Interpol Red Notices and Diffusions

where in a member country. While Red Notices and Interpol Red Notices and Diffusions can serve a legitimate law enforcement pur - pose, they are susceptible to abuse by regimes that use Diffusions: Powerful — them to oppress political dissenters, as well as by countries that treat civil disputes as criminal matters. This article sets out the basic principles of Interpol And Dangerous — Tools of Red Notices and Diffusions, and addresses the practical questions of how to ascertain whether a client is the sub - Global Law Enforcement ject of a Red Notice or Diffusion, and, if so, how to request its cancellation. I. Interpol a. Interpol Generally With 190 member nations, Interpol is the largest client, who has been under investigation in a for - international law enforcement agency in the world. 1 Its eign country, asks counsel if it is safe to travel inter - stated mission is “[p]reventing and fighting crime through nationally, or if there is a risk of arrest and deten - enhanced cooperation on police matters.” 2 It does not A 3 tion even in countries that are not involved in the matter employ its own police force. Interpol assists national law under investigation. That question implicates a powerful enforcement agencies in combating transnational crime tool of global law enforcement known as a “Red Notice,” and terrorism by providing “targeted training, expert and an even more powerful tool called a “Diffusion.” investigative support, relevant data and secure communi - These devices are issued and circulated by and through cations channels.” 4 These tools help local police under - Interpol, the International Criminal Police Organization. stand international trends in criminal activity, and con - A Red Notice, issued by Interpol at the request of a mem - duct multinational investigations and operations. 5 ber country, seeks the arrest of an individual in any of Interpol’s 190 member countries. A Diffusion is a unilat - b. Interpol’s Constitution eral notice from an Interpol member country, often Interpol’s Constitution sets out Interpol’s objectives requesting the arrest of an individual. It is disseminated and general structure. 6 Articles 2 and 3 are key provisions. through Interpol, but lacks the screening that Interpol’s Article 2 states that Interpol aims “[t]o ensure and promote rules require before a Red Notice is issued. Most common - the widest possible mutual assistance between all criminal ly, Red Notices and Diffusions are enforced at points of police authorities within the limits of the laws existing in entry, although in principle they may be enforced any - the different countries and in the spirit of the Universal

BY JACQUES SEMMELMAN AND EMILY SPENCER MUNSON

28 WWW.NACDL.ORG THE CHAMPION Declaration of Human Rights[.]” 7 Article advising Interpol on projects that involve color-coded based on their purpose. 33 3 sets forth Interpol’s principle of neutral - the processing of personal information; Some notices serve a purely information - ity, stating that “[i]t is strictly forbidden and (3) handling requests for access to al function, such as Orange Notices, for the Organization to undertake any Interpol’s files. 22 Red Notices and which “warn of an event, a person, an intervention or activities of a political, Diffusions fall within the CCF’s purview, object or a process representing a serious military, religious or racial character.” 8 as they involve the collection and use of and imminent threat to public safety.” 34 personal information. 23 Green Notices “provide warnings and c. Structure of Interpol Interpol is not subject to national intelligence about persons who have Interpol’s supreme governing body legislation aimed at protecting personal committed criminal offences and are like - is the General Assembly, comprised of privacy, and is generally immune from ly to repeat these crimes in other coun - delegates appointed by each member suit in national courts (including those of tries.” 35 Purple Notices provide (and also nation. 9 The General Assembly meets the United States). 24 Instead, Interpol has seek) information regarding “modi annually to make decisions relating to a set of rules designed to protect individ - operandi, objects, devices and conceal - policy, resources, finances, working ual rights, and the CCF oversees adher - ment methods used by criminals.” 36 methods and programs. 10 Interpol’s ence to those rules. 25 Yellow Notices “help locate missing per - Executive Committee oversees the imple - NCBs are responsible for ensuring sons or … identify persons who are mentation of decisions made by the that any information they provide to unable to identify themselves.” 37 General Assembly. 11 The Executive Interpol’s databases is accurate, relevant The remaining varieties of notices I

Committee is composed of the President, and up to date, and that its processing request information or action from the N

three Vice Presidents and nine Delegates, conforms with the Organization’s network of police forces connected by T 12 38 each from a different member country. Constitution, the NCBs’ respective Interpol. Blue Notices are issued to “col - E The day-to-day operations of Interpol national laws, and international treaties. 26 lect additional information about a per - R are carried out by the General Additionally, the General Secretariat son’s identity, location or activities in P Secretariat, which is headquartered in oversees the NCBs to confirm compliance relation to a crime,” while Black Notices O 27 L

Lyon, France, and which operates 24 with Interpol’s rules and Constitution. request “information on unidentified hours a day, 365 days a year. 13 The The CCF serves as an additional level of bodies.” 39 Red Notices “seek the location R Secretariat also has seven regional offices, compliance oversight, monitoring the and arrest of wanted persons with a view E and maintains liaison offices at the General Secretariat’s actions and han - to extradition or similar lawful action.” 40 D

United Nations in New York and the dling requests from individuals who seek Yellow, Green, Blue and Red Notices N 14

European Union in Brussels. Former access to the information in Interpol’s are submitted through Interpol’s I-Link O

U.S. Treasury Department official databases or who challenge the use or system, a data exchange platform that T 28 Ronald K. Noble, the current Secretary accuracy of that information. enables NCBs to record and access police I General, is charged with running the information contained in I-24/7, C General Secretariat. 15 f. Collection and Use of Interpol’s secure global police network. 41 E S

Personal Information d. National Central Bureaus Interpol has two sets of rules with b. Red Notices and A Each member nation of Interpol respect to obtaining and using personal Diffusions Generally N maintains a National Central Bureau information. The goal of the Rules on the Sometimes characterized as an inter - D (NCB) that acts as a liaison between the Processing of Data (RPD) is to “exchange national “wanted poster,” 42 a Red Notice is D nation’s law enforcement agencies and a maximum of information of interest for a demand by the requesting NCB on all I 16 Interpol. NCBs are the “lifeblood” of the purposes of international police coop - Interpol members to arrest a person F Interpol, contributing to its criminal eration,” while maintaining “due obser - wanted for prosecution or to serve a pre - F U databases, and cooperating in cross-bor - vance of the Organization’s political neu - viously imposed sentence. 43 A database S 17

der investigations and operations. The trality, independence and mandate, and of called Travel Documents Associated With I NCB for the United States is “INTERPOL th[e] [members’] respective national leg - Notices (TDAWN) allows agents at bor - O 29 Washington,” a joint venture of the islations and international conventions.” der points to check passport data against N 44 Department of Justice and the The Rules on the Control of Information Interpol Notices. If a subject of a Red S Department of Homeland Security. 18 Any and Access to Interpol’s Files (RCI) estab - Notice is located, the country in which U.S law enforcement agency, from the lish the authority of the CCF, and allow the subject has been located shall imme - Federal Bureau of Investigation to a local individuals access to personal data con - diately notify the requesting NCB and the police department, seeking to interact tained in Interpol’s databases. 30 General Secretariat, “subject to limita - with Interpol must do so through tions deriving from national law and INTERPOL Washington. 19 II. Red Notices and applicable international treaties,” and shall “take all other measures permitted e. The Commission for the Diffusions under national law and applicable inter - Control of Interpol’s Files a. Notices Generally national treaties, such as provisionally The Commission for the Control of As an international police organiza - arresting the wanted person or monitor - Interpol’s Files (CCF) is an independent tion with a declared vision of “connecting ing or restricting his/her movement.” 45 monitoring body within Interpol that police for a safer world,” Interpol’s pri - Due to Fourth Amendment con - oversees Interpol’s activities. 20 The CCF is mary role is informational. 31 Interpol straints, the United States will not arrest composed of five members, each serving Notices facilitate information-sharing someone solely on the basis of a Red a three-year term. 21 The CCF’s primary and cooperation among police forces of Notice or Diffusion, 46 although various functions are (1) monitoring compliance member nations. 32 Notices are issued by other countries will do so. 47 Assuming the with Interpol’s rules governing the collec - Interpol’s General Secretariat at the requesting country is not hostile to the tion and use of personal information; (2) request of a member nation, and are United States, U.S. agents would notify it

