Published
Nov, 23 2024
Anatoly Yarovyi
Researched by

Why do you need representation in Interpol?

What are Interpol and international wanted lists?

The International Criminal Police Organization Interpol was created to unite the efforts of law enforcement agencies of member states in the fight against crime. Interpol headquarters are located in France, in the city of Lyon. Interpol organizes international wanted lists of persons suspected of committing serious criminal offenses and coordinates the actions of National Central Bureaus (NCBs). Today, Interpol unites more than 190 states.

It is worth noting that Interpol employees do not conduct wanted lists themselves. However, any state can transfer information about a person’s wanted list to Interpol. After a preliminary check, the information is registered using Interpol notifications. For example, a red card (notification) makes it possible to detain and subsequently extradite a wanted person.

What does representation at Interpol include?

Representation at Interpol covers a wide range of activities and services provided by lawyers specializing in international law. One of the main tasks of such lawyers is to protect the rights and interests of clients who have encountered problems related to Interpol, such as unlawful inclusion on the wanted list, issuance of red notices and extradition.

Lawyers representing clients at Interpol must have a thorough knowledge of international criminal law, rules and procedures, as well as the ability to negotiate and represent the client’s interests at the international level. These specialists help their clients challenge Interpol decisions, provide evidence of the unlawfulness of charges or actions and ensure a fair resolution of conflict situations.

An important part of the work of lawyers representing clients at Interpol is to prevent abuses by law enforcement agencies and states that may use Interpol for political or economic purposes, violating human rights and international law. In such cases, lawyers play an important role in ensuring justice and protecting the rights and freedoms of clients in the international arena.

representation in Interpol

How to find out if you have a wanted list card?

The easiest way to check for a red notice is to view the database on the Interpol website. However, it is worth considering that the absence of information about a specific person in this database does not guarantee that he or she is not the subject of an international search. To obtain accurate information about the presence or absence of a red notice or diffusion, you should send an official request to the Commission for the Control of Interpol’s Files.

To submit a request, you must use a special form available on the Interpol website. The assistance of a lawyer is not required when submitting a request. However, we would like to note that if the applicant prefers not to provide his or her address directly to the Commission, the request can be sent through a lawyer who will handle further communication with the Commission.

After receiving the request, the Commission will check for a wanted list in the Interpol system. If there is no notification, the applicant will be sent a notification about the absence of information about his or her wanted list. If information appears, the Commission will automatically notify the applicant or his or her representative. If the Interpol system contains information on an international wanted notice, the Commission will request permission from the state concerned to provide the information to the applicant. Once permission has been received from the state, the applicant or his representative will receive a formal notification from the Commission, which will contain the type of wanted notice (red notice or diffusion), a brief description of the charges (or, if the person has already been convicted, the nature of the sentence), the date the notice was sent to Interpol and additional information.

How does an appeal against an international wanted list take place?

Appealing an Interpol wanted list is a procedure that allows a person to defend their rights. The appeal process includes several key stages:

  • It is necessary to submit an application in one of the official languages ​​of Interpol (English, French), observing all the requirements for the design and submission of documents.
  • The File Control Commission reviews the submitted petition and determines its admissibility.
  • If the petition is deemed admissible, the commission begins to consider it.

The review period depends on the specific request. Usually, access to data is provided within 4 months, but in practice the period may be shorter. Issues of correction or deletion of data can take up to 9 months.

FAQ

Is it possible to find out about the existence or absence of a search card without contacting the Commission?
No. Only filing an official request with the Commission makes it possible to obtain reliable information about an international search. It should be noted that free movement across borders does not necessarily guarantee the absence of a search notice, as it may not be valid in all countries, and also due to the peculiarities of border control in some countries.
Who has access to information about wanted persons and what are its legal effects?
Information about wanted persons such as red notices or diffusion notices is available to the police services of the countries to which they are sent. Depending on the national characteristics of the legal systems, such information may also be available to a number of other services (customs, border guards, various law enforcement agencies, etc.). As a rule, when information about an internationally wanted person is revealed, the person must be immediately detained for subsequent transfer (extradition) to the requesting country. The extradition procedure will be determined by the relevant legal regulation in each individual state. However, it is worth considering that in some cases a person can be detained even without undergoing border or police checks. For example, according to the laws of many countries, when checking into a hotel, the guest's data is automatically transferred to the police. Moreover, a person can be detained within the framework of international cooperation between police services.
Can a wanted person be detained for extradition purposes without a search card?
Yes, in theory this is indeed possible. However, in practice this happens extremely rarely.
What happens if there are several search cards issued by different countries in relation to the same person?
In such a situation, the national judicial authorities of the country in whose territory the wanted individual is detained will decide on the basis of which search card and in what order the issue of extradition of this person will be considered.
What is the validity period of search notice?
The validity period of the Interpol Red Notice and diffusion is five years. This period can be extended at the request of the relevant state several times.
Can the Commission cancel a red notice or diffusion following a request?
Yes. In certain circumstances, simply sending an information request without supporting arguments about the illegality of the criminal prosecution may result in the removal of the relevant search card at the initiative of the Commission. In such situations, the applicant or his representative is sent an official certificate with a full set of security details confirming that there is no international search for the person in question.
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