The International Criminal Police Organization, known as INTERPOL, is one of the main institutions responsible for facilitating international police cooperation. One of its most relevant mechanisms is the system of Red Notices, which acts as an alert to locate and arrest persons wanted for serious crimes. However, sometimes these notices can be issued in an abusive manner or in violation of fundamental rights, which makes it necessary to request their exclusion. In this article, we explore how to proceed with an exclusion request with INTERPOL, highlighting the importance of confidentiality clauses in the process.

1. Understanding red notices and their impact.

A Red Notice is not an international arrest warrant, but a request addressed to member states to locate and provisionally detain a person until extradition can take place. Although it is administrative in nature, it can seriously affect the reputation and freedoms of those who appear on it. It is therefore essential to assess the validity and legitimacy of the notification.

Identify the basis for exclusion

The Commission for the Control of INTERPOL's Files (CCF) is the body responsible for reviewing requests for exclusion of Red Notices. Common grounds for an exclusion request include:

• Political nature of the case: INTERPOL prohibits the issuance of notices related to crimes of a political nature.
• Violation of human rights: Whether the notification violates fundamental principles, such as the right to a fair trial or the presumption of innocence.
• Lack of proportionality: If the alleged crime does not justify the issuance of an international alert.
• Factual errors: Cases in which it is demonstrated that the information provided by the requesting country is incorrect or incomplete.

3. Prepare the application

The first step is to prepare a formal application to the CCF. This should include:

• Complete identification of the applicant: Detailed personal information, along with a copy of any relevant documents.
• Legal and factual arguments: Detailed explanation of why the notice violates INTERPOL rules or affects fundamental rights.
• Documentary evidence: Evidence to support the arguments presented, such as court rulings, reports from international organizations or affidavits.

4. Incorporate confidentiality clauses

In many cases, it is essential to ensure confidentiality during the review process. This is particularly relevant when there is a risk of retaliation or further damage to the applicant's reputation. Confidentiality clauses may include:

• Requests to the CCF not to share information with third parties, except when strictly necessary.
• Requests to keep certain documents or sensitive personal data confidential.
• Prior agreements with lawyers and legal representatives to guarantee the discretion of the process.

5. Evaluation process

Once the application is submitted, the CCF reviews it and determines if it meets the established requirements. This may include:

• Request additional information from the applicant or the country that requested the notification.
• Assess whether the notice complies with INTERPOL rules, including those related to human rights.

The process takes up to 9 months, depending on the complexity of the case and the cooperation of the parties involved.

6. CCF Decision

The CCF issues a decision based on the evidence and arguments presented. If the request is approved, INTERPOL will remove the Red Notice and update its databases. It is important to note that this decision is binding on all member states.

Conclusion

Requesting the exclusion of a Red Notice from INTERPOL is a technical and delicate process that requires a thorough knowledge of INTERPOL's rules and international legal principles. Confidentiality clauses play a crucial role in protecting the requesting party during this procedure. 

At Venfort Abogados, we are experienced in handling these cases, offering professional and confidential representation to ensure that our clients' rights are respected at all times.