WWW.NACDL.ORG MAY 2014 29 if a subject of a Red Notice was detected In addition, to support the charged with ensuring that Diffusions entering this country. 48 This would allow issuance of a Red Notice, a charge must comply with Interpol’s rules and the requesting country to seek provision - meet a penalty threshold. 63 For a Red Constitution. 71 Requests for issuance of al arrest with a view to extradition, in Notice that seeks a subject for prosecu - Red Notices that are awaiting approval accordance with U.S. law. 49 tion, the charged conduct must be by the General Secretariat are subject in Red Notices may be “public” or “pri - punishable by “a maximum depriva - principle to its oversight, but that over - vate.” Public Red Notices are published on tion of liberty of at least two years or a sight is severely limited by the opera - Interpol’s website. These notices are more serious penalty.” 64 Where the Red tion of I-Link. Because NCBs submit accessible to the public under the Notice is for a subject being sought to Diffusions and requests for Red Notices “Wanted Persons” link on the Interpol serve an imposed sentence, that sen - directly through I-Link, they are homepage. 50 Private Red Notices are tence must be “at least six months of “recorded instantly into the notices that either have not yet been imprisonment” with “at least six Organization’s central database and approved by the General Secretariat, or months of the sentence remaining to immediately accessible to police around that the requesting nation has asked not be served.” 65 the world,” 72 without authorization or be made public on the Interpol website. 51 The General Secretariat has the review by the General Secretariat. They are circulated among the police authority to issue a Red Notice in the forces of member nations via I-Link. 52 absence of these requirements, but only c. Ascertaining Whether a Diffusions are a less formal alert if, “following consultation with the Client is the Subject of a mechanism than Red Notices, but can requesting National Central Bureau or Red Notice or Diffusion S serve a similar function: they can “request international entity, it considers that N the arrest or location of an individual or publication of the requested red notice i. Public Red Notices O

I additional information in relation to a would be of particular importance to Because public Red Notices are pub - 53 66 S police investigation.” Diffusions are pub - international police cooperation.” lished on Interpol’s website, they are easi - 73 U lished on I-Link by the issuing NCB with - A request for issuance of a Red ly accessible. If an individual is subject to F out any review by the General Secretariat. 54 Notice must contain “sufficient identi - a public Red Notice, there will be an entry F

I Thus, the only entity certifying the accura - fiers” of the subject, which requires at on the “Wanted Persons” list in the indi -

D cy of a Diffusion, and its compliance with least one of the following: (1) a photo - vidual’s name that includes basic personal Interpol’s Constitution and rules, is the graph and certain additional data (e.g., information and a photograph. 74 D issuing NCB. 55 Notices (including Red alias, parent names, further physical N Notices) must be disseminated to the description, DNA profile, or finger - ii. Private Red Notices

A 56

entire Interpol network, while Diffusions prints); or (2) family name, given name, And Diffusions

S can be selectively distributed to specific gender, and date of birth (at least year of Determining whether an individ - E NCBs. 57 Otherwise, Diffusions are treated birth), as well as a physical description, ual is the subject of a private Red Notice C like Notices — they are included in various DNA profile, fingerprints, or data con - or a Diffusion is not as simple. In cer - I 67

T databases accessible by local police and tained in identity documents. Further, tain circumstances, a cooperative NCB 58

O border patrol agencies. In 2012, Interpol a Red Notice may only be issued if the might be willing to check I-Link on the

N issued 8,136 Red Notices and disseminated requesting nation has furnished suffi - individual’s behalf. This might be feasi -

20,130 Diffusions. 59 cient factual and legal information per - ble, for example, if the individual has

D taining to the charges, namely: (1) a been granted asylum somewhere, in E i. Requirements for summary of the facts of the case, includ - which case that country’s NCB might R 75

Issuance of a Red Notice ing the time and location of the alleged be willing to assist. In addition, the

L The General Secretariat is responsi - criminal activity; (2) the criminal domestic law of certain countries might

O ble for “checking the compliance of all charges; (3) the laws covering the provide a mechanism for seeking such P notice requests” and “ensuring that pub - offense, including, where possible, the information. INTERPOL Washington R lished notices continue to comply with wording of the relevant provision; (4) has a procedure for submitting requests E

T the conditions for their publication and the maximum penalty, or (in the case of for records under the Freedom of 76

N are regularly assessed by the National a conviction) the sentence imposed and Information Act. These requests, how -

I Central Bureau or international entity the portion of the sentence remaining to ever, only extend to INTERPOL that requested their publication.” 60 For be served; and (5) reference to a valid Washington’s records, not to records issuance of a Red Notice, the offense arrest warrant or a judicial decision hav - maintained by Interpol. 77 charged must be a “serious ordinary-law ing the same effect, and where possible, a In unusual cases, the lawyer might crime,” and cannot raise “controversial copy of the warrant or decision. 68 ask the potential requesting NCB direct - issues relating to behavioural or cultural The General Secretariat must “con - ly. Of course, if the client is not already norms,” or “relat[e] to family/private duct a legal review of all red notices the subject of a Red Notice or Diffusion, matters.” 61 These phrases are not defined prior to their publication to ensure com - such an inquiry might trigger an investi - in Interpol’s rules. Offenses “originating pliance with INTERPOL’s Constitution gation of the client, so this approach from a violation of laws or regulations of and Rules.” 69 In addition, a Red Notice requires extreme caution. an administrative nature or deriving that no longer meets the required stan - Ordinarily, the best option is to from private disputes” are similarly inad - dards of publication must be canceled by submit a request to the CCF for access equate to support issuance of a Red the General Secretariat. 70 to the information contained in Notice “unless the criminal activity is Interpol’s files. 78 If counsel already has aimed at facilitating a serious crime or is ii. The RPD’s Limited reason to believe there is an outstand - suspected of being connected to organ - Application to Diffusions ing Red Notice or Diffusion, he or she ized crime.” 62 Again, these phrases are not And Red Notice Requests can skip the informational step and defined in the rules. The General Secretariat is not request its cancellation. 79

30 WWW.NACDL.ORG THE CHAMPION d. Ascertaining Whether a Red Notice or Diffusion Is in Effect, and Seeking Its Cancellation Checklist for Challenging an i. Submitting a CCF Request Article 9 of the RCI provides that Interpol Red Notice or Diffusion “[a]ny person who so wishes may, freely and free of charge, exercise the right of Ascertain Whether the Client Is the Subject of a Red Notice or Diffusion access to personal information concern - v ing him which has been recorded in • Check the “Wanted Persons” list on Interpol’s Interpol’s files.” 80 This seemingly broad website for a public Red Notice. “right of access” is actually quite limited. 81 • If not listed, request assistance from a Member countries “remain the owners of cooperative NCB (if there is one). information they communicate to • If necessary, submit a request to the CCF for access to INTERPOL and must give permission for information contained in Interpol’s files (see below). its disclosure to requesting parties.” 82 Thus, a subject of a Red Notice or • In unusual circumstances, ask the NCB suspected to have requested a Red Notice or issued a Diffusion I Diffusion has the right to be informed of N to confirm that it has done so. that fact upon request unless the relevant T

