{"id":232041,"date":"2026-06-22T13:51:34","date_gmt":"2026-06-22T11:51:34","guid":{"rendered":"https:\/\/europeancourt.org\/?page_id=232041"},"modified":"2026-06-23T19:08:28","modified_gmt":"2026-06-23T17:08:28","slug":"2018-1","status":"publish","type":"page","link":"https:\/\/europeancourt.org\/en\/documents\/interpol\/commission-control-files\/decision-excerpts\/2018-1\/","title":{"rendered":"CCF Decision No. 1 (2018)"},"content":{"rendered":"<div class=\"ccf-decision-meta\">\n<p><strong>Tags:<\/strong> Political character; Description of criminal activities; Lawfulness \/ validity of proceedings; Lack of action for extradition<br \/><strong>Decision:<\/strong> Not compliant<br \/><strong>Data type:<\/strong> Red Notice<\/p>\n<\/div>\n<h1 class=\"u-text-center\">Decision of the Commission<\/h1>\n<p>The Commission for the Control of INTERPOL\u2019s Files (the Commission) \u2026<\/p>\n<p>Having deliberated in camera during its \u2026 session, on \u2026, delivered the following Decision.<\/p>\n<div class=\"betweendivs\"><a class=\"mybutton blue\" href=\"#\" onclick=\"openall();event.preventDefault();\">Expand all<\/a> <a class=\"mybutton blue\" href=\"#\" onclick=\"closeall();event.preventDefault();\">Collapse all<\/a><\/div>\n<div class=\"su-accordion su-u-trim h-toaccordion includetocloseall\">\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall\" data-anchor=\"section-i\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h2>I. Procedure<\/h2><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>1. On \u2026, the Applicant lodged a complaint addressed to the Commission. Following the submission of all the required documents in accordance with <a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/commission-control-files\/operating-rules\/#rule-30\" title=\"Rule 30 of the Operating Rules of the Commission for the Control of INTERPOL\u2019s Files\">Rule 30 of the Operating Rules of the Commission<\/a>, the request was found admissible, and the Commission informed him on \u2026.<\/p>\n<p>2. In accordance with <a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/commission-control-files\/statute\/#article-34\" title=\"Article 34 of the Statute of the Commission for the Control of INTERPOL\u2019s Files\">Article 34(1) of the Statute of the Commission<\/a> (CCF Statute), the National Central Bureau of INTERPOL (NCB) of Country A and INTERPOL General Secretariat (IPSG) were consulted on the arguments set forth in the complaint. \u2026<\/p>\n<p>3. Both the Applicant and the NCB source of the data challenged were informed of the fact that the Commission would study the case during its \u2026 session.<\/p>\n<p>4. During the study of the Applicant\u2019s case, in accordance with Article 34(1)\/(2) of the CCF Statute, the NCB of Country B was consulted on arguments set forth in the complaint.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall su-spoiler-closed\" data-anchor=\"section-ii\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h2>II. Facts<\/h2><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>5. The Applicant is a national of Country A. On \u2026, he was appointed by order of \u2026 as President of the Bank X in Country A.<\/p>\n<p>6. He is the subject of a red notice issued at the request of the NCB of Country A, on the basis of a judicial decision issued on \u2026 by the jurisdiction of appeal of Country A.<\/p>\n<p>7. The summary of the facts, as recorded in the red notice, is the following: \u2018&#8230;\u2019<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall su-spoiler-closed\" data-anchor=\"section-iii\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h2>III. The Applicant\u2019s Request<\/h2><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>8. The Applicant requested access to the data processed in INTERPOL\u2019s files concerning him as well as its deletion.<\/p>\n<p>9. He contends in essence that:<\/p>\n<p class=\"u-indent-1\">a) the prosecution lacks any evidentiary basis;<\/p>\n<p class=\"u-indent-1\">b) the case is of a predominantly political character;<\/p>\n<p class=\"u-indent-1\">c) his location is known to Country A\u2019s authorities;<\/p>\n<p class=\"u-indent-1\">d) there are several procedural irregularities.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall su-spoiler-closed\" data-anchor=\"section-iv\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h2>IV. Applicable Legal Framework<\/h2><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>10. Field of competence of the Commission:<\/p>\n<ul class=\"u-list-indent\">\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/constitution\/#article-36\" title=\"Article 36 of the Constitution of the ICPO-INTERPOL\">Article 36 of INTERPOL\u2019s Constitution<\/a> states that the Commission shall ensure that the processing of personal data by the Organization is in compliance with the regulations the Organization establishes in this matter\u2019.