In this series, Red Notice Law Journal addresses the changes created by the newly enacted CCF statute. Many of the changes are reflective of those requested by INTERPOL practitioners and by human rights organizations in the last several years. For example, Fair Trials International provided input that was instrumental in advocating for INTERPOL reform, and many of its recommendations made their way into the new statute.
As an attorney representing clients who have been frustrated in the past by the perception of a lack of clarity and transparency in the CCF’s processes, I have also recommended changes to the CCF’s response format and the depth of information and transparency contained in those responses. The CCF’s new statutory obligation to publish its decisions, as discussed here, is one of the most welcome changes of all.
In addition to the CCF embracing its own new obligations under the statute, the CCF is also now more clear about one of the obligations of Red Notice subjects seeking relief from the CCF after previously being denied relief from the organization. Previously, the applicable rules only made reference to a general notion, addressed here, that successive requests for relief could be denied if they were deemed substantially similar to previous requests or if the CCF viewed the requests as being abusive of the CCF’s processes.
Now, however, the statute provides a clear statement of how successive requests will be reviewed, or not. Article 42 of the statute provides that
(1) Applications for the revision of decisions of
the Requests Chamber may be made only
when they are based on the discovery of facts
which could have led the Requests Chamber
to a different conclusion if that fact had been
known at the time at which the request was
(2) Applications for revision must be made within
six months after the discovery of the fact.
The applicant therefore has clear guidance as to when a renewed request is admissible and when it is not. This specification obviously places a burden on the applicant, but every legal or quasi-legal body has procedural requirements, and the fact that individuals who apply to the CCF for relief now have more clear guidance renders the process more predictable, and therefore, more fair.