INTERPOL, Red Notice Challenges, and Lawsuits

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In a recent MSNBC.com article, Ian Johnston reports on some of the frustrations experienced by Red Notice subjects as they attempt to challenge their Red Notices.  He addresses the issue of possibly pending lawsuits against INTERPOL as a means of changing the manner in which a Red Notice is issued or challenged.

Although such efforts are in very early stages, and previous similar efforts have failed, INTERPOL has long been aware of the possibility of such legal action and governs itself accordingly.  In its 2010 Annual Activity Report, the Commission for the Control of INTERPOL's Files ("CCF") recognized its possible vulnerability to lawsuits.  Specifically, the CCF lauded INTERPOL's decision to have its Constitution registered with the United Nations Charter as a means of solidifying its status as an international organization operating under international law.  The CCF noted that such status would

"enhance INTERPOL's immunity from legal process vis-a-vis

national courts in all of its member countries."

The CCF went on to highlight the fact that its I-link project (discussed in more detail here and in the next post) has created a significant likelihood that INTERPOL and its NCBs would both be liable in the event that a Red Notice subject was prejudiced by the inappropriate entry of information into its databases.

Please see full article below for more information.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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