<\/li>\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/commission-control-files\/statute\/#article-3\" title=\"Article 3 of the Statute of the Commission for the Control of INTERPOL\u2019s Files\">Article 3(1)(a)<\/a> and <a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/commission-control-files\/statute\/#article-33\" title=\"Article 33 of the Statute of the Commission for the Control of INTERPOL\u2019s Files\">Article 33(3)<\/a> of the Statute of the Commission establish that the powers of the Commission are limited to controlling whether the processing of data in INTERPOL\u2019s files meets INTERPOL\u2019s applicable legal requirements.<\/li>\n<\/ul>\n<p>11. Effective participation of an individual in the acts he\/she is accused of:<\/p>\n<ul class=\"u-list-indent\">\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/rules-processing-data\/#article-83\" title=\"Article 83 of INTERPOL\u2019s Rules on the Processing of Data\">Article 83.2(b,i) of the RPD<\/a> requires that \u2018Red notices may be published only when sufficient judicial data has been provided. Sufficient judicial data will be considered to include at least summary of facts of the case, which shall provide a succinct and clear description of the criminal activities of the wanted person, including the time and location of the alleged criminal activity.\u2019<\/li>\n<\/ul>\n<p>12. Matters of a political character:<\/p>\n<ul class=\"u-list-indent\">\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/constitution\/#article-3\" title=\"Article 3 of the Constitution of the ICPO-INTERPOL\">Article 3 of INTERPOL\u2019s Constitution<\/a> states that it is \u2018strictly forbidden for the Organization to undertake any intervention or activities of a political (\u2026) character.\u2019<\/li>\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/rules-processing-data\/#article-34\" title=\"Article 34 of INTERPOL\u2019s Rules on the Processing of Data\">Article 34 of the RPD<\/a> states the following:<\/li>\n<li>34(2): \u2018(\u2026) prior to any recording of data in a police database, the National Central Bureau, national entity or international entity shall ensure that the data are in compliance with Article 3 of the Organization\u2019s Constitution\u2019.<\/li>\n<li>34(3): \u2018To determine whether data comply with Article 3 of the Constitution, all relevant elements shall be examined, such as: (a) nature of the offence, namely the charges and underlying facts; (b) status of the persons concerned; (c) identity of the source of the data; (d) the position expressed by another National Central Bureau or another international entity; (e) obligations under international law; (f) implications for the neutrality of the Organization; (g) the general context of the case.\u2019<\/li>\n<\/ul>\n<p>13. Extradition issues:<\/p>\n<ul class=\"u-list-indent\">\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/constitution\/#article-31\" title=\"Article 31 of the Constitution of the ICPO-INTERPOL\">Article 31 of INTERPOL\u2019s Constitution<\/a> states that a member country shall do all within its power which is compatible with the legislation of its country to participate diligently in INTERPOL\u2019s activities.<\/li>\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/rules-processing-data\/#article-10\" title=\"Article 10 of INTERPOL\u2019s Rules on the Processing of Data\">Article 10 of the RPD<\/a> states that data shall be processed in the INTERPOL Information System for a specific purpose.<\/li>\n<li>Article 34(1) of the RPD requires that processing of data is authorized \u2018pursuant to applicable national laws and international conventions\u2019.<\/li>\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/rules-processing-data\/#article-81\" title=\"Article 81 of INTERPOL\u2019s Rules on the Processing of Data\">Article 81 of the RPD<\/a> states that \u2018the General Secretariat shall cancel a notice if [\u2026] the National Central Bureau or international entity that requested the notice obtains data allowing it to carry out the required action but has not taken any steps to this end and, after being consulted, has not provided reasonable grounds for its lack of action.\u2019<\/li>\n<\/ul>\n<p>14. Lawfulness of proceedings:<\/p>\n<ul class=\"u-list-indent\">\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/constitution\/#article-2\" title=\"Article 2 of the Constitution of the ICPO-INTERPOL\">Article 2(1) of INTERPOL\u2019s Constitution<\/a> states that the Organisation should \u2018ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the <a href=\"https:\/\/europeancourt.org\/en\/documents\/un\/universal-declaration-of-human-rights\/\" title=\"Universal Declaration of Human Rights\">Universal Declaration of Human Rights<\/a>\u2019.<\/li>\n<li>Article 34(1) of the RPD states that \u2018the National Central Bureau, national entity or international entity shall ensure that the data are in compliance with Article 2 of the Organization\u2019s Constitution\u2019.<\/li>\n<li>Article 83.2(b,v) of the RPD states that \u2018Red notices may be published only when sufficient judicial data has been provided. Sufficient judicial data will be considered to include at least [\u2026] reference to a valid arrest warrant or judicial decision having the same effect.