Preventive request to INTERPOL

What is a Preventive Request to Interpol?

A preventive inquiry to Interpol is an official request made by an individual or their Interpol solicitor with the aim of obtaining information regarding the existence or absence of a notice (for example, a red notice ) concerning that individual. This request may also include a plea for such notices not to be issued if they do not comply with Interpol's rules and standards.

Any individual who suspects that remove Interpol red notice may be issued against them can submit a preventive request to Interpol. This can be done by the person themselves or their legal representative, including a solicitor. The primary aim of such a request is to prevent the unjust inclusion of the individual in Interpol's database, which could lead to an international arrest warrant and restrict their freedom of movement.

Interpol preventive request allows an individual to proactively approach Interpol to check for the existence or potential issuance of a Red Notice, as well as to provide evidence proving the unwarranted nature of any possible notice. This is particularly relevant in cases where an individual fears politically motivated persecution or other improper use of Interpol's mechanisms.

Thus, a preventive request can become an effective means of protecting human rights, reducing the risk of arbitrary restriction of freedom and ensuring compliance with international legal standards within the framework of Interpol's activities.

How do You Make Interpol Pre-Emptive Request?

The process of submitting INTERPOL preventive request to Interpol requires meticulous preparation and adherence to all formal requirements. The primary step involves preparing a letter of request, which must be sent to the Interpol General Secretariat located in Lyon, France.

In the letter of enquiry, the grounds for the request must be clearly set out, along with arguments substantiating the illegality or lack of justification for issuing a notice concerning a specific individual. It is important to note that this process requires professional legal support, as not all enquiries may be accepted for consideration.

To submit a request, the individual must:

1. Prepare an official letter of enquiry addressed to the Secretary-General of Interpol, including all the necessary details.
2. Attach documents that verify the basis for the request, such as copies of court decisions, decrees, international agreements, and documents confirming citizenship and place of residence.
3. Provide the contact information of the solicitor or legal representative who will be handling this case.

Thus, a preventive request to Interpol serves as a potent legal tool at any stage, yet its effectiveness directly depends on the professionalism and experience of legal representatives, as well as on meticulous preparation and the gathering of necessary documents.

List of Required Data

When submitting an Interpol pre-emptive request, it is necessary to provide a specific set of data and documents. The main ones include:

1. Applicant's personal details: Full name, date of birth, nationality, current address.
2. Basis for the request: A detailed description of the reasons why the applicant believes that an Interpol notice may be issued against them.
3. Legal documents: Copies of court rulings, decrees, and other documents that can substantiate the applicant's arguments.
4. Contact information of the legal representative: The solicitor representing the applicant's interests must be provided with full contact details, including address, telephone number, and email address.
5. Supporting documents: Evidence confirming that the Red Notice would have been in violation of Interpol's rules, including documents substantiating political persecution or other grounds for protection.

All these documents must be provided in their original form or as notarially certified copies, translated into Interpol's official languages — English or French.

What is the Role of the Interpol Files Control Commission (CCF)?

The Commission for the Control of INTERPOL's Files (CCF) plays a pivotal role in the process of reviewing Interpol pre-emptive requests. The CCF is an independent body responsible for overseeing the adherence to human rights and legality within INTERPOL's operations. Its primary task is to ensure that all notices and requests comply with INTERPOL's rules and regulations, as well as international human rights standards.

When a preventive request is received by Interpol, the CCF reviews it for compliance with the organisation's charter and rules. If the CCF deems that the request meets the requirements, it can initiate the process to prevent the issuance of a Red Notice. Should a Red Notice already exist, the CCF may recommend its cancellation.

A key function of the CCF is also to consider complaints from individuals who believe their rights have been violated in connection with an Interpol notice. This can include instances where the notice was issued on the basis of politically motivated charges, which contravenes Interpol's rules.

When Can the CCF Reject my Request?

Despite the importance and relevance of preventive request, the CCF may reject them in certain cases. The main reasons for rejecting a Interpol pre-emptive request can include:

1. Insufficient evidence: If the applicant has not provided sufficient evidence to substantiate their claim, the CCF may determine that there are no grounds for intervention.
2. Non-compliance with Interpol rules: If a request does not adhere to the established rules and procedures of Interpol, it may be rejected.
3. The political nature of the matter: In accordance with Interpol's constitution, the organisation must not involve itself in matters related to political, military, religious, or racial issues. If a request is associated with one of these categories, the CCF may reject it.
4. Incompatibility with international human rights standards: If the CCF deems that a request contradicts international human rights standards, it may be rejected.

The process of reviewing a preventive request to Interpol can take several months, during which time the applicant and their solicitor may need to provide additional documents and evidence. It's important to understand that even if the request is denied, the applicant has the right to reapply or appeal.

Thus, a preventive request to Interpol is a powerful legal tool that can assist individuals in protecting their rights on the international stage. However, its effectiveness directly depends on the professionalism and experience of legal representatives, as well as on thorough preparation and the collection of necessary documents.

How Interpol Lawyers Can Help With Preventive Requests?

Preventive request is essential for individuals who believe they may be at risk of being the subject of an Interpol notice. Specialized Interpol lawyers provide expert assistance to preemptively safeguard rights and address potential issues that could arise within the Interpol information system. Here’s how these legal professionals can assist with preventive requests:

1. Interpol lawyers can evaluate your specific circumstances to determine if there is a legitimate risk of a Red Notice or any other type of notice being issued.
2. They will prepare and submit preventive requests.
3. Interpol lawyers gather and compile evidence that supports the preventive request, which includes Presenting strong arguments that explain why issuing an Interpol notice would be contrary to international legal standards or Interpol’s regulations and other supporting documents.
4. Lawyers specializing in Interpol cases are well-versed in maintaining continuous communication with Interpol’s General Secretariat and the Commission for the Control of Interpol’s Files (CCF).