If you are wanted through INTERPOL channels and already know which country initiated that wanted status, and in connection with which specific case, I will assess whether there are reasonable grounds to seek to end it by making a request to the Commission for the Control of INTERPOL’s Files. If there are reasonable grounds, I will prepare a request for deletion of data. If the necessary step is not to end the wanted status but to correct a specific error in INTERPOL’s data, I will prepare a request for correction of data.
Common grounds for a request to the CCF:
- use of a criminal case for persecution on political, religious, racial or similar grounds, including because of origin, membership of a persecuted group, statements, or journalistic, human rights, civic or other public activity;
- an attempt to seek international wanted status not for an ordinary criminal offence but for acts connected with military service, an armed conflict or the actions of one of the parties to a conflict;
- a real risk of torture, inhuman or degrading treatment or punishment, or a flagrant denial of justice if extradited to the requesting country;
- the absence, cancellation or amendment of the national decision on which the request for wanted status is based; termination of the case; expiry of the limitation period; inconsistency between the description of the accusation or your role and the case file; or a situation in which the requesting country had a real opportunity to seek extradition but failed to do so without a reasonable explanation.
If the ground for the request is linked to the risk of torture, an unfair trial or abuse of criminal prosecution, a request to the CCF can raise, in substance, the same issues as those raised in extradition cases before the European Court of Human Rights or the UN Human Rights Committee. This is relevant because the CCF itself makes extensive use of standards developed in the case-law of the European Court of Human Rights. Before the European Court of Human Rights and the Committee, however, such complaints are made not against the country that had the person listed as wanted, but against the country that detained him or her for extradition, and only after the remedies against extradition in that country have been exhausted. For protection through the CCF, detention for extradition and exhaustion of those remedies are not required: the arguments can be presented in connection with the INTERPOL wanted status itself, in effect against the requesting country’s attempt to use INTERPOL, and the CCF will ask the requesting country for explanations in response to those arguments.
The time needed for your specific case and, accordingly, the cost of preparing the request can be determined only from the documents. Submit documents confirming that you are wanted through INTERPOL channels, the main documents in the case for which you are wanted, and the documents that, in your view, confirm the grounds from the list above that apply to your case. If you already have the entire case file in electronic form, it is best to submit it from the outset. Do not worry about submitting too many documents or missing something: if, after studying what you send me, I need additional documents, I will request them from you.
Submit all documents in the original language. The CCF accepts documents in English, French, Spanish and Arabic, so any document needed for the request that is not in one of those languages must be translated. If you already have a translation of such a document into one of those languages, submit it together with the original: I will check whether it can be used for the request to the CCF. If there is no suitable translation, I will prepare a translation of the necessary document into English, using terminology aligned with the arguments in the request to the CCF and the applicable legal sources.
The cost of preparing the request may range from several thousand euros to 10,000 euros or more if dozens of hours of work are required. That time is needed to study the documents, identify key facts, analyse the practice of the CCF, the European Court of Human Rights and other international bodies in relation to each ground, prepare the arguments and set all of this out in the request concisely, clearly and consistently.
I usually reply within one week after receiving all necessary documents and information. If no reasonable grounds for a request to the CCF are apparent, I will simply tell you that. If there are reasonable grounds, I will quote the cost of preparing the request and send the contract at the same time. You can pay for the service by bank transfer to my account in Switzerland or by other methods depending on the country of payment.
The time needed to prepare the request depends on the amount of work. It will always be reasonable in light of the circumstances of the case and will be expressly stated in the contract. Once the work is complete, you will receive the text of the request, a set of annexes and instructions on how to submit the request yourself through the CCF portal. If you want me to submit the request on your behalf, a power of attorney will be required.
This service is clearly not for you if any of the following statements applies to you: