INTERPOL

With the increasing use of INTERPOL Red Notices to harass and intimidate individuals 9BR Chambers possess the experience to advise on, challenge, and seek deletion of requests.

Members of our team have effectively lobbied INTERPOL for the deletion of data on numerous occasions. We provide advice on challenging questions of confidentiality, pre-emptive requests, Red, Blue or Green Notices (each colour requiring law enforcement to take different actions), and the utilisation of other international mechanisms to construct a case for deletion.

What is INTERPOL?

The International Criminal Police Organisation, INTERPOL, enables member countries to issue Notices against individuals, which they can use to locate, detain, and share intelligence and information.

INTERPOL Red Notices (also known as wanted/diffusion Notices) function as provisional arrest requests. In recent years, some INTERPOL members have abused their power by using Red notices to harass and intimidate individuals, often in countries with poor human rights records or deficiencies in the rule of law. For those blacklisted or targeted by unscrupulous states, crossing international borders becomes perilous and could lead to arrest, resulting in extended detention during extradition proceedings.

Challenging an INTERPOL Notice involves a highly technical and specialised process. INTERPOL has established the Commission for the Control of Files (CCF) in which a Requests Chamber evaluates applications for data access, and data modification and/or removal. Our barristers can provide advice and assistance in drafting these requests.

The grounds for deletion focus on demonstrating that the Notice has been issued for a "forbidden" purpose (Article 3), i.e. it relates to activities of a political, military, religious or racial character, or otherwise violates the norms or spirit of the Universal Declaration of Human Rights 1948 (Article 2), which encompasses a range of rights and freedoms such as the prohibition of torture, cruel, inhuman or degrading treatment or punishment, to a fair trial, and to be presumed innocent until proven guilty. There is substantial overlap with the European Convention on Human Rights 1950 which means that our expertise in European human rights law is invaluable. Our advisory services include analysis of complex issues like confidentiality and the initiation of pre-emptive challenges.