INTERPOL LAWYERS: Red Notices
Geijo & Associates are Interpol Lawyers who specializes in INTERPOL matters and has extensive expertise in this area. Our firm’s Managing Partner, Arantxa Geijo Jiménez, previously served as counsel for the INTERPOL General Secretariat Office of Legal Affairs, which provides us with a privileged level of understanding of INTERPOL’s internal procedures and decision-making process. Our lawyers are qualified in multiple jurisdictions such as Spain, France and New York and can work in several languages. This, combined with our international legal network, allows us to effectively represent clients from across the globe, including those whose case involves several jurisdictions.
The firm has had repeated success in achieving the deletion of Red Notices as well other INTERPOL tools. We have represented numerous high-profile clients around the world, including politically exposed persons. We regularly work with local counsel and authorities to best ensure that we have all relevant information and advise on local measures that can strengthen our clients’ case against the publication of a Red Notice.
INTERPOL Red Notices
What are Red Notices?
The International Criminal Police Organization, ICPO-INTERPOL, is an intergovernmental organization that facilitates international police cooperation. INTERPOL Red Notices are issued at the request of a member country to locate and provisionally arrest a person pending extradition. Understandably, the publication of a Red Notice against an individual has an adverse effect on their liberty, including their freedom of movement as it essentially impedes travel. This is in addition to severe reputational and financial damage and consequent personal and professional repercussions.
Red Notices are by no means the only alert mechanism employed by INTERPOL. Indeed, its system of international notices is comprised of eight different notifications, each published for a specific purpose. Additionally, member countries may circulate a Diffusion through INTERPOL channels. Whilst less formal than Red Notices, Diffusions are issued for the same purposes as notices and may trigger an arrest.
The Commission for the Control of INTERPOL’s Files (CCF) is responsible for ensuring that the processing of personal data by INTERPOL complies with its rules. The CCF is structured in two chambers, namely the Supervisory and Advisory Chamber and the Requests Chamber. Any request for access, correction or deletion must be made to the CCF. In turn, the Requests Chamber will examine and decide on the request.
Grounds for challenge
Red Notices can be challenged on a number of grounds under INTERPOL’s Rules, with INTERPOL’s Constitution being the apex of applicable legal sources. Our vast experience in challenging the publication of Red Notices in complex cases means that we are able to confidently advise on the legal grounds which yield the highest chance of success of a particular request.
- Request for access – Only a minority of Red Notices are published on INTERPOL’s website and, more often than not, individuals subject to a Red Notice only learn of it when crossing a border or upon closure of their bank accounts or other adverse measures. It thus becomes of paramount importance to determine whether INTERPOL is processing any data concerning the individual and, should that be the case, its content. Our aim is to precisely ascertain what data is being held by INTERPOL to accurately challenge its processing.
- Pre-emptive request – If a client believes that they may be subject to a future Red Notice request by a member state, we will submit a pre-emptive request which sets out the unlawfulness of the prospective request to prevent its publication
- Request for deletion – Once a Red Notice has been published, we prepare a formal request for the deletion of the notice, diffusion or any data concerning our clients processed in INTERPOL’s channels.
- Application for revision – In cases where the CCF has decided against the deletion of a Red Notice, and provided that certain criteria are met, we will submit an application for revision of the decision of the CCF.
- Assistance in extradition proceedings – We work with local counsel to prevent our clients’ extradition.