NCB refuses to allow Interpol to provide E

Submit a CCF Request R the disclosure. 83 v The Operating Rules of the • Decide whether to ask the CCF to maintain complete P Commission for the Control of confidentiality with respect to the request. O L

Interpol’s Files (the Operating Rules) set • Complete the form “Request for Access to Interpol’s forth the procedures the CCF follows in Databases” available on the Interpol website. R reviewing an individual request for E Provide the following documentation: D access. 84 Individuals can request access to •

information about themselves in — an original letter, in one of Interpol’s four working N

Interpol’s databases by submitting a languages, signed by the subject of the requested O information; one-page form and supporting docu - T 85 mentation to the CCF. This includes — a copy of an identity document for the subject; and I ascertaining whether a Red Notice has C been requested or issued, or a Diffusion — if submitted by a representative of the subject, an E S 86 original power of attorney. disseminated. Applicants may also ask to modify or delete information in the • For requests that challenge information in Interpol’s files, provide: A

87 N files. Requests seeking cancellation of a — detailed reasons for the request; and Notice or Diffusion, also called “chal - D lenges,” are made using the same form as — supporting documentation. D a request for access. 88 • For requests concerning a minor, also provide: I

The CCF reviews each submission to F

— a copy of an identity document for the adult F determine, in the first instance, if the submitting the request; and U request is “admissible.” 89 A request is — documents establishing the relationship between the S admissible if it (1) includes an original, I signed letter explaining the purpose of adult submitting the request and the minor. O the request; (2) is written in one of the • If confirmation of receipt is not received within one month, N organization’s four official languages contact the CCF to ensure the submission arrived. S (English, French, Spanish, or Arabic); (3) comes from the person it concerns, or v Seek Cancellation If Notice Was Requested in Error from that person’s duly authorized repre - or Is No Longer Applicable sentative or legal representative; and (4) is • Ask the issuing NCB to seek cancellation. accompanied by a copy of an identity document for the person who is the sub - • If the issuing NCB refuses to seek cancellation, submit ject of the request. 90 If the request comes a request for cancellation to the CCF. from a duly authorized representative of • If possible, ask a supportive NCB to report the the subject, it must be accompanied by an matter to the General Secretariat. original power of attorney authorizing access to the information recorded in v If a Client’s Request Is Denied by the CCF, Request Interpol’s files. 91 If the request is submit - Re-Examination If Grounds Exist ted by a legal representative, it must • The request for re-examination must be based on a include a statement to that effect. 92 newly discovered fact that probably would have led to If the CCF determines the request a different conclusion. is inadmissible, it must inform the applicant and provide the reasons for its decision. 93

WWW.NACDL.ORG MAY 2014 31 If the request is admissible, the CCF matters,” 98 or that are based on offenses would probably have led to a different TWO SEMINARS — SAME DATE — ONE GREAT LOCATION! will perform a “detailed assessment” of “originating from a violation of laws or conclusion if that fact had been known the request. 94 The CCF will evaluate com - regulations of an administrative nature or at the time the request was processed,” pliance with Interpol’s Constitution and deriving from private disputes.” 99 the party can apply for re- rules, which mandate, inter alia, respect Confidentiality can be an important examination. 109 for “the basic rights of individuals in con - strategic consideration. Interpol repre - Once the CCF has concluded its formity with … the Universal sents that requests by individuals are not assessment, it issues its recommendation Declaration of Human Rights,” 95 avoid - recorded in its databases, and are not to the General Secretariat. 110 The General ance of “any intervention … of a political, accessible by NCBs. 100 While performing Secretariat is not bound by that recom - military, religious or racial character,” 96 the assessment, however, the CCF can mendation, but will typically follow it. 111 and compliance with international con - solicit additional information from the In the event of a disagreement between ventions and domestic law. 97 If the request requesting person and from the relevant the General Secretariat and the CCF, the involves a Red Notice, the CCF will also NCB. 101 Interpol assures that the NCB CCF may bring the dispute before the assess compliance with Article 83 of the will not be contacted if the applicant Executive Committee of Interpol. 112 RPD, which prohibits the issuance of Red explicitly requests complete confiden - This, however, is highly unusual. 113 Notices that raise “controversial issues tiality. 102 Likewise, if the CCF is “bound relating to behavioural or cultural to communicate certain items of infor - 1. Required Forms and Documents. norms,” that “relat[e] to family/private mation to the INTERPOL General The CCF provides a one-page form on Secretariat or to the entities concerned, its website for requesting access to and S in order to be able to process the deletion of information contained in N AFFILIATE NEWS request” it will do so unless explicitly Interpol’s files. 114 The form is also used O Continued from page 13

I forbidden from such communication by for requesting cancellation of a Red 103 115 S the applicant in his or her request. Not Notice or Diffusion. In addition to

U the bloodstream must be restricted to surprisingly, such a prohibition “may be basic information about the applicant, F psychoactive metabolites in order to detrimental to the requesting party, as it the form requires the applicant to set F

I avoid absurd results. And in a fourth restricts the CCF’s ability to successfully forth the reasons for the request, and to 104 116 D case, State v. Whitman , the court process the request.” provide supporting documents. appointed AACJ as amicus curiae to In some instances, it will not be a D argue the case for the defense bar. For secret that a client has been targeted by a 2. Basis for Relief. A request for N more information, contact AACJ’s particular member nation. In such cases, cancellation of a Red Notice or A

Executive Director Max Bessler at the fact of the application will probably Diffusion may be based on Interpol’s 117 S 480-812-1700 or email not need to be kept confidential, but Constitution and/or the RPD. E [email protected]. some of the information the client sup - Constitutional arguments can include a C plies the CCF might not be known to the violation of Article 2, which identifies I

T MACDL Creates member nation, and should be kept con - Interpol’s go al of promoting police

O Advocacy Network fidential. Interpol states that, if so cooperation consistent with the spirit of

N The Massachusetts Association of requested, the CCF “never shares per - the Universal Declaration of Human

Criminal Defense Lawyers (MACDL) sonal or confidential information with Rights (the Declaration), or of Article 3,

D has created a statewide Witness NCBs that is not already known by the which prohibits Interpol’s involvement E Advocacy and Representation NCBs, such as elements of identification in matters of a political, military, reli - R 105 118

Network (WARN) designed to pro - or location of the subject.” gious, or racial nature.

L vide pro bono legal representation for In other cases, the client might not When an individual claims the

O individuals who are contacted by law be sure if he or she is a target, and would information contained in Interpol’s files, P enforcement agents for questioning want full confidentiality (including as to or a Red Notice issued on the basis of R or interrogation. This network, the the fact of the application) to avoid trig - that information, violates Article 3, the E

T first of its kind in the United States, gering interest where none may exist. In CCF applies the “predominance test” to 119

N will make prompt referral of cases to such a case, the need for complete confi - assess the claim. Under this test, the

I volunteer local attorneys — an dentiality might outweigh the risk that CCF evaluates the ordinary criminal law important and crucial step to closing the CCF will be unable to process the aspects of the case and the Article 3 the gap in the provision of legal rep - request. Each case requires its own eval - aspects, determining which predomi - resentation in the criminal justice uation. nates. 120 The CCF will recommend can - system. It will address the inherent The rules do not specify the burden cellation of a Red Notice, or deletion of inequity of the current system where - of proof the applicant is required to information in Interpol’s files, where the in only individuals with adequate meet in order to have information mod - Article 3 aspects of the case predomi - means are able to protect their rights ified or deleted, or to have a Red Notice nate. 121 In an Article 3 assessment, all rel - when confronted by law enforcement or Diffusion canceled. The CCF does not evant information is examined, includ - agents. WARN has been in operation publish the standards it applies and does ing the following nonexclusive factors: for less than a month and has already not promulgate its decisions or the rea - (1) the nature of the offense, specifically assigned counsel to two witnesses. soning in individual cases. 106 If the the charges and relevant facts; (2) the For more information, contact request is rejected in whole or in part, status of the individual concerned; (3) MACDL’s President Elizabeth A. Lunt however, the CCF must explain its rea - the identity of the source of the informa - at 617-742-6020 or email sons to the requesting party. 107 tion; (4) the position taken by a member [email protected]. n There is no right of appeal from a nation or authorized international enti - CCF decision, 108 but if the requesting ties apart from the source of the infor - party has “discover[ed] … a fact which mation; (5) the obligations under inter -