\u2019<\/li>\n<\/ul>\n<p>15. Status of persons:<\/p>\n<ul class=\"u-list-indent\">\n<li><a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/rules-processing-data\/#article-44\" title=\"Article 44 of INTERPOL\u2019s Rules on the Processing of Data\">Article 44(1) of the RPD<\/a> provides that \u2018When recording any data concerning a person who is the subject of international police cooperation, the National Central Bureau, national entity or international entity must specify the status of that person from the following list: (\u2026) (b) Charged: a person against whom criminal proceedings have been initiated for allegedly committing an ordinary-law crime; (c) Suspect: a person who, as part of a criminal investigation, is considered to be a possible offender but against whom no charges have been filed.\u2019<\/li>\n<\/ul>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall su-spoiler-closed\" data-anchor=\"section-v\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h2>V. Findings<\/h2><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>16. In reviewing the issues raised, the Commission based its findings on information provided by the Applicant, the NCBs concerned and INTERPOL\u2019s General Secretariat.<\/p>\n<p>17. The Commission treats the Applicant\u2019s contentions in the order in which they are described in <a href=\"#section-iii\" title=\"Section III of INTERPOL\u2019s CCF Decision No. 1 (2018)\">paragraph 9<\/a> above.<\/p>\n<\/div><\/div>\n<h3 class=\"su-spoiler-title ec-fake-spoiler-heading u-indent-1\" id=\"section-v-a\">A. Lack of Evidentiary Basis<\/h3>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-a-a\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>a) The Applicant<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>18. The Applicant contended that the order of the investigator to add his name to the international wanted list was not made under reasonable suspicion, i.e. there are not enough elements of effective participation: the Applicant was not an official of \u2026, nor a member of \u2026. The \u2026, whom he is accused of conspiring with, was never interrogated. Nor were other members of the \u2026.<\/p>\n<p>19. To support his claim, he stated that there is no evidence that he could be the head of the crime as there is no subjective element to prove that he organized the crime, managed and prepared it, established a criminal organization, managed such a criminal organisation, provided financing or organized concealment of criminal activities. The investigative authorities failed to specify in what way the Applicant influenced \u2026. No official instructions of such officials on contracts were submitted.<\/p>\n<p>20. He did not take, nor take part in, any decision-making process on \u2026, and did not personally benefit from \u2026. \u2026 When interrogated, it was established that the \u2026 did not know of the Applicant. Therefore, there could have been no collusion in this case. \u2026.<\/p>\n<p>21. Concerning the purchase of \u2026, the Applicant specified that he used his own funds, as provided in the appropriate tax declarations. \u2026<\/p>\n<p>22. Finally, he had no personal interest in misappropriating funds, as his average annual income was of approximately \u2026.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-a-b\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>b) The NCB of Country A (NCB source of Data)<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>23. In response to the Applicant\u2019s claims that there is no evidence linking him to the crimes, the NCB stated that the Applicant\u2019s guilt was fully confirmed by subjective evidence and gave the following explanations. The NCB confirmed that as \u2026 the Applicant had no direct authority to \u2026, however, he had a significant share in group A, which was the sole owner of \u2026. Nevertheless, as such, he had the possibility to control \u2026 managers and influence the decisions of \u2026, which in turn had the authority to \u2026. \u2026.<\/p>\n<p>24. To hide the fictitious nature of \u2026, the Applicant used another criminal scheme. \u2026.<\/p>\n<p>25. Another strawman, \u2026, was used to sign the registration documents for \u2026 as well as the subsequent contracts for sale and purchase of \u2026. The NCB stated that this was done at the request of the Applicant. Mr W was found guilty of fictitious business activities by creating company Z to cover an illegal activity.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-a-c\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>c) Findings of the Commission<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>26. The processing of data in INTERPOL\u2019s files requires the provision of sufficient facts that link the wanted individual to the charges against him, and a clear description of the criminal activities he is accused of. The Commission is not empowered to conduct an investigation, to weigh evidence, or to make a determination on the merits of a case. That is the function of the competent national authorities.