Lawyer in France » Articles » Deletion of red notices and diffusions – Representation before the Commission for the Control of INTERPOL’s Files (the “CCF”)

What is the red notice or diffusion?

Red notice is an INTERPOL mechanism to circulate globally an arrest warrant issued by a particular country. A diffusion is another form of such mechanism with broadly the same legal effects: to locate a wanted person and to request his or her subsequent extradition.

Red notice and diffusions are used widely by national police authorities to locate and request extradition of fugitives. At the national level, each INTERPOL member State has a National Central Bureau (the “NCB”) which is acting as an interlocutor between INTERPOL and the domestic police authorities.

Red notices are not circulated by INTERPOL automatically. Prior to their circulation, INTERPOL assesses their pertinence and compliance with the applicable rules. By contrast, diffusions are circulated without any specific control, except in regards to certain member States (the Russian Federation).

The Commission for the Control of INTERPOL’s Files (the “CCF”) is an independent authority within INTERPOL whose task is to ensure the compliance of red notices and diffusions with the applicable legal instruments. The CCF has broad powers in relation to red notices and diffusions, including the power to suspend their circulation temporarily or permanently.

How to know if you are subject to a red notice or diffusion

Red notices and diffusions are typically not accessible to large public. A small number of red notices are advertised on the INTERPOL’s website. However, red notices and diffusions are normally accessible to police and certain other authorities (customs, border officers, certain military authorities, etc.).

The easiest way to get official information on whether you are subject to any red notice or diffusion is to lodge a request with the CCF. This can be done in person or with the assistance of a lawyer. The CCF will not ask you why you are interested to obtain this data, where you are located or any other information. The request is free of charge.

The CCF typically answers within 4 months starting from the date when the request was submitted. In certain cases, it could take longer, but the answer will be provided anyhow.

There are 3 types of answers you could receive following your request:

1. There is no data in the INTERPOL Information System concerning you.That means that you are not subject to any red notice or diffusion as of the date of the answer. If any data concerning you is registered in the INTERPOL Information System after this date, the CCF will not necessarily inform you thereabout.
2. There is data concerning you which is registered in the INTERPOL Information System.In that case, the CCF will provide you with a short summary of the criminal charges against you. The CCF will also inform you about the date and the authority that issued an arrest warrant concerning you.If you receive such an answer, you can immediately request the deletion or correction of the red notice or diffusion. In certain cases, the CCF sets a deadline for lodging such a request (typically 1 month).
3. More rarely, the CCF could inform you that the NCB did not authorise disclosure of any information about the data which might be registered in the INTERPOL Information System concerning you.If you receive this type of answer, you cannot ascertain whether you are actually subject to any red notice or diffusion.

In all cases, there can be no red notice or diffusion if there is no arrest warrant issued at the national level.

How to request the deletion of a red notice or diffusion?

You can request deletion or correction of a red notice or diffusion at any time, even without submitting a request for information beforehand. Indeed, you might be aware about the existence of data concerning you from other sources (for instance, the extradition proceedings or an official notification from the national authorities).

The request for deletion of a red notice or diffusion needs to be substantiated. The CCF will only delete the red notices or diffusions if they are not compliant with the applicable rules. The main reasons for deletion are as follows:

• You have a protective status (asylum or equivalent status);
• The description of your criminal activity lacks accuracy and clearness;
• The criminal charges against you are of political nature;
• There is a clear lack of purpose (you have already been arrested/extradited; the State that issued an arrest warrant against you fails to request or to complete your extradition, etc);
• There are serious doubts that the criminal proceedings against you are compliant with the international human rights standards;
• There are other circumstances specific to your situation which warrant the deletion of red notice or diffusion.

It is noteworthy that the CCF is not acting as a court or investigative authority. That means that it will not assess evidence or conduct any investigative measures.

The request will normally be examined within 9 months. In most cases, the procedure is written. It is conducted in one of the INTERPOL’s official languages (English, French, Arabic or Spanish).

The CCF will normally request comments from the NCB, unless your situation is sufficiently clear that this is not necessary. You might also be requested to provide clarifications or additional information pertaining to your request.

It is possible to request a provisional measure to block the red notice or diffusion pending the examination of your request.

If your application is successful, you will be provided with an official certificate confirming that you are not subject to any red notice or diffusion.

What is the pre-emptive request?

In certain cases, it could be useful to lodge a preventive request with the CCF.

Typically, this can be done if you are aware about the criminal proceedings against you which might result in the circulation of a red notice or diffusion.

Simply put, the preventive request is a warning to the CCF that there might be an abusive attempt to circulate a red notice or diffusion concerning you.

The admissibility criteria for the preventive request are broadly the same as for the deletion/correction request.

Typically, the preventive requests are examined very quickly (within few weeks).

It is essential to note that a preventive request is not a 100% guarantee that the CCF will actually not circulate a red notice or diffusion if so requested by a particular NCB. However, by lodging a preventive request you provide the CCF with pertinent information about the real nature of the criminal proceedings against you, which might result in the refusal to circulate a red notice or diffusion.

How to request the revision of a decision of the CCF?

The decision of the CCF is final and not subject to any appeal.

However, it is possible to request the revision of the decision if there are newly discovered facts that were not known to the CCF at the time when the initial decision was adopted.

How can we help you?

We can provide you with the legal assistance at any stage of proceedings before the CCF:

• information request;
• request for deletion or correction of data;
• preventive request;
• request for revision.

We further offer oral or written legal consultations and opinions as to the chances of success of an application before the CCF and the most suitable strategy depending on particular circumstances of your case.

Based on our extensive successful experience in working with the CCF, we are dedicated to assist our clients with utmost diligence and with the highest standard of legal work.

Please contact us if you need any clarifications relating to our services.