on non-extraditable charges, Canadian authorities could remove/deport him back to Italy if they became aware of a Red Notice in his name.
  • They don’t have to, but they can if they wish because a foreign national’s presence in a country is at the discretion of the immigration authorities

Another means of transferring a person from one country to another is through diplomatic efforts, when the sending country feels its best interests would be served by providing the fugitive to the requesting country

The possibility of extradition or removal is the reason that many Red Notice subjects seek assistance with Red Notices even when they are in a safe country.

The main purpose of an INTERPOL Red Notice is for INTERPOL’s member countries to help each other find and extradite fugitives and bring them to justice.

So why do we sometimes see a wanted person living openly in another country, without being extradited to the country where she is wanted by the authorities?

  • A common requirement in extradition treaties is dual criminality requirement, meaning that the crime for which one country seeks the extradition of an individual must also be a crime in the country where the individual is currently located.
  • For example, in some countries, the crime of criminal association alone is enough for prosecution. In other countries, that crime must be prosecuted along with another crime in order to be valid.
  • Without dual criminality, extradition proceedings normally will not occur.
  • BUT, removal from another country can happen without extradition. In our next segment, I’ll talk about other methods of removal.

Why doesn’t INTERPOL list all Red Notice subjects on its website?

A Red Notice Law Journal reader  recently asked a common question arises when one’s life is touched by INTERPOL.  The question:

“How can you check whether you have a red notice in your name? I checked the Interpol site but I feel information is not accurate or updated. Please advise.”

  • The answer is, of course, it depends.  A small percentage of INTERPOL’s Red Notices are actually published on INTERPOL’s website.  The reason for this is that many of INTERPOL’s member countries choose not to publish the majority of their Red notices.  Bear in mind that the member countries own the information, and INTERPOL is the temporary keeper of the information for purpose of providing assistance to law enforcement officials who are looking for the subject.
  • While some Red Notice subjects will find themselves on the website, the majority do not.  They learn of to the Red Notice when they travel or attempt to travel, apply for immigration benefits, or receive a notice of account closure from their financial institutions.
  • The reason for the non-publication of most notices is that a wanted person is less likely to travel if he is aware of a Red Notice, so the person is more difficult to apprehend.  When a Red Notice subject travels, it’s more likely that identification checks at ports of entry to member countries will result in a “hit” in INTERPOL’s databases, thereby alerting authorities to his presence and providing the opportunity for detention.

I recently had the pleasure of speaking with fellow practitioners Yuriy Nemets of Nemets Law and Ben Keith of 5 Saint Andrew’s Hill in a segment of the Nemets Law-hosted webinar series, “Open Conversations about INTERPOL Abuse.” The recorded conversation includes examples of Red Notice abuse in multiple countries, such as Ecuador, India, Mozambique, Paraguay, Russia, and Venezuela; it can be accessed below.

When an individual is wanted by any member country of INTERPOL, international travel always poses a risk of detention. 

  • When a member country uses its access to INTERPOL’s databases, it should be alerted to an individual’s status as the subject of a notice. 
  • Member countries handle such “hits” differently, with some treating a Red Notice as an arrest warrant, and others requiring a domestic warrant to be issued prior to detention.

Red Notice subjects have experienced all kinds of responses to an INTERPOL hit arising during their travels:

  • some have been ordered back onto the plane and back to their departure countries;
  • some have been briefly questioned;
  • some have been detained and released on bond; and
  • some have been detained, arrested, and jailed pending further court proceedings.

The question of whether to travel while wanted internationally depends upon the level of risk that is acceptable to the wanted person.

The main purpose of an INTERPOL Red Notice is for INTERPOL’s member countries to help each other find and extradite fugitives and bring them to justice.

So why do we sometimes see a wanted person living openly in another country, without being extradited to the country where she is wanted by the authorities?

A common requirement in extradition treaties is dual criminality requirement, meaning that the crime for which one country seeks the extradition of an individual must also be a crime in the country where the individual is currently located.

For example, in some countries, the crime of criminal association alone is enough for prosecution. In other countries, that crime must be prosecuted along with another crime in order to be valid.

Without dual criminality, extradition proceedings normally will not occur.
BUT, removal from another country can happen without extradition.

For questions about INTERPOL or related matters, contact INTERPOL attorney Michelle Estlund at Estlund Law, P.A.: 305 448 0077 or mail@estlundlaw.com.

While Red Notice removal is the goal of most of our INTERPOL clients, some INTERPOL subjects need assistance with the lesser-known Green Notice.

A reader recently wrote to Red Notice Law Journal with the following question:

“I am active in a non-profit legal advocacy organization, ACSOL (Alliance for Constitutional Sex Offense Laws) that represents the rights of those convicted of sex offenses and am researching as part of its efforts the use of Green Notices or Diffusions that may be used to limit their ability to travel.

My question is, Do Green Notices, like Red Notices, expire? If so, when do they expire? Also, are diffusions used in a similar capacity? Thank you!”

