{"id":232068,"date":"2026-06-22T13:50:25","date_gmt":"2026-06-22T11:50:25","guid":{"rendered":"https:\/\/europeancourt.org\/?page_id=232068"},"modified":"2026-06-23T19:08:29","modified_gmt":"2026-06-23T17:08:29","slug":"2018-14","status":"publish","type":"page","link":"https:\/\/europeancourt.org\/en\/documents\/interpol\/commission-control-files\/decision-excerpts\/2018-14\/","title":{"rendered":"CCF Decision No. 14 (2018)"},"content":{"rendered":"
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Tags:<\/strong> Article 2 of INTERPOL\u2019s Constitution<\/a> (torture and mistreatments); Political character
Decision:<\/strong> Not compliant
Data type:<\/strong> Red Notice<\/p>\n<\/div>\n

Decision of the Commission<\/h1>\n

Request concerning
[\u2026]<\/p>\n

(Ref. CCF\/[\u2026])<\/p>\n

(105th session, 3\u20135 July 2018)<\/p>\n

The Commission for the Control of INTERPOL\u2019s Files (the Commission), sitting as the Requests Chamber, composed of:<\/p>\n

Vitalie PIRLOG, Chairperson
Petr GORODOV,
Sanna PALO,
Isaias TRINDADE,
Members,<\/p>\n

Having deliberated in camera during its 105th session, on [\u2026], delivered the following Decision.<\/p>\n

Expand all<\/a> Collapse all<\/a><\/div>\n
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<\/span>

I. Procedure<\/h2><\/div>
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1. On [\u2026], Mr [\u2026] (the Applicant) lodged a complaint before the Commission). Following the submission of all the required documents in accordance with Article 10 of the Operating Rules of the Commission<\/a>, the request was found admissible, and the Commission informed the applicant thereof on [\u2026].<\/p>\n

2. As no data concerning the Applicant was registered in INTERPOL\u2019s files at the time, the Commission coordinated with INTERPOL\u2019s General Secretariat in order to address the preemptive nature of the complaint. The Commission informed the Applicant that his request was given full attention so that all the information provided could be taken into consideration in the context of INTERPOL\u2019s rules.<\/p>\n

3. On [\u2026], the National Central Bureau of INTERPOL (NCB) of [\u2026] sent a Red Notice request concerning the Applicant, for his arrest in view of extradition. The data concerning the Applicants was not un-blocked by INTERPOL\u2019s General Secretariat upon receipt.<\/p>\n

4. On [\u2026], INTERPOL\u2019s General Secretariat informed the Commission of the NCB\u2019s request to register data in INTERPOL\u2019s files concerning the Applicant, and referred the matter for the Commission\u2019s attention, while providing its preliminary legal assessment of the case.<\/p>\n

5. The NCB of [\u2026] was consulted on several occasions on the disclosure of the Red Notice request to the Applicant, in accordance with Article 5(e,4) of the Rules on the Control of Information and Access to INTERPOL\u2019s files (RCI).<\/p>\n

6. As of [\u2026], the Commission continued the study of the Applicant\u2019s request under the Statute of the Commission (Statute) which abrogated and replaced the RCI on that date.<\/p>\n

7. In the absence of authorization to disclose the Red Notice request to the Applicant, and of answers to the questions raised within the set deadlines, the Commission concluded on [\u2026] that the data concerning the Applicant shall be deleted from INTERPOL\u2019s files and that the requested Red Notice shall not be published.<\/p>\n

8. The General Secretariat was informed of this decision and deleted the data concerning the Applicant on [\u2026], and the NCB of [\u2026] was informed accordingly.<\/p>\n

9. On [\u2026], the NCB of [\u2026] sent a new Red Notice request concerning the Applicant, for his arrest in view of extradition. The data concerning the Applicants was not un-blocked by INTERPOL\u2019s General Secretariat upon receipt.<\/p>\n

10. On [\u2026], INTERPOL\u2019s General Secretariat informed the Commission of the NCB\u2019s new request to register data in INTERPOL\u2019s files concerning the Applicant, and referred the matter for the Commission\u2019s attention.<\/p>\n

11. After being authorized by the source of the data, the Commission informed the Applicant on [\u2026] that he was subject to a Red Notice request submitted by the NCB of [\u2026]. The Commission communicated the information described in paragraphs 15<\/a> and 16<\/a> below to the Applicant, and invited him to provide submissions.<\/p>\n

12. In accordance with Article 34(1) and (2) of the Statute<\/a>, the NCB of [\u2026] and INTERPOL\u2019s General Secretariat were consulted on specific issues raised in relation to the Red Notice request.<\/p>\n

13. 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 105th session.<\/p>\n<\/div><\/div>\n

<\/span>

II. Facts<\/h2><\/div>
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14. The Applicant is a national of [\u2026].<\/p>\n

15. He is the subject of a Red Notice request submitted by the NCB of [\u2026].<\/p>\n

16. The summary of the facts, as recorded in the Red Notice request, is the following: [\u2026].<\/p>\n<\/div><\/div>\n

<\/span>

III. The Applicant\u2019s Request<\/h2><\/div>
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17. The Applicant seeks the deletion of the data concerning him.<\/p>\n

18. He contends in essence that:<\/p>\n

a) the case is of a predominantly political character and the related data are not compliant with Article 3 of INTERPOL\u2019s Constitution<\/a>;<\/p>\n

b) the proceedings do not respect his fundamental human rights, and the related data are not compliant with Article 2 of INTERPOL\u2019s Constitution<\/a>;<\/p>\n

c) the prosecution lacks any evidentiary basis, and the criminal accusations were forged;<\/p>\n<\/div><\/div>\n

<\/span>

IV. Applicable Legal Framework<\/h2><\/div>
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19. Field of competence of the Commission:<\/p>\n