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Guest(s)/children ______www.nacdl.org/cle Fax to 202-872-8690 Caesars Palace Hotel & Casino, Las Vegas, NV | September 11 - 13, 2014 national law; (6) the implications on protect the customs and beliefs of native subjected to torture or inhuman treat - Interpol’s neutrality; and (7) the general West Papuans legally and peacefully. 128 ment, Wenda argued that the Red Notice context of the case. 122 In 2002, Wenda was arrested by was inconsistent with the “spirit” of the The General Secretariat maintains a Indonesian authorities and, after being Declaration and thus violated Article 2 repository of practice on the application detained for over two months, was of Interpol’s Constitution. 140 of Article 3 that is available to NCBs. 123 A charged with inciting an attack on a cooperative NCB might be willing to police station which resulted in multi - 3b. Violation of Article 3 — provide access to the repository, which ple deaths. 129 Wenda denies culpability, Prohibition on Interventions of a could be a useful source of information. and says he was detained, tortured, Political, Military, Religious or Racial Arguments under the RPD will usu - and solicited for bribes by the Character. Wenda also invoked Article 3 ally be based on one or more of Articles Indonesian judge and prosecutor of Interpol’s Constitution, which pro - 5(3), 11, 12, 76 and 83. Article 5(3) pro - before escaping and fleeing to the hibits Interpol from engaging in activi - vides that information collected by United Kingdom. 130 The U.K. granted ties “of a political, military, religious or Interpol should be processed with “due Wenda political asylum. 131 racial character.” 141 Wenda argued that observance” of Interpol’s political neu - In the U.K., Wenda created the Free the charges against him were politically trality and relevant national laws and West Papua campaign, a nonviolent motivated, citing the abuse he suffered international conventions. Article 11 international movement promoting the during his pretrial detention; the fact requires Interpol to use data “with due independence of West Papua. 132 His that he was not indicted until two regard for the law applicable to” the activism required significant interna - months into his detention; the absence S requesting NCB, and to “respect the tional travel, which became nearly of key witnesses at trial and the admis - N basic rights” of the subject of the Red impossible when Wenda learned that, at sion by the court of written statements O

I Notice or Diffusion, in accordance with Indonesia’s request, Interpol had issued without an opportunity for cross-exam - 133 S Article 2 of Interpol’s Constitution and a Red Notice for him in 2011. On April ination; and the solicitation to bribe the 142 U the Declaration. Article 12 provides that 24, 2012, Fair Trials International filed judge and prosecutor. Wenda noted F data processed by Interpol must be an application on Wenda’s behalf with that the U.K. would have denied his F

I “accurate, relevant, not excessive in rela - the CCF, seeking to cancel the Red request for asylum had there been suffi - 134 D tion to their purpose and up to date[.]” Notice. In August 2012, Interpol can - cient evidence he was guilty of the Article 76 states that Interpol is not celled the Red Notice. 135 Wenda’s applica - crimes charged. 143 D required to issue a Notice if doing so tion, discussed below, was premised Wenda also argued that the real N “could prejudice the Organization’s largely on violations of Articles 2 and 3 objective of the Red Notice was to A

image or interests.” of Interpol’s Constitution. impair his ability to travel, and thereby

S Article 83 imposes specific require - eliminate his ability to engage in politi - E ments for issuance of a Red Notice, 3a. Violation of Article 2 — cal activism outside the U.K., and that C including minimum penalty thresholds Infringement of The Declaration. this was a politically motivated abuse of I 144

T for the underlying offense, the provision Wenda invoked Article 2 of Interpol’s Interpol’s notice system.

O of personal information sufficient for Constitution, which provides that

N law enforcement to identify the subject, Interpol aims to “ensure and promote 3c. Compliance With Obligations

and restrictions on the use of Red the widest possible mutual assistance of Domestic And International Law.

D Notices in conjunction with private dis - between all criminal police authorities Although the RPD was not yet in effect E putes, family matters, administrative within the limits of the laws existing in at the time of Wenda’s application, R

offenses, and violations of cultural or the different countries and in the spirit Wenda made an argument that could

L behavioral norms. This Article is fre - of the Universal Declaration of Human now be made under Article 5(3), which 136 O quently ignored, as Red Notices have Rights.” Wenda argued that the Red requires that member nations process P been issued in connection with mort - Notice violated Articles 12 and 19 of the information in Interpol’s databases R gage loan defaults and other commercial Declaration by causing an “arbitrary “with due observance of … their E 124

T disputes. Any such abuses should be interference with [his] privacy, family, respective national legislations and

N contested vigorously before the CCF. home … [and] correspondence”; by international conventions to which

I 3. Benny Wenda’s Successful “attack[ing] … his honour and reputa - they are parties.” 145 Wenda argued that Application for Cancellation of a Red tion”; and by violating his “right to free - his trial failed to comply with interna - Notice. Although Interpol’s website dom of opinion and expression.” 137 tional conventions to which Indonesia does not provide sample applications, Wenda also argued that the Red was a party. 146 Fair Trials International, a not-for- Notice violated Article 5 of the Wenda’s application was granted, profit legal organization in the United Declaration by exposing him to the risk but the CCF did not reveal which of his Kingdom, has submitted a number of of future “torture or … cruel, inhuman arguments it considered most effective. CCF requests and has made two of or degrading treatment or punishment” Nevertheless, the Wenda application those requests available on its website. 125 in Indonesia. 138 Wenda’s application provides a useful example of a successful One of these applications, that of detailed the ill-treatment he suffered challenge to a Red Notice. Benny Wenda, resulted in the while detained in Indonesia, and cited cancellation of a Red Notice. 126 reports from Human Rights Watch, 3d. Prejudice to Interpol’s Image Wenda is an activist from West Amnesty International and the United and Interests. Interpol has been criti - Papua, an area of New Guinea that is Nations, which documented the contin - cized for its willingness to assist nations considered part of Indonesia. 127 Wenda uing abuse against West Papuan that have questionable human rights served as Secretary-General for the tribal activists. 139 Because the Red Notice records or a history of abusing the Red assembly representing the West Papuan would assist in returning him to a nation Notice system. 147 In a suitable case, people, an organization that seeks to where there was a real risk he would be Article 76 of the RPD enables counsel to

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N O T I C argue that Interpol is prejudicing its Within one month of its determination, announced that his lawyers would file a E the CCF is required to send the General S image and interests by allowing a mem - request with the CCF to have the Red ber nation with a poor human rights Secretariat a report containing its Notice canceled. 160 About one year later, A 155 record to maintain a Red Notice or recommendations. The General Interpol canceled the Red Notice. 161 In its N Diffusion against the client. 148 Secretariat then has one month to reject communication with Harrath, Interpol D those recommendations before the stated that “after re-examining all the D 4. Timeline for CCF Challenge. report becomes final. 156 information in the file,” it “considered that I

There is no published timeline for Anecdotal evidence, gathered from the proceedings against [him] were pri - F deciding a request for information or a well-publicized cases involving requests marily political in nature.” 162 The Red F challenge to information contained in for Red Notice cancellation, provides fur - Notice had been in effect for 20 years. U S