Before answering this question, it is necessary to understand why a Green Notice is requested and issued.

INTERPOL issues Green Notices when its member countries request them in order to provide a warning about a person’s criminal activities where the person is considered a possible threat to public safety.

Sexual offenses and illicit drug charges

As explained here on the Estlund Law website, Green Notices are used when one country wishes to notify other INTERPOL member countries that an individual may be likely to commit a specific crime in other countries. These Notices are often issued to prevent individuals with convictions of sexual offenses in one country from entering other countries. Similarly, when an individual has been convicted of drug trafficking, a member country may request a Green Notice to warn other countries.

In the next post, we’ll address the reader’s questions regarding expiration and the differences between diffusions and Green Notices.

As always, thoughts and comments are welcomed. 

Today’s post is the final in our series on the most recent Annual Report of the  Commission for the Control of INTERPOL’s Files (CCF). The focus of this post will be on the critical factor of admissibility.

Admissibility as the first step to the CCF’s examination of a case

Before an applicant’s request for access, correction, deletion, or revision is even considered by the CCF, the application must be admissible in accordance with INTERPOL’s rules.

If a request is deemed admissible, the CCF will begin determining whether the applicant’s data is being processed in INTERPOL’s information system to review the information. When a request is deemed inadmissible, the requests chamber will not act on the applicant’s request and will notify the applicant of the inadmissible nature of the request. 

Consequences of an inadmissibility finding

In 2021, 112 of 651 complaints were deemed inadmissible by the CCF, according to the annual report. This means that 112 requests for access, correction, or deletion were not considered because the applications did not meet the basic criteria for the CCF to review the matters.

Although the CCF is typically quite punctual in issuing its letters of admissibility within 30 days of receiving a request, an inadmissibility finding results in delays for the applicant. At a minimum, the failure to meet the admissibility requirements of an application will delay any action by a full month. For applicants in search of relief from invalid Red Notices, such a delay is problematic; it is also unecessary.

Requirements of admissibility of the CCF versus other international institutions

The admissibility requirements of the CCF differ from those of many other organizations that review the applications of individuals seeking relief from criminal court orders. For example, the CCF does not require the exhaustion of domestic court remedies or proof of damages resulting from the case as does the European Court of Human Rights (ECHR). The criteria for a case to be deemed admissible before the ECHR is more stringent, as that body acts in a judicial capacity.

INTERPOL is not a court and does not dispose of criminal cases; it acts as a depository and communication hub for data regarding individuals. As such, the CCF’s published admissibility criteria focus more on ascertaining the identity of the Applicant, clarity of the requested action, and submission to the appropriate body within INTERPOL.

Lack of prejudice for inadmissible requests

INTERPOL recognizes that it may receive requests for relief that have been drafted by lay persons or attorneys without experience in INTERPOL matters. When the CCF receives an inadmissible request, it generally responds with a letter advising as to the missing information, which allows the applicant to correct his/her error. The CCF recognizes that applicants generally have a right to access their information (which can be limited when the requesting country provides a legitimate reason to withhold all or part of that information), and appears to consistently provide that access once its conditions have been met.

As always, thoughts and comments are welcomed.

As in the previous post in this series, today’s post will discuss the most recent annual activity report of the Commission for the Control of INTERPOL’s Files(CCF), which has recently become available after the 90th annual General Assembly. The CCF issues an annual report in conjunction with each General Assembly, and the report typically includes a summary of the activities of the supervisory and advisory chamber as well as the activity of the request chamber. 

But before we delve further into the report itself, it is worthwhile to take a moment to understand its source- the CCF- and the CCF’s reason for being.

The mission of the CCF

 The CCF is the body within INTERPOL that is responsible for overseeing INTERPOL’s databases system. It determines whether certain information, such as Red Notices, diffusions, and other types of notices, should be included INTERPOL’s databases. The CCF may decide to delete the data, add an addendum to a Red Notice, or make other changes to notices in order to correct them. 

Relief sought by data subjects

People seeking assistance from the CCF most often submit requests for  

  • Access, which concerns the access to information potentially held by INTERPOL’s information system. The CCF will generally disclose the information requested pending a consultation with the data source. 
  • Correction/deletion, which is a request for the correction or deletion of information potentially being processed in INTERPOL’s files. 
  • Revision, which is a request to revise a previous decision made by the Commission. The CCF will review new relevant information relating to the former decision in addition to a list of reasons why the current information grants the need to revise the previous decision. 

Thus, the CCF’s annual report normally reflects the results of the Commission’s actions regarding those types of requests, as well as its other activity.

In terms of requests, in the last post we discussed the report’s statement that the Commission received 1,417 new requests or applications for revision of a previous Commission decision, concerning 1,665 new applicants. This means that the Commission considered the requests of 1,665 people to either access their files or to make changes in its databases regarding their files.

In the next post, we’ll address the Commission’s report regarding requests for access and revision, and the startlingly common reason that those requests are denied.

As always, thoughts and comments are welcomed.