INTERPOL (International Criminal Police Organization) , which operates within the scope of international security cooperation, operates to trace criminals, combat cross-border crime and ensure the exchange of information between countries. However, in some cases, individuals may be unjustly, unlawfully or mistakenly added to the wanted list by INTERPOL. At this point, the “INTERPOL deregistration law” is an important legal process that protects the fundamental rights of individuals. In our article, we will discuss in detail the answers to questions such as how the registration in the INTERPOL system falls, in which ways this registration can be deleted and which legal remedies individuals can apply for in this process.
What is INTERPOL and how does its registration system work?
INTERPOL is an international police organization based in Lyon, France, with 194 member countries. Established to combat transnational crime, the organization’s primary objective is to track the cross-border movements of criminals or suspects and share relevant information with member countries. In this context, INTERPOL shares information through bulletins of different colors. Among these, the most well-known is the “Red Notice,” which is issued to identify and extradite individuals subject to international arrest warrants.
Records in the INTERPOL system are often created at the request of a country’s judicial authorities. However, since INTERPOL records have international validity , it is possible for individuals to suffer serious victimization if these records are created unfairly. For this reason , the process of deletion of INTERPOL records is of great legal importance as well as the process of their creation.
What is an INTERPOL Red Notice and what does it mean?
The Red Notice issued by INTERPOL is in fact an “arrest and extradition request”. Any country applies to INTERPOL regarding a person for whom an arrest warrant has been issued according to its national legal system and requests that a red notice be issued for that person. INTERPOL, in turn, evaluates this request and issues a red notice notifying all member states of the person concerned.
A red notice is not an arrest warrant but restricts the freedom of movement of persons internationally. As a result of this registration, the person may be arrested in another country and extradition proceedings may be initiated in that country. As such situations may lead to violations of fundamental rights and freedoms, the lawfulness of the records should be scrutinized.
Under what circumstances is an INTERPOL record unlawful?
The circumstances in which an INTERPOL record is unlawful can be summarized as follows:
- Violation of the presumption of innocence in criminal proceedings
- Applications made for unjust or political reasons
- The crime is time-barred
- Loss of data currency
- Violation of international human rights law
For example, if an individual has been acquitted domestically or the case is time-barred, it would be unlawful for the INTERPOL record to continue. Similarly, if an INTERPOL bulletin was issued in the context of a politically motivated investigation or prosecution, this is also a valid ground for expungement.
Application Process for Removal of INTERPOL Records
The legal processes to be followed for the deletion of INTERPOL records are as follows:
- Request the withdrawal of the red notice by applying to the judicial authorities of the relevant country
- Requesting data deletion by applying directly to the INTERPOL General Secretariat
- Submitting an application to the Commission for the Control of INTERPOL’s Files (CCF)
The INTERPOL Audit Commission is an independent body that considers complaints and applications concerning individuals’ personal data. The application process is highly technical and detailed and it is generally recommended to seek legal advice. The Commission may request various documents, court decisions or administrative documents from the applicant. For the process to be successful , the application must be clear, well-founded and in accordance with the law.
Conditions for Applying to the INTERPOL Supervisory Commission
In order for applications to the INTERPOL Inspection Commission to be admissible, certain conditions must be met:
- The applicant must be the directly registered person or his/her legal representative.
- The application must be submitted in writing and in detail, and the necessary evidence and documents must be attached.
- The application must clearly state why the information contained in the INTERPOL database is incorrect or unlawful.
This application process can take 9 to 12 months on average , longer in some complex cases. Ifthe application is accepted, INTERPOL will completely delete the relevant record from its system and notify the countries concerned.
Removal of INTERPOL Records in Turkey
In Turkey, if an INTERPOL red notice has been issued against a person and the registration is unjustified, individuals can pursue both domestic and international legal action. Such lawsuitsin Turkey are usually conducted in the following ways:
- Filing a lawsuit for the cancellation of records in Administrative Courts
- Registration of acquittal or dismissal decisions in criminal courts
- Application to the Human Rights Court
Lawyers specialized in this field in Turkey prepare applications on behalf of individuals on both national and international platforms and follow the process professionally. Since INTERPOL registrations directly affect not only personal freedoms but also business life, freedom of movement and social reputation , the process must be carried out meticulously.
Incorrect INTERPOL Records: Victims and Consequences
Errors in INTERPOL records can result in serious victimization of individuals. For example:
- Arrest of a person in another country
- Rejection of visa applications
- Restriction of freedom of travel
- Loss of employment and educational opportunities
Such consequences occur when records are incorrectly or unfairly entered into the system. It is therefore very important that records are updated, corrected or deleted completely. Especially for individuals who are vindicated in the judicial process, keeping records in the system may be in violation of the European Convention on Human Rights.
Expert Legal Support for the Removal of INTERPOL Records
The deletion of INTERPOL records is a highly technical area of law. The application documents must be complete, the arguments must be sound, and the process must be conducted professionally. For this reason, working with an experienced lawyer in this field is crucial to the success of the process. Lawyers file applications to the CCF on behalf of their clients and carry out the necessary legal procedures with the relevant authorities in the country. They also analyze the potential risks of the process and develop alternative approaches.
Law firms specializing in this field in Turkey take all necessary legal steps to protect individuals’ rights at the national and international levels and have their records expunged. This minimizes the harm suffered by victims.
INTERPOL Records and the Protection of Fundamental Rights
INTERPOL records are an important tool in the fight against international crime. However, misuse or arbitrary use of this system can threaten the fundamental rights of individuals. Therefore, monitoring and, when necessary, deleting records is as much a legal obligation as creating them. To prevent innocent individuals from becoming victims, the INTERPOL record deletion process must be based on a serious legal foundation and carried out professionally.
Individuals can seek their rights through methods such as applying to the INTERPOL Supervisory Committee, filing lawsuits in administrative courts, and legal appeals processes. In this process, it is important to seek support from experienced lawyers in order to save time and prevent loss of rights. Ultimately, INTERPOL registration is not just a database issue, but also a serious legal issue in terms of the protection of human rights.