<\/p>\n<p>27. Given its role of ensuring that INTERPOL\u2019s rules have been complied with, the Commission reviews whether the NCB provided sufficient information to indicate the possible effective and personal participation of the Applicant to the criminal acts of which he was accused.<\/p>\n<p>28. Here, the offense as described is of a common law character in which NCB of Country A asserts it has collected ample evidence concerning the effective participation of the Applicant in a criminal scheme. The elements provided by the NCB of Country A established through documents and witness statements that<\/p>\n<p class=\"u-indent-1\">1) the Applicant had the possibility to influence \u2026,<\/p>\n<p class=\"u-indent-1\">2) he was the sole owner or held shares in companies which were granted \u2026 and<\/p>\n<p class=\"u-indent-1\">3) the \u2026 was resold \u2026 days after its purchase at \u2026 times higher price to \u2026, which created a doubt as to the lawfulness of the financial set up.<\/p>\n<p>29. Nevertheless, it is not disputed that<\/p>\n<p class=\"u-indent-1\">1) the Applicant was not a majority shareholder of \u2026 as he owned only \u2026% of the shares,<\/p>\n<p class=\"u-indent-1\">2) nor that, as \u2026, he had no direct authority to \u2026. Rather, it appears from the information provided by the parties that \u2026 approved by the relevant entities of \u2026 and that the main person the Applicant is accused of having influenced, and conspired with, has not been interrogated.<\/p>\n<p>30. In its review of whether the NCB provided sufficient information that link the wanted individual to the charges against him, and a clear description of the criminal activities he is accused of, it also appears to the Commission that the key element concerning the Applicant\u2019s possible intent and influence to issue the fictitious \u2026 was not provided in this case, and could amount to a private contractual dispute. Instead, the investigation seems conclusive in that the Applicant obtained and acquired \u2026 without showing a chain of events, based on assumptions.<\/p>\n<p>31. The Commission concluded that the elements raised in relation to the nature of the dispute raised doubts as to the compliance of the data challenged. In view of the complexity of the case and the interdependence of arguments raised in relation to other legal issues, the Commission decided not to make a conclusive pronouncement on the compliance of the data challenged at this stage, and to study the Applicant\u2019s additional claims.<\/p>\n<\/div><\/div>\n<h3 class=\"su-spoiler-title ec-fake-spoiler-heading u-indent-1\" id=\"section-v-b\">B. Political Character of the Proceedings<\/h3>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-b-a\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>a) The Applicant<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>32. The Applicant inferred from the circumstances described above \u2026, that the proceedings against him are politically motivated and derived from a long lasting conflict involving business interests of Country A\u2019s top officials, and therefore the offences cannot be considered as an ordinary law.<\/p>\n<p>33. To support his complaint linked with the political background of his case, he also claimed that:<\/p>\n<p class=\"u-indent-1\">33.1. Other persons \u2026 have not been questioned by Country A\u2019s authorities because they are known in business and political circles. \u2026<\/p>\n<p class=\"u-indent-1\">33.2. High ranking officials, who occupied and currently hold high ranking positions, seek to eliminate him, take possession of his assets in Country A, as well as hide their criminal activities in \u2018\u2026\u2019, and other institutions during \u2026.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-b-b\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>b) The NCB of Country A<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>34. Regarding the Applicant\u2019s claim that the proceedings are politically motivated, the NCB replied that the pre-trial investigation in this criminal proceeding was not aimed at persecuting or punishing the Applicant based on his race, religion, nationality or political beliefs. It was established that he did not engage in political activities in Country A, nor that he was employed as a civil servant during that time.<\/p>\n<p>35. In its reply concerning the timing of the proceedings, the NCB of Country A provided elements that showed that the criminal proceedings were initiated on \u2026. Moreover, the Applicant\u2019s claims that senior officials currently holding high positions are striving to take ownership of the Applicant\u2019s assets and trying to hide their criminal activities \u2026 are groundless as the Applicant is accused of offences committed between \u2026.