Interpol’s files. The CCF’s Operating ther insight into the timeline of a CCF I Rules state that the CCF processes request. These cases, however, might not 4b. Petr Silaev. For Russian activist O requests in the order received, reserving be fully representative, as most applica - Petr Silaev, the CCF challenge process N the right to “decide to give priority to a tions do not receive the kind of media took about five months, but was unsuc - S particular request.” 149 The CCF is attention these cases received. It appears cessful. In July 2010, Silaev participated required to acknowledge receipt of a that publicity and political support can in a demonstration protesting construc - request within one month of its have an effect on Interpol. tion of a highway through the Khimki submission, 150 and, as a threshold matter, forests near Moscow. 163 After seeing his the CCF Secretariat must determine 4a. Mohamed Ali Harrath. Mohamed fellow protestors arrested by Russian whether the request is admissible. 151 If it Ali Harrath, a political dissident who police, Silaev fled in April 2012, and was is, the CCF Secretariat makes a “detailed endured imprisonment and torture for granted asylum in Finland. 164 Russia cir - assessment of the request by reference to campaigning against President Ben Ali’s culated a Diffusion requesting Silaev’s the Organization’s Rules” and submits a regime in Tunisia, became the subject of a arrest, and in August 2012 Spain summary of the case to a CCF session Red Notice in 1992. 157 He fled to the detained Silaev. 165 Spain, however, for consideration and United Kingdom, where he lived in exile refused to extradite him, concluding recommendations. 152 The CCF, however, until his arrest in South Africa in January that the Russian charges were politically meets only three times a year. 153 Thus, 2010 based upon the Red Notice. 158 motivated. 166 Nevertheless, the Diffusion depending on the number of requests, 154 Extradition proceedings were instituted, remained in effect. 167 On May 20, 2013, it could be months before the CCF but after the Tunisian government failed Fair Trials International filed a request Secretariat makes an admissibility to provide evidence in support of the with the CCF to have the Diffusion can - decision, and more months before the charges, the South African court dis - celed and information in Interpol’s files CCF evaluates the merits of the request. missed the case. 159 Harrath then regarding Silaev deleted. 168 On Oct. 25,

WWW.NACDL.ORG MAY 2014 35 2013, Interpol denied the request, stat - financial and visa-related penalties on believes the Red Notice or Diffusion ing that “there is no reason to believe Russian citizens who have committed was simply requested in error, the most that the retention of information [relat - human rights violations. direct route for its cancellation is ing to Silaev] in INTERPOL’s files Browder was already well known through the NCB that applied for it. 178 would not be in compliance with before his dispute with Russia. The The requesting NCB must withdraw its INTERPOL’s rules.” 169 high-profile nature of the dispute, how - request and ask the General Secretariat ever, was likely a factor in Interpol’s to cancel the Notice immediately when: 4c. William Browder. William decision to cancel the Blue Notice with - (1) the purpose of the request has been Browder, a British investment banker, in one month of his request for its can - achieved; (2) the alert is linked to and became the subject of a Blue Notice in cellation. 175 Interpol released a rare dependent upon another request May 2013 after campaigning against public statement about its decision, whose purpose has been achieved; (3) human rights abuses by the Russian explaining that the CCF had “conclud - the NCB no longer wishes to maintain government. 170 Although Blue Notices ed … the case was of a predominantly the request; or (4) the notice no longer (which seek information about the political nature.” 176 Later, when the meets the conditions for publication. 179 identity, location, or activities of an Russian Federation sought the issuance NCBs can seek cancellation of request - individual in relation to a crime) differ of a Red Notice against Browder, ed notices at any time, and should do from Red Notices, the procedure for Interpol again responded publicly, so when the subject of the notice has seeking their cancellation is identical. 171 announcing its refusal to “be used by served his or her sentence or has been Interpol canceled the Blue Notice with - the Russian Federation to seek the acquitted. 180 If the NCB refuses to with - S in one month of Browder’s request. 172 arrest of Mr. William Browder.” 177 draw its request and ask for cancella - N Browder had become a human tion, the attorney should submit a O

I rights activist following the death of his ii. Seeking Relief From the request for cancellation to the CCF,

S accountant, Sergei Magnitsky, in a NCB That Requested the supported by documentation showing 173 U Russian prison. Magnitsky had been Red Notice or Diffusion that cancellation is required. F arrested after exposing a corruption There are other potential avenues If the underlying arrest warrant is F 174 I scheme by the Russian government. for challenging a Red Notice or based on inaccurate information, or is

D Browder became a proponent of a bill, Diffusion. If the client has been acquit - otherwise susceptible to challenge in the the U.S. Magnitsky Law, which imposes ted, has served his or her sentence, or issuing country, counsel should work D N

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$ Total Experience Something Better! with local counsel to challenge the arrest Committee cannot resolve the issue, it is http://www.interpol.int/About-INTERPOL/ warrant in order to have it withdrawn or submitted to the General Assembly. 186 Structure-and-governance/National-Central- vacated. In turn, this would require can - While the dispute is pending, the support - Bureaus (last visited May 1, 2014). cellation of the Red Notice or Diffusion ive NCB can request that the General 17 . Id. based on the arrest warrant. 181 Secretariat apply interim measures to pre - 18 . About INTERPOL Washington , THE vent the Red Notice or Diffusion from UNITED STATES DEPARTMENT OF JUSTICE , iii. Working With a Supportive being circulated among member nations http://www.justice.gov/interpol-washington/ NCB to Cancel a Red or published on Interpol’s website. 187 about.html (last visited May 1, 2014). Notice Or Diffusion 19 . See id. Under certain circumstances, the Conclusion 20 . Commission for the Control client’s most powerful ally might be a sup - of INTERPOL’s Files , INTERPOL, portive NCB. For example, if the client has A client might have good reason to http://www.interpol.int/About-INTERPOL/ been granted asylum, counsel might ask be concerned about international travel, Structure-and-governance/Commission-for- the asylum country’s NCB to help chal - as many countries will arrest and detain the-Control-of-INTERPOL’s-Files (last visited lenge the Red Notice or Diffusion. the subject of a Red Notice or Diffusion. May 1, 2014). Pursuant to Articles 24, 25 and 135 of There are steps that can be taken to try to 21 . See INTERPOL’s Rules on the Control the RPD, the General Secretariat may ascertain whether the client is the subject of Information and Access to INTERPOL’s Files , delete information in its databases, includ - of a Red Notice or Diffusion, and, if so, to INTERPOL (Feb. 15, 2010), at arts. 2–3, avail - ing cancelling Red Notices or Diffusions, try to have it canceled. Nevertheless, the able at http://www.interpol.int/Media/ S based on data obtained from another challenges are substantial. Files/Legal-material/Reference- N NCB. 182 A supportive NCB can report a Documents/Rules-on-the-Control-of- O

I defect in the information used to support Notes Information-and-access-to-INTERPOL’s-

S the Red Notice or Diffusion, identify any 1. Overview , INTERPOL, http://www. Files-RCI.

U impropriety in the charges or the prosecu - interpol.int/About-INTERPOL/Overview (last 22 . Id. at art. 1. F tion, or otherwise question compliance visited May 1, 2014). 23 . See INTERPOL’s Rules on the F 183 I with Interpol’s Constitution and rules. 2. Vision and mission , INTERPOL, Processing of Data , INTERPOL (Mar. 14,

D The General Secretariat is charged with http://www.interpol.int/About-INTERPOL/ 2013), art. 18, available at http:// ensuring that disputes between NCBs are Vision-and-mission (last visited May 1, www.interpol.int/Media/Files/Legal-mater - D solved by “concerted consultation.” 184 If 2014). ial/Reference-Documents/INTERPOL’s- N that fails, the matter is referred to the 3. See INTERPOL FAQs , INTERPOL, Rules-on-the-Processing-of-Data.

