Interpol’s international search: can it be prevented?
Vyacheslav Ivanets, leading lawyer at JUST Advisors
The organization includes 195 countries, including Georgia and Russia.
August 9, 2023
Lawyers of JustAdvisors company have successful experience in eliminating Interpol notification. We provide communication services with the International Police Organization (Interpol - Lyon, France).
The main objective of the International Criminal Police Organization to aggregate international criminal information, to combine the efforts of national law enforcement agencies of the member states in the fight against crime, and to coordinate the international search.
Based on requests and documents of the investigation authorities, an Interpol member states (including Russia and Georgia) send requests for recording in the Interpol Information System the data about the international search of a specific person. After the Interpol General Secretariat agrees to the data processing, the data about the person is recorded and processed in the Interpol database with the assignment and publication of a specific notice of the international search.
It should be noted that although the Interpol bodies have the authority to verify the information provided by a member state before recording and processing the information in its database, it is presumed that the information provided by the NCB is accurate, sufficient and relevant to be recorded and processed in the Interpol database. Using this presumption, some NCBs misuse the Interpol system to prosecute individuals not for the purposes foreseen and permitted by the Organization, for example, with the purpose to exert pressure on individuals through criminal prosecution and international search for political or religious reasons.
Based on requests and documents of the investigation authorities, an Interpol member states (including Russia and Georgia) send requests for recording in the Interpol Information System the data about the international search of a specific person. After the Interpol General Secretariat agrees to the data processing, the data about the person is recorded and processed in the Interpol database with the assignment and publication of a specific notice of the international search.
It should be noted that although the Interpol bodies have the authority to verify the information provided by a member state before recording and processing the information in its database, it is presumed that the information provided by the NCB is accurate, sufficient and relevant to be recorded and processed in the Interpol database. Using this presumption, some NCBs misuse the Interpol system to prosecute individuals not for the purposes foreseen and permitted by the Organization, for example, with the purpose to exert pressure on individuals through criminal prosecution and international search for political or religious reasons.
Preventive request
Even if there is no data about the applicant in the Interpol’s database, but s/he has concerns that the official authorities are conducting or may start criminal prosecution against him/her and use the international search through the Interpol Information System, it is possible and advisable in such cases to file a preventive request with the Commission. The preventive request is filed with the purpose to ensure that upon receipt of a request from the member state for the data about the applicant to be recorded and processed in the Interpol’s database, the Commission does not presume the lawfulness, reliability and correctness of the submitted information and verifies it on compliance with the Organization’s rules and procedures taking into account the arguments of the preventive request.
It should be noted that the Commission accepts such preventive requests and takes into account the applicant’s arguments if and when it receives the relevant request from the member state. It may request the applicant to comment on the request before deciding whether to grant or refuse the member state request on recording and processing the data about the applicant in the Interpol’s Information System.
It is important to get the assistance of a qualified lawyer with relevant experience before contacting the Commission for the Control of Interpol’s Files and submitting the relevant request.
It should be noted that the Commission accepts such preventive requests and takes into account the applicant’s arguments if and when it receives the relevant request from the member state. It may request the applicant to comment on the request before deciding whether to grant or refuse the member state request on recording and processing the data about the applicant in the Interpol’s Information System.
It is important to get the assistance of a qualified lawyer with relevant experience before contacting the Commission for the Control of Interpol’s Files and submitting the relevant request.
Lawyers of JustAdvisors has successful experience of preparation and submission of preventive requests to Interpol. We also provide of the following services in dealing with the police international organization Interpol and the Commission for the Control of Interpol’s Files:
- Preparation and submission of requests for access to the data about the applicant in the Interpol’s database;
- Preparation and submission of requests for temporary suspension of the international search notice and diffusion;
- Preparation and submission of requests for revision of the Commission’s refusal to delete or correct the data;
- Preparation of the expert reports about the violations of the national law and human rights and freedoms in the criminal proceedings in the State of Eastern Europe requesting extradition.
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MARIA GUSEINOVA
Leading Manager of Commercial Department
Leading Manager of Commercial Department