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-b-c\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>c) Findings of the Commission<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>36. With respect to the assertion that the matter is of a political character, the Organization applies the predominance test, i.e., it evaluates all relevant information and pertinent elements, as provided for by the rules, to determine whether the offense is of a predominantly political character.<\/p>\n<p>37. The rule reflected in RPD <a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/rules-processing-data\/#article-34\" title=\"Article 34 of INTERPOL\u2019s Rules on the Processing of Data\">Article 34(3)<\/a> requires analysis of all relevant factors, as to which the following appear to the Commission to be key in the present case:<\/p>\n<ul class=\"u-list-indent\">\n<li>the nature of the offense, namely the charges and underlying facts;<\/li>\n<li>the status of the person concerned;<\/li>\n<li>the general context of the case.<\/li>\n<\/ul>\n<p>38. In reviewing the applicable criteria under the predominance test, the Commission recalled that it did not come to a definitive conclusion regarding the common law character of the offense, as described in <a href=\"#section-v-a-c\" title=\"Section V.A.c of INTERPOL\u2019s CCF Decision No. 1 (2018)\">paragraph 31<\/a> above.<\/p>\n<p>39. The Commission found that while the Applicant is not a politician or a former politician, it appears that, although factually disputed, there could be a political context in this case as many of the former \u2026 have now come to power in Country A. Indeed, the Commission considered that the Applicant had taken up his position as \u2026in \u2026 before buying it, in \u2026, with business partners in very bad condition. \u2026.<\/p>\n<p>40. However, the Commission also highlighted that the mere assertion of an Applicant without any additional elements to support his contention would require the Commission to evaluate the reliability of a statement in a manner that should be undertaken at trial or during an extradition hearing.<\/p>\n<p>41. Accordingly, the information provided by the Applicant is not sufficient to establish that political elements are predominant over the possible ordinary criminal law elements of the case, and that the processing of the data concerning the Applicant is contrary to <a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/constitution\/#article-3\" title=\"Article 3 of the Constitution of the ICPO-INTERPOL\">Article 3 of the Constitution<\/a>. Therefore, the Commission decided not to make a conclusive pronouncement on the compliance of the data challenged at this stage, and rather to study the Applicant\u2019s additional claims.<\/p>\n<\/div><\/div>\n<h3 class=\"su-spoiler-title ec-fake-spoiler-heading u-indent-1\" id=\"section-v-c\">C. Lack of Extradition Request<\/h3>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-c-a\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>a) The Applicant<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>42. The Applicant explained that the red notice has no purpose as despite knowing of his location the authorities of Country A have not requested his extradition from Country B. Indeed, the National police of Country A was provided with a formal notice about the Applicant\u2019s residence by the Embassy of Country B in Country A.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-c-b\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>b) The NCB of Country A<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>43. In its reply, the NCB of Country A confirmed that Country A\u2019s national authorities have knowledge that the Applicant received residence permit in Country B and subsequently sent the notification of suspicion to the address mentioned by the Embassy of Country B in Country A.<\/p>\n<p>44. The NCB also advised the Commission that the \u2026 of Country A had sent a request to the competent authorities of Country B for the provisional arrest of the Applicant. On \u2026, a request for his extradition was also sent to the competent authorities in Country B.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-c-c\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>c) The NCB of Country B<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>45. In its reply, the NCB of Country B explained that the national authorities of Country B received the request for the arrest of the Applicant in view of his extradition to Country A. However, the request could not be satisfied because the Applicant had the status of \u2026.<\/p>\n<p>46. The NCB also advised the Commission that the location of the Applicant was unknown to their competent authorities, and therefore, that it was not confirmed to Country A\u2019s authorities.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-c-d\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>d) Findings of the Commission<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>47. The Commission considered the Applicant\u2019s claim that Country A\u2019s authorities knew his location. It recalled that the purpose of a red notice is not only to locate a person, but also to request his\/her provisional arrest in view of extradition.