A 185

Executive Committee. If the Executive http://www.interpol.int/FAQs (last visited 24 . See Compliance with the rules ,

S May 1, 2014). INTERPOL, http://www.interpol.int/About-

E 4. See Overview , supra note 1. INTERPOL/Legal-materials/Compliance- C 5. Id. with-the-rules (last visited May 1, 2014); see I

T 6. The Constitution , INTERPOL, also Mario Savino, Global Administrative Law

O http://www.interpol.int/About-INTERPOL/ Meets ‘Soft’ Powers: The Uncomfortable Case NT L

N Legal-materials/The-Constitution (last visit - of Interpol Red Notices , 43 N.Y.U. J. I ’ L. &

ed May 1, 2014). POL . 263, 272 & n. 22 (2011); Catherine Heard

D 7. Interpol Constitution and General & Alex Tinsley, The Power of the Interpol Red E Regulations , INTERPOL (Oct. 15, 2008), Notice , 28 No. 8 INT ’L ENFORCEMENT L. R EV . 299 R

art. 2, available at http://www.interpol.int/ (2012). By Executive Order dated June 16,

L Media/Files/Legal-material/Reference- 1983, President Ronald Reagan granted

O Documents/Constitution-and-General- Interpol immunity from suit in the United

P Regulations (internal quotation marks States. See Exec. Order No. 12425, 48 Fed. R omitted). Reg. 28069 (June 16, 1983). E 8. Id. at art. 3. 25 . See Compliance with the rules , supra T 9. Structure and governance , INTERPOL, note 24. N Where Do You

I http://www.interpol.int/About- 26 . See INTERPOL’s Rules on the Processing INTERPOL/Structure-and-governance (last of Data , supra note 23, at arts. 11–12. Find The Time? visited May 1, 2014). 27 . Id. at arts. 10(4), 12(3). 10 . Id. 28 . See Compliance with the rules , CLE on the go 11 . Id. supra note 24. 12 . Executive Committee , INTERPOL, 29 . INTERPOL’s Rules on the Processing Any time; Any place http://www.interpol.int/About- of Data , supra note 23, at art. 5(3). INTERPOL/Structure-and-governance 30 . See INTERPOL’s Rules on the Control /Executive-Committee (last visited May 1, of Information and Access to INTERPOL’s Files , 2014). supra note 21. 13 . Id. 31 . See Overview , supra note 1. 14 . General Secretariat , INTERPOL, 32 . Notices , INTERPOL, http://www. http://www.interpol.int/About- interpol.int/INTERPOL-expertise/Notices INTERPOL/Structure-and-governance/ (last visited May 1, 2014). General-Secretariat (last visited May 1, 33 . Id. 2014). 34 . Id. Scan Here For More Information Online 15 . Id. 35 . Id. 16 . National Central Bureaus , INTERPOL, 36 . Id.

38 WWW.NACDL.ORG THE CHAMPION I N T E R P O L

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37 . Id. reports/plus/a0935/final.pdf. 72 . See Data exchange , supra note 41. E S

38 . Id. 49 . See 18 U.S.C. § 3184 (2012). 73 . See INTERPOL, supra note 50. 39 . Id. 50 . See INTERPOL, http://www.inter - 74 . See , e.g. , Pashchenko, Denys , INTER - A 40 . Id. pol.int/en (last visited May 1, 2014). POL, http://www.interpol.int/notice/search/ N 41 . See Data exchange , INTERPOL, 51 . See FAQs , INTERPOL, http://www. wanted/2014-5929 (last visited May 1, 2014). D

http://www.interpol.int/INTERPOL-expertise/ interpol.int/FAQs (last visited May 1, 2014). 75 . See Catherine Heard & Alex Tinsley, D Data-exchange/I-link (last visited May 1, 52 . See Data exchange , supra note 41. supra note 24, at 299. I

2014). 53 . See Notices , supra note 32. 76 . Make a FOIA Request to DOJ , UNITED F 42 . See Interpol: Julian Assange ‘Red 54 . See Data exchange , supra note 41; STATES DEPARTMENT OF JUSTICE , http://www.jus - F U Notice’ Issued , THE HUFFINGTON POST (Nov. 30, see also Notices , supra note 32. tice.gov/oip/foia-request.html (last visited S

2010), available at http://www.huffington - 55 . See INTERPOL’s Rules on the May 1, 2014); see also Interpol Washington I

post.com/2010/11/30/interpol-julian- Processing of Data , supra note 23, at art. 99(2). FOIA , UNITED STATES DEPARTMENT OF JUSTICE , O

assange-r_n_790157.html. 56 . See id. at art. 99(3). http://www.justice.gov/interpol-washing - N

43 . See INTERPOL’s Rules on the 57 . See id. ; see also Notices , supra note ton/foia.html (last visited May 1, 2014). S Processing of Data , supra note 23, at art. 82. 32. 77 . INTERPOL Washington FOIA , supra 44 . Annual Report 2012 , INTERPOL, at 13, 58 . See Audit Report 09-35 , supra note note 76. available at http://www.interpol.int/con - 48, at xiii, xvi. 78 . The CCF is responsible for guaran - tent/download/20552/185413/version/5/fil 59 . Annual Report 2012 , supra note 44, teeing the right of individuals to access per - e/Annual%20Report%202012_EN_i.pdf. at 32. sonal information contained in Interpol’s 45 . See INTERPOL’s Rules on the Processing 60 . See INTERPOL’s Rules on the files. See INTERPOL’s Rules on the Processing of Data , supra note 23, at art. 87(a). Processing of Data , supra note 23, at art. 73. of Data , supra note 23, at art. 18; see also 46 . See Interpol Washington Frequently 61 . Id. at art. 83(1)(a). Access to INTERPOL’s Files , INTERPOL, Asked Questions , UNITED STATES DEPARTMENT OF 62 . Id. http://www.interpol.int/About-INTERPOL/ JUSTICE , http://www.justice.gov/interpol- 63 . Id. Structure-and-governance/CCF/Access-to- washington/faqs.html (last visited May 1, 64 . Id. INTERPOL’s-files (last visited May 1, 2014). 2014). 65 . Id. 79 . CCIF Application-Benny Wenda , FAIR 47 . See , e.g. , Catherine Heard & Alex 66 . Id. at art. 83(1)(b). TRIALS INTERNATIONAL (Apr. 24, 2010), at 1, avail - Tinsley, supra note 24, at 299. 67 . Id. at art. 83(2)(a). able at http://www.fairtrials.org/documents/ 48 . See Audit Report 09-35 , UNITED STATES 68 . Id. at art. 83(2)(b). CCIF_Application_-_Benny_Wenda.pdf DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR 69 . Id. at art. 86. (“The Wenda Red Notice was removed from GENERAL AUDIT DIVISION (Sep. 2009), at xiii, 70 . Id. at art. 81(c). the public website on or around 20 April available at http://www.justice.gov/oig/ 71 . Id. at arts. 97–100. 2012. However, it is assumed that it remains

