Interpol Application for Revision

A request for review is a key tool for challenging unlawful notices and diffusions by Interpol, which can restrict a person’s freedom of movement and cause serious damage to their reputation. This legal mechanism serves as a guarantee for the protection of the rights of individuals and legal entities, as well as ensures the correction of errors or unfair application of Interpol notices.

Our team of Interpol lawyers will help verify the legality of the notification or diffusion, gather all necessary evidence, and submit an application for review in compliance with all the requirements of the CCF Commission. We will make every effort to achieve justice and restore your freedom.

Interpol Application for Revision

What is a Red Notice?

Interpol Red Notice

A Red Notice from Interpol is an official request issued by Interpol at the request of one of its member countries, intended for locating, temporarily detaining, and subsequently extraditing a person wanted for a criminal offense.

However, it is worth noting that a Red Notice does not have the legal force of an international arrest warrant. It functions as a tool for informing and cooperation between law enforcement agencies of different countries.

The Red Notice helps Interpol member countries coordinate efforts in combating international crime by facilitating the exchange of information about wanted persons. Its main functions are:

  1. Determination of the location of a suspect or convicted person;
  2. The organization of temporary detention of a person until receiving an official extradition request;
  3. Strengthening international cooperation in the law enforcement sphere.

The red notice contains the following information:

  1. Identification data of the wanted person: full name and possible aliases, date and place of birth, citizenship, photographs and biometric data, distinctive features (tattoos, scars, and others);
  2. Legal information: qualification of a criminal offense, grounds for search, national arrest warrant, brief summary of charges, date and place of the crime;
  3. Information about the requesting country: contact details of law enforcement agencies and the prosecutor’s office for communication, recommendations for law enforcement agencies of other countries regarding the detention of the individual.

The process of submitting an application for review

If you believe that an unlawful Interpol notice has been issued against you, you have the right to submit a request for review.

The first and most important step is to contact an experienced attorney who specializes in Interpol cases. They will help verify the grounds for the notice, identify possible violations, and assess your chances for a successful review.

Interpol Application for Revision

To prepare the application, it is necessary to obtain accurate information about the issued notice. Through the National Central Bureau of Interpol in your country, a lawyer can submit a request for information about the notice: the grounds for issuance, data about the requesting country, and a copy of the notice.

For a successful review, it is important to prepare compelling evidence that confirms the invalidity of the notification: proof of identification errors, evidence of the statute of limitations expiration, inconsistencies with the principle of double criminality, and more.

To prepare the application, it is necessary to obtain accurate information about the issued notice. Through the National Central Bureau of Interpol in your country, a lawyer can submit a request for information about the notice: the grounds for issuance, data about the requesting country, and a copy of the notice.

For a successful review, it is important to prepare compelling evidence that confirms the invalidity of the notification: proof of identification errors, evidence of the statute of limitations expiration, inconsistencies with the principle of double criminality, and more.

The lawyer is drafting an official statement that must comply with the requirements of CCF. It should include your personal information, a detailed description of the reasons for reconsideration, point out violations of the Interpol Statute, and attach a list of submitted evidence.

The application is submitted to the Commission for the Control of Interpol’s Files. Documents are submitted electronically or in paper form in one of Interpol’s official languages (English, French, Spanish, and Arabic). After the application is submitted, the Commission confirms its receipt and begins the review process.

The commission analyzes the submitted materials and evaluates whether the notification violates Interpol’s rules, including:

If CCF considers the application insufficiently substantiated, it may request additional materials. This process can take from 6 to 12 months.

If the notification is canceled, the lawyer sends a copy of the CCF decision to the national law enforcement agencies and border services to avoid possible detentions in the future.

What are the results of the application for review?

If the Commission finds that the notice violates the rules or the Interpol Statute, it may be completely removed from the database.

Reasons for cancellation:

results of the application

After the cancellation of the notice, the information is deleted from all Interpol databases, and the law enforcement agencies of member countries no longer have grounds to detain the person based on this request.

If the Commission concludes that the notice complies with Interpol’s rules and procedures, it remains active. The notice continues to be in effect, and the individual remains under international search. However, this decision does not deprive the right to reapply to the CCF upon the emergence of new evidence.

In some cases, the notification may be modified. For example:

The modified notification remains in the databases, but its impact is limited, which may reduce risks for the person specified in the notification.

What are the common reasons for a successful Application for Revision?

Interpol plays an important role in combating international crime, however, its mechanisms can be misused. A request for review to the CCF Commission allows such notices to be challenged.

One of the key reasons for a successful review is the recognition of the notification as politically motivated. The Interpol Charter strictly prohibits the use of its mechanisms for politically motivated persecution. It is necessary to provide documents confirming the political nature of the case (for example, political asylum, reports from international organizations).

The principle of double criminality means that the offense must be recognized as a criminally punishable act in both jurisdictions. If the act does not comply with this principle, the notification may be annulled.

Sometimes Interpol notices are issued with errors, which result in a person being wrongfully placed on the wanted list. For example, this could involve the use of incorrect personal data, a coincidence of names, or resemblance to another person. It is necessary to provide identity-confirming documents, use witness testimony, and other materials proving the lack of connection to the crime.

Interpol requires that requests be justified with sufficient evidence. If the requesting country cannot provide convincing arguments or evidence, the notice is canceled. For example, if the request is based on unverified accusations, lacks court decisions, or other legal documents supporting the necessity of the search.

If the notification threatens the fundamental rights and freedoms of a person, it can be canceled. This is especially important if there is a risk of torture, discrimination, or an unfair trial in the requesting country.

The notification may be annulled if enough time has passed since the commission of the crime or the court sentence, and the statute of limitations has expired. It is necessary to indicate the national and international norms related to the statute of limitations, as well as provide documents confirming the age of the case.

Interpol does not deal with private disputes or cases related to civil claims, breaches of contractual obligations, or debts. If a notice concerns such matters, it will be removed. An example would be disputes over non-fulfillment of contracts related to commercial activities without signs of a criminal offense.

FAQ

What happens if new evidence is discovered after the Application for Revision has been filed?

If new evidence emerges after submitting a request for review to the Interpol Commission for the Control of Files, it can be additionally presented within the framework of the already initiated case. It is important to promptly notify the CCF through your representative and provide documents that may influence the decision. New evidence can significantly strengthen your position and expedite the review process.

Is it required to have legal representation when submitting an Application for Revision?

No, legal representation is not mandatory. However, we strongly recommend securing legal support from an experienced attorney. Filing a request for review requires adherence to strict formalities and legal reasoning. A lawyer experienced in working with Interpol will help properly prepare the documents, avoid mistakes, and convincingly substantiate your position. Legal support significantly increases the chances of a successful review of the application.

Is it possible to submit multiple Applications for Revision for the same Interpol Notice or Diffusion?

As a rule, the submission of repeated applications for review is possible only in exceptional cases. For example, if new circumstances or evidence have emerged that could not have been presented earlier. Interpol expects all materials to be provided during the initial request, so it is recommended to thoroughly prepare the application from the very beginning.

What is the typical duration of the Application for Revision process?

The process of reviewing an application for reconsideration in the CCF usually takes from 6 to 12 months, depending on the complexity of the case and the workload of the Commission. This period may be extended if an investigation or the provision of additional evidence is required. Professional legal support can help expedite the process by properly preparing all documents and minimizing potential delays.

Dr. Anatoliy Yarovyi
Senior Partner

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