Preventive Defense to Abusive International Alerts

When it comes to INTERPOL, most people think only of the well-known Red Notification. However, this is only one of the mechanisms that the INTERPOL system employs to facilitate international criminal cooperation. In addition to the color-coded notices (red, blue, green, yellow, black, orange and purple), INTERPOL uses a lesser known but equally powerful system: the broadcasts.

Notices are less formal communications than notifications, but they can be equally harmful to the fundamental rights of individuals if they are used for improper purposes. In this article we look at what INTERPOL notices are, how they are used, what risks they present and how an INTERPOL notice can be implemented. preventive or reactive strategy to protect our clients against possible abuses of this mechanism.

What is a Notice in the INTERPOL context?

A diffusion is a direct message sent by a member country to other countries through the INTERPOL network requesting immediate police co-operation in relation to a specific person or matter. Unlike notices, which are reviewed and validated by the INTERPOL General Secretariat, notices:

• Not subject to prior review;
• They can circulate more quickly;
• Do not require centralized approval.

This makes them a powerful tool, but also an important dangerous avenue for institutional abuseThe use of these instruments can be used to detain people at the border or to activate migratory controls without respecting the due guarantees.

Types of Diffusions and their uses

Although not color-coded, broadcasts can serve similar functions to notifications. For example:

• Request for provisional detention (similar to a Red Notice);
• Request for discreet location or surveillance (similar to a Blue);
• Requirements for border alert;
• Request for additional data on persons, vehicles, documents or objects.

Their flexible nature allows member states to use them quickly. But this very flexibility increases the risk that they may be used without proper judicial control or for political motivations.

Main risks and impacts

Individuals affected by irregular broadcasting may be faced with:

• Arbitrary detentions in transit through third countries;
• Border entry refusals;
• Covert surveillance or mobility restrictions;
• Damage to your personal and professional reputation;
• Blocking of bank accounts or inability to carry out administrative procedures.

The main difficulty is that many times the person is not even aware of that there is active diffusion against them until a direct consequence occurs.

Preventive defense strategies: Is it possible to anticipate?

Yes, and it is increasingly necessary. For people at risk of international persecution (for political, economic or other reasons), it is essential to adopt an preventive strategy vis-à-vis INTERPOLwhich may include:

1. Individualized risk analysisassess whether there is a criminal record in the country of origin, open investigations or conflict with judicial authorities.
2. Proactive requests to the Commission for the Control of Files (CCF)can be presented as a preventive supervision or clarification request if it is suspected that a State may issue an unjustified dissemination or notification.
3. Obtaining international protection documentation (asylum, refuge, subsidiary protection) as support before international organizations.
4. Periodic monitoring of publicly available databases and cooperation with international legal agencies to monitor new alerts.

Reactive defense against active diffusion

If the broadcast has already been issued and has generated consequences, the steps to follow include:

1. Identification and collection of informationAccess to complete data is essential, although INTERPOL does not allow direct access to the contents of notices. This can be requested through the CCF.
2. Filing a cancellation or correction request with the CCFAs with Red Notices, INTERPOL allows notices to be challenged if they violate the principles of INTERPOL's Constitution.
3. Coordination with national authorities of the country where the person is, in order to avoid arbitrary arrests and to protect his or her rights in accordance with the principle of legality.
4. Use of prior court rulings, asylum decisions or opinions of international organizations as evidence of the abusive nature of the measure.

Relevant jurisprudence and doctrine

Although the disclosures are not public, some cases have transcended and set precedents:

• Case Almaty vs. Mukhtar Ablyazovone of the paradigmatic cases on the use of broadcasts to persecute political opponents in Central Asia.
• Views of the UN Working Group on Arbitrary Detentionwhich has condemned the use of INTERPOL alerts without due process.

International doctrine agrees that INTERPOL should strengthen its internal mechanisms to supervise the use of notices, especially in regimes where there is no judicial independence.

Conclusion

INTERPOL notices are a little-known but extremely powerful tool that can violate the rights of individuals without them even being aware of it. In an increasingly complex international context, where geopolitical interests, political persecution and abuses of judicial power combine, the INTERPOL notice is a powerful tool that can violate people's rights without them even being aware of it. specialized and preventive legal defense is indispensable.

Lawyers practicing in the international criminal arena must be prepared not only to defend cases that are already active, but to anticipate, assess risks and act before alerts become arrests.

Have you been unexpectedly detained at an airport, refused entry to a country with no apparent explanation? You could be the subject of an irregular INTERPOL diffusion.

At Venfort Lawyers we have extensive experience with favorable statistical effectiveness for our clients and we offer specialized legal advice in international defense against abusive alerts. We analyze your case, review your situation and help you act before it is too late.