WWW.NACDL.ORG MAY 2014 39 a live notice on the restricted network.”). 93 . Id. visited May 1, 2014) . 80 . INTERPOL’s Rules on the Control of 94 . See CCF FAQs , supra note 88. 125 . Legal Interventions , FAIR TRIALS Information and Access to INTERPOL’s Files , 95 . Interpol Constitution and General INTERNATIONAL , http://www.fairtrials.org/publi - supra note 21. Regulations , supra note 7, at art. 2. cations/legal-interventions/ (last visited May 81 . See Access to INTERPOL’s files , supra 96 . Id. at art. 3. 1, 2014) (follow hyperlinks for “Benny Wenda note 78. 97 . See INTERPOL’s Rules on the CCIF application” and “Petr Silaev CCIF appli - 82 . Id. The rule does not apply when Processing of Data , supra note 23, at art. 11(1). cation”). the requesting party proves he or she 98 . See id. at art. 83(1)(a). 126 . See Benny Wenda Has Abusive Red already knows the information exists in 99 . Id. Notice Removed , FAIR TRIALS INTERNATIONAL , http: Interpol’s files or the information has 100 . See Access to INTERPOL’s Files , //www.fairtrials.org/press/benny-wenda-has- become public. Id. supra note 78; see also Operating Rules of the abusive-red-notice-removed/ (last visited 83 . See id. In his speech at the 82nd Commission for the Control of Interpol’s Files , May 1, 2014). Session of Interpol’s General Assembly in supra note 84. 127 . Spotlight Benny Wenda , FAIR TRIALS October 2013, current Chairman of the CCF 101 . See Operating Rules of the INTERNATIONAL , at 1 (2012), http://www.fairtri - Billy Hawkes indicated that cooperation by Commission for the Control of Interpol’s Files , als.org/documents/Benny_Wenda_spot - NCBs with individual requests is “forthcom - supra note 84, at art. 20. light.pdf. ing” in most cases and that “[w]here NCBs 102 . Id. 128 . Id. do not cooperate, the Commission’s 103 . Id. 129 . CCIF Application-Benny Wenda , approach is to recommend at least block - 104 . CCF FAQs , supra note 88. supra note 79, at 1; see also Ian Johnston, S ing, and often deletion, of the information.” 105 . See CCF FAQs , supra note 88. Interpol Faces Legal Threat for Helping N Billy Hawkes, Chairman, Commission for the 106 . Id. Oppressive Regimes Hunt Dissidents , WORLD O

I Control of Interpol’s Files, Presentation of 107 . See Operating Rules of the NEWS NBC (Jan. 23, 2012), available at

S the Annual Report of the CCF to General Commission for the Control of Interpol’s Files , http://worldnews.nbcnews.com/_news/20

U Assembly at the 82nd Session (October supra note 84, at art. 13(2). 12/01/23/10167327-interpol-faces-legal- F 2013), at 3, (transcript available at 108 . See CCF FAQs , supra note 88. threat-for-helping-oppressive-regimes- F

I http://www.interpol.int/content/down - 109 . Operating Rules of the Commission hunt-dissidents?lite.

D load/21979/206899/version/1/file/GA2013 for the Control of Interpol’s Files , supra note 130 . See Ian Johnston, supra note 126. -Speech%20delivered%20by%20Mr%20H 84, at art. 19(1). 131 . See Spotlight Benny Wenda , supra D awkes.pdf). 110 . See id. at arts. 41(1)–(2). note 124, at 2. N 84 . See Operating Rules of the 111 . See id. at arts. 41(3), 43(1); see also 132 . Id. A

Commission for the Control of Interpol’s Files , Rules on the Control of Information and 133 . Id. ; see also CCIF Application-Benny

S INTERPOL (Oct. 31, 2008), art. 2, available at Access to INTERPOL’s Files , supra note 21, at Wenda , supra note 79, at 7.

E http://www.interpol.int/Media/Files/CCF/D art. 6(b). 134 . See CCIF Application-Benny Wenda , C ocuments/Operating-Rules. 112 . Id. supra note 79, at 1. I

T 85 . See Access to INTERPOL’s Files , supra 113 . See id. ; see also Annual Activity 135 . Leah Hyslop, Benny Wenda HE O note 78. Report of the CCF for 2010 , INTERPOL (Nov. Removed From Interpol ‘Wanted’ List , T ELEGRAPH

N 86 . See Interpol, Red Notices and 2011), at § 7.2.1, available at http://www. T (Aug. 7, 2012), available at http:

Diffusions , FAIR TRIALS INTERNATIONAL , at 8 interpol.int/content/download/13104/9146 //www.telegraph.co.uk/expat/expatnews/9

D (September 2013), available at http://www. 4/version/4/file/ccf2010.pdf. 458223/Benny-Wenda-removed-from- E fairtrials.org/wp-content/uploads/Fair- 114 . Access to INTERPOL’s Files , supra Interpol-wanted-list.html. R

Trials-International-INTERPOL-Note-of- note 78. 136 . Interpol Constitution and General

L Advice.pdf (providing language from a 115 . See CCF FAQs , supra note 88; see Regulations , supra note 7, at art. 2.

O sample CCF response that states: “The also Request for Access to INTERPOL’s 137 . See CCIF Application-Benny Wenda ,

P Commission has been authorised by the Databases , supra note 88; CCIF Application- supra note 79, at 6–7; see also Universal R National Central Bureau of [country] to Benny Wenda , supra note 79. Declaration of Human Rights, G.A. Res. 217 (III) E inform you that you are wanted by virtue of 116 . See Request for Access to INTER - A, U.N. Doc. A/RES/217(III) (Dec. 10, 1948), T an arrest warrant dated [date] issued by POL’s Databases , supra note 88. arts. 12, 19. N

I [the relevant court]. This arrest warrant is 117 . See CCF FAQs , supra note 88. 138 . See CCIF Application-Benny Wenda , the basis for a [Diffusion / Red Notice] 118 . Id. ; see also CCIF Application-Benny supra note 79, at 7–8; see also The Universal issued against you.”). Wenda , supra note 79. Declaration of Human Rights, supra note 87 . See Request for Access to INTERPOL’s 119 . See CCF FAQs , supra note 88. 134, at art. 5. Databases , INTERPOL, available at http:// 120 . Id. 139 . CCIF Application-Benny Wenda , www.interpol.int/Media/Files/CCF/Documen 121 . See id. ; see also , e.g. , INTERPOL state - supra note 79, at 7, 10. ts/Form-for-request-for-access-to-INTER - ment following decision by independent 140 . Id. at 7. POL’s-databases (last visited May 1, 2013). Commission for the Control of INTERPOL’s 141 . Interpol Constitution and General 88 . See CCF FAQs , INTERPOL, Files , INTERPOL (May 24. 2013), available at Regulations , supra note 7, at art. 3. http://www.interpol.int/About-INTERPOL/ http://www.interpol.int/News-and-media/ 142 . CCIF Application-Benny Wenda , Structure-and-governance/CCF/FAQs (last News-media-releases/2013/PR063. supra note 79, at 3. visited May 1, 2014). 122 . See INTERPOL’s Rules on the 143 . Id. at 4–5. 89 . Operating Rules of the Commission Processing of Data , supra note 23, at art. 144 . Id. at 5–6. for the Control of Interpol’s Files , supra note 34(3). 145 . See INTERPOL’s Rules on the 84, at art. 10. 123 . See id. at art. 34(3). Processing of Data , supra note 23, at art. 5(3). 90 . See id. 124 . See , e.g. , Rachel Baines , FAIR TRIALS 146 . CCIF Application-Benny Wenda , 91 . Id. INTERNATIONAL , http://www.fairtrials.org/wp- supra note 79, at 9. 92 . Id. content/uploads/Rachel-Baines.pdf (last 147 . See Rogue States: Cross-Border

40 WWW.NACDL.ORG THE CHAMPION Are you looking for a way to share your legal knowledge and practical tips with other criminal defense lawyers? Write an article for The Champion!

THE CHAMPION is seeking practical “here’s how you do it” articles for our readers. The magazine reaches over 9,000 NACDL members, as well as our state and affiliate members.