<\/p>\n<p>48. Therefore, the fact that Country A\u2019s authorities know the Applicant\u2019s location does not undermine as such the lawfulness of the red notice. However, INTERPOL\u2019s rules require that the requesting NCB takes appropriate step to achieve the purpose for which the red notice was issued, i.e. to seek the arrest in view of extradition of the individual concerned, or provides reasonable grounds for the lack of action of its country.<\/p>\n<p>49. In this regard, the information provided by the NCB of Country A\u2019s highlight that the authorities have taken steps to respect their obligations under applicable law, and to request the extradition or surrender of the Applicant from Country B, if possible.<\/p>\n<p>50. The Commission also took note that Country B\u2019s authorities could not satisfy the request to Country A authorities for the arrest of the Applicant because he was only considered as \u2026 in the ongoing criminal investigation in Country A, which tends to confirm a lack of evidentiary basis.<\/p>\n<\/div><\/div>\n<h3 class=\"su-spoiler-title ec-fake-spoiler-heading u-indent-1\" id=\"section-v-d\">D. Procedural Irregularities<\/h3>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-d-a\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>a) The Applicant<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>51. The Applicant complained of several procedural irregularities, such as the fact that his defence rights were violated: he was not informed of the day and time of the hearing in his case, and his lawyers were informed a few minutes before the court hearing. \u2026. Thus, the introduction of the alleged criminal offence in \u2026 was based on a request from a person who received information from third parties without proper verification.<\/p>\n<p>52. Furthermore, he cannot be a suspect as he was not properly notified \u2026. This fact is established by decision of Country A courts, which were not appealed by \u2026 investigation bodies and entered into force. In addition, he had deregistered from his Country A\u2019s address on \u2026 when he left for Country B. The notification \u2026 was sent to his address in Country B on \u2026, without observing the requirements of \u2026.<\/p>\n<p>53. The Applicant also claimed that on \u2026, the order allowing \u2026 detention was illegally obtained \u2026, and the investigator had withheld this fact. \u2026. Finally, as pre-trial investigation bodies know his location, he cannot be considered as a person who evades pre-trial investigation.<\/p>\n<p>54. In support of his request, the Applicant provided a copy of the following rulings:<\/p>\n<p class=\"u-indent-1\">54.1. \u2026.<\/p>\n<p>55. The Applicant claimed that after a phone call from a High Ranking Official, Mr Z, the court of appeal reversed the decisions taken in first instance and decided to issue a decision permitting his remand in custody. However, the Applicant provided that this decision is not reasoned and guarantees of a fair trial were breached as he was not present in court and the appeal was not presented to his lawyers who only had one hour to prepare for the hearing.<\/p>\n<p>56. The Applicant also complained that this investigation has been lasting for almost \u2026 years, contrary to reasonable time limits. He also stated that it was conducted in order to acquire his assets: \u2026.<\/p>\n<p>57. The Applicant stated that in view of these procedural irregularities he lodged an application with the European Court of Human Rights.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-d-b\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>b) The NCB of Country A<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>58. In its reply, the NCB of Country A explained that the notification \u2026 was issued on \u2026, and sent to the Applicant\u2019s last known address in Country A, in accordance with the provisions of the Country A Criminal Procedure Code. As set out above, when Country A National authorities learned that the Applicant received a residence permit in Country B the copy of the notification \u2026 was sent to the address mentioned by the Embassy of Country B in Country A.<\/p>\n<p>59. On \u2026, he was placed on the Country A\u2019s International wanted list as his location was unknown. On \u2026, the court of Country A issued a permission to arrest the Applicant in order to escort him to participate in a hearing of the court concerning the use of a preventive measure in the form of detention. This order was valid for VXX months. On \u2026, investigative authorities received the information that the red notice was issued against the Applicant.