Manuscripts of practical use in all criminal defense categories are welcome, including: n coerced confessions n search and seizure n collateral consequences n sex offender registration n forensic issues and residency restrictions n forfeiture issues habeas corpus n Editorial guidelines are n identification issues available at www.nacdl.org. n juvenile justice n RICO Send your manuscript to Quintin Chatman ([email protected]). Policing Can Be Political , THE ECONOMIST (Nov. /07/18/interpol.red.notices/. any additional information Interpol has 16, 2013), available at http://www.econo - 148 . See INTERPOL’s Rules on the received from Russia since the application’s mist.com/news/international/21589901- Processing of Data , supra note 23, at art. submission. Id. cross-border-policing-can-be-political- 76(2); see also CCIF Application — Benny 170 . See Ronald K. Noble, Interpol Makes rogue-states; Owen Bowcott, Interpol Wenda , supra note 79, at 9; Kingsley Napley the World a Safer Place , THE TELEGRAPH (May 28, Accused of Failing to Scrutinize Red Notice & Stephen Gentle, Interpol Red Notices and 2013), available at http://www.telegraph. Requests , THE GUARDIAN (Nov. 27, 2013), avail - How to Deal With Them , LEXOLOGY .COM (Jan. co.uk/news/uknews/law-and-order/1008258 able at http://www.theguardian.com/uk- 7, 2013), available at http://www.lexo 2/Interpol-makes-the-world-a-safer-place. news/2013/nov/27/interpol-accused-red- logy.com/library/detail.aspx?g=1279d646- html . notice-requests; see also Peter Oborne, Is 9189-40b0-817a-25ae9a4e873a. 171 . See Notices , supra note 32. Interpol Fighting for Truth and Justice, or 149 . Operating Rules of the Commission 172 . See Noble, supra note 170. Helping the Villains? , THE TELEGRAPH (May 22, for the Control of Interpol’s Files , supra note 173 . Kathy Lally, Interpol Snubs Russia on 2013), available at http://www.telegraph. 84, at art. 3. Request to Arrest Human Rights Critic William co.uk/news/uknews/law-and-order 150 . Id. at art. 6(1). Browder , WASH . P OST (May 25, 2013), available /10073483/Is-Interpol-fighting-for-truth- 151 . Id. at art. 7. at http://articles.washingtonpost.com/2013- and-justice-or-helping-the-villains.html; 152 . CCF FAQs , supra note 88. 05-25/world/39516489_1_sergei-magnit - Libby Lewis, Are Some Nations Abusing 153 . Operating Rules of the Commission sky-interpol-visa-and-financial-sanctions. Interpol? , CNN (July 18, 2011), available at for the Control of Interpol’s Files , supra note 174 . Id. http://www.cnn.com/2011/WORLD/europe 84, at art. 36(1). 175 . See Ronald K. Noble, supra note 170. S 154 . According to the CCF Annual 176 . INTERPOL statement following N Activity Report for 2011, applications have decision by independent Commission for the O

I About the Authors increased by approximately 124 percent Control of INTERPOL’s Files , INTERPOL (May

S (from 115 to 258) since 2005. Annual Activity 24, 2013), available at http://www.interpol. Jacques Semmelman, a partner at U Report of the CCF for 2011 , INTERPOL (Nov. int/News-and-media/News-media-releas -

F Curtis, Mallet-Pre - 2011), at § 7.4.2, available at http://www. es/2013/PR063. F vost, Colt & Mosle

I interpol.int/content/download/19070/1691 177 . INTERPOL Cannot Be Used by the LLP, is a former

D 43/version/1/file/ccf2011.pdf. Russian Federation to Seek the Arrest of Mr.

Assistant U.S. Attor - 155 . Operating Rules of the Commission William Browder , INTERPOL (July 26, 2013),

D ney whose practice for the Control of Interpol’s Files , supra note available at http://www.interpol.int/News-

N includes interna - 84, at art. 41(2). and-media/News-media-releases/2013/

A tional extradition,

156 . Id. at art. 41(5). N20130726. white collar crimi - S 157 . Oborne, Is Interpol Fighting for 178 . See id. nal defense, com - E Truth and Justice, or Helping the Villains? , 179 . See INTERPOL’s Rules on the mercial litigation, and patent litigation . C supra note 147. Processing of Data , supra note 23, at art. 80(2). I

T 158 . Peter Oborne, The Terrorist Who 180 . See Michelle A. Estlund, Red Jacques Semmelman EW TATESMAN O Wasn’t , N S (Jan. 30, 2012), avail - Notice Removal by the Requesting Country: Curtis, Mallet-Prevost, Colt & Mosle LLP ED OTICE

N able at http://www.newstatesman.com/ The Quickest Resolution of All , R N 101 Park Avenue africa/2012/01/ali-harrath-interpol-tunisian. LAW JOURNAL .COM (Sep. 27, 2012), available at New York, NY 10178 D 159 . Islam Channel CEO—Mohamed Al http://www.rednoticelawjournal.com/red-

E 212-696-6067 Harrath Vindicated in ‘Interpol Red Notice notice-challenges/red-notice-removal-by-

R Fax 917-368-8867

Charge’ Trial in South Africa , ISLAM CHANNEL .TV the-requesting-country-the-quickest-reso - E-MAIL [email protected] L (Mar. 29, 2010), available at http://www.islam - lution-of-all/.

O channel.tv/pressrelease.aspx?ArtId=166. 181 . See INTERPOL’s Rules on the Emily Spencer Munson is an associate at P 160 . Id. Processing of Data , supra note 23, at art. 81.

R Curtis, Mallet-Pre - 161 . Oborne, The Terrorist Who Wasn’t , 182 . See id. at arts. 24–25, 135. E vost, Colt & Mosle supra note 158. 183 . See , e.g. , Parties Meet to Discuss Red T LLP, focusing on 162 . Id. Notice Dispute , INTERPOL (Jan. 27, 2007), N general and com - I 163 . Spotlight Petr Silaev , FAIR TRIALS available at http://www.interpol.int/News- plex commercial lit - INTERNATIONAL , at 1 (2013), http://www.fair and-media/News-media-releases/2007/ igation. She gradu - trials.org/wp-content/uploads/Spotlight- N20070122. ated from the Duke Petr-Silaev1.pdf. 184 . See INTERPOL’s Rules on the University School of 164 . Id. at 2. Processing of Data , supra note 23, at art. 135; Law in 2013, where 165 . See Silaev Application to CCIF , FAIR see also INTERPOL’s Procedures for the she participated in the Appellate Litiga - TRIALS INTERNATIONAL (May 20, 2013), at 7, avail - Handling of Article 24 Disputes Between tion Clinic, successfully representing a fed - able at http://www.fairtrials.org/wp-content/ Member Country National Central Bureaus eral prisoner in his appeal before the uploads/Silaev-Application-to-CCF.pdf. (NCBs) , INTERPOL (Mar. 7, 2007), available at Fourth Circuit. 166 . Id. at 8. http://www.interpol.int/News-and-media/ 167 . Id. News-media-releases/2007/N20070307. Emily Spencer Munson 168 . Id. at 1. 185 . See INTERPOL’s Procedures for the Curtis, Mallet-Prevost, Colt & Mosle LLP 169 . Petr Silaev , FAIR TRIALS INTERNATIONAL , Handling of Article 24 Disputes Between 101 Park Avenue http://www.fairtrials.org/cases/petr-silaev/ Member Country National Central Bureaus New York, NY 10178 (last visited May 1, 2014). Fair Trials (NCBs) , supra note 184. 212-696-6914 International has sought a reasoned deci - 186 . See INTERPOL’s Rules on the Fax 917-368-8867 sion from Interpol regarding its rejection of Processing of Data , supra note 23, at art. 135. E-MAIL [email protected] Silaev’s CCF application and disclosure of 187 . Id. at art. 129. n

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