<\/p>\n<p>60. The current decision on which the red notice is based was issued by the jurisdiction of appeal of Country A on \u2026. During this hearing, the Applicant\u2019s lawyers were present. The decision also mentions that on \u2026, the investigating judge received the information from the NCB of Country A that a red notice against the Applicant had been published. The decision of \u2026 cancelled the decision of \u2026 and confirmed the order to arrest the Applicant.<\/p>\n<\/div><\/div>\n<div class=\"su-spoiler su-spoiler-style-default su-spoiler-icon-plus h-toaccordion includetocloseall u-indent-2 su-spoiler-closed\" data-anchor=\"section-v-d-c\" data-scroll-offset=\"50\" data-anchor-in-url=\"yes\"><div class=\"su-spoiler-title\" tabindex=\"0\" role=\"button\"><span class=\"su-spoiler-icon\"><\/span><h4>c) Findings of the Commission<\/h4><\/div><div class=\"su-spoiler-content su-u-clearfix su-u-trim\">\n<p>61. The Applicant claimed that the procedures followed in Country A violated international standards of due process of law. He stated that procedural irregularities raised significant concerns as to the observance of his rights to due process.<\/p>\n<p>62. Therefore, the Commission reviewed the circumstances surrounding the issuance of the judicial decision forming the basis of the red notice and the procedure followed at national level to initiate and carry on legal proceedings.<\/p>\n<p>63. In this specific case: On \u2026, a Decision of court of Country A, was issued against the Applicant, to permit \u2026the consideration of \u2026 a preventive measure of detention in custody. This decision was valid for XX months. On \u2026, a red notice was requested by the NCB of Country A and published by the INTERPOL General Secretariat for the Applicant\u2019s arrest in view of extradition.<\/p>\n<p>64. On \u2026, a Decision of the court of appeal of Country A to permit his \u2018apprehension with an aim of bringing to court\u2019, which has no time limit, was issued against the Applicant, and forms the current base for the red notice. This decision provides that \u2018\u2026\u2019. The decision later states \u2018\u2026.\u2019<\/p>\n<p>65. It appears from appeal court decision that the Applicant\u2019s defence lawyer was present during the hearing and that he had the possibility of presenting his arguments. It can also be understood that the Applicant was duly notified in accordance with Country A\u2019s laws and procedures, and therefore that the ruling No. \u2026 dated \u2026, denying the application of preventive measure of custody for the Applicant, which had been issued on \u2026, was rightfully overturned.<\/p>\n<p>66. However, based on the information provided by the NCB, the Commission finds that the initial Decision issued in this case is not an arrest warrant in the sense of RPD <a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/rules-processing-data\/#article-83\" title=\"Article 83 of INTERPOL\u2019s Rules on the Processing of Data\">Article 83.2(b,ii)<\/a>, and it does not give rise to charges as set forth in RPD Articles <a href=\"https:\/\/europeancourt.org\/en\/documents\/interpol\/rules-processing-data\/#article-44\" title=\"Article 44 of INTERPOL\u2019s Rules on the Processing of Data\">44.1(b)<\/a> and 83.2(b,ii). This is also in line with the decision of Country B\u2019s authorities mentioned at <a href=\"#section-v-d-a\" title=\"Section V.D.a of INTERPOL\u2019s CCF Decision No. 1 (2018)\">paragraph 54<\/a> above. The Commission also noted that the fact that the first red notice published against the Applicant was used in issuing the current judicial decision, which created doubts on the lawfulness of the red notice.<\/p>\n<p>67. In view of all these elements, and recalling the prior doubts identified the sufficiency of elements of effective participation, as well as the political elements surrounding the proceedings, and the decision of Country B\u2019s authorities, the Commission concluded that on the balance, the data challenged are not compliant with INTERPOL\u2019s rules applicable to the processing of personal data.<\/p>\n<p class=\"u-text-center\">For these reasons, the Commission<\/p>\n<p>1. Decides that the data challenged are not compliant with INTERPOL\u2019s rules applicable to the processing of personal data, and that they shall be deleted from INTERPOL\u2019s files.<\/p>\n<\/div><\/div>\n<\/div>\n<script id=\"ec-fake-spoiler-scroll-fix\">\n(function(){\n  if (window.ecFakeSpoilerScrollFixReady) { return; }\n  window.ecFakeSpoilerScrollFixReady = true;\n  function hasClass(node, cls) {\n    if (!node) { return false; }\n    if (!node.classList) { return false; }\n    return node.classList.contains(cls);\n  }\n  function nextSpoiler(fake) {\n    var node = fake.nextElementSibling;\n    while (node) {\n      if (hasClass(node, \"su-spoiler\")) { return node; }\n      node = node.nextElementSibling;\n    }\n    return null;\n  }\n  function spoilerAnchor(spoiler) {\n    if (!spoiler) { return \"\"; }\n    if (spoiler.hasAttribute(\"data-anchor\")) { return spoiler.getAttribute(\"data-anchor\") || \"\"; }\n    if (spoiler.hasAttribute(\"id\")) { return spoiler.getAttribute(\"id\") || \"\"; 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