INTERPOL gave an unhelpful response to my request – what can I do?

How can I get INTERPOL to provide information that is more helpful?

There may be situations, where despite making a compliant request for information to INTERPOL, one may receive an unhelpful answer. A response from INTERPOL may be unclear and, in some cases, even raise more questions than answers.  

In these circumstances, following expert legal advice, individuals can make a further request to INTERPOL to provide more helpful information.  This blog will explain how to do this.

Background

Gherson’s extradition and INTERPOL team have previously written about how an individual can find out, whether INTERPOL are processing data related to them, and specifically, whether they might be subject to a Red Notice, diffusion or any other measure. 

The team have also written about how to make requests to INTERPOL to stop processing an individual’s data and to remove any measures imposed.

Helpful INTERPOL responses

Generally speaking, a helpful INTERPOL response is the one that relies on clear wording to provide a definitive answer to the request made.

As such, by submitting a request to INTERPOL as to whether INTERPOL are processing data related to them, an individual would hope to receive a response that confirms one of the following:

• INTERPOL are processing no data related to the individual.
• INTERPOL are processing data related to the individual.
• INTERPOL has decided to restrict the communication of information.

A definitive response from INTERPOL in regard to any of the above should at least give the individual some piece of mind (for example, it could inform a decision whether the individual wants to risk travel). 

In addition, INTERPOL’s confirming any of the above allows the individual to plan their next steps, such as making further requests to INTERPOL, including that INTERPOL stop processing data related to them.

Unhelpful INTERPOL responses

However, what happens if an individual makes a compliant request to INTERPOL but receives an unhelpful response?

An unhelpful response from INTEPOL could include a response that does not definitively confirm any of the three alternatives above.

A response such as this is unhelpful, as individuals want an unequivocal response from INTERPOL. Ultimately, individuals want to know in the first instance, whether INTERPOL are processing data related to them or not.

It is frustrating, when INTERPOL responds to compliant requests in a vague or unhelpful manner often leaving the situation as unclear as before.

How to deal with unhelpful responses

As such, from time to time, for reasons that often remain unknown, INTERPOL responds in such a manner that does not confirm any of the three statements above, and thus provides an unhelpful answer.

In these circumstances, there are ways to respond to that tactically, and, hopefully, prompt INTERPOL to provide a further more helpful response. These could include:

• Relying on the complex rules governing INTERPOL (e.g. the Statute of the Commission for Control of INTERPOL’s Files, the Constitution of INTERPOL’s Constitution and other applicable governing documents) to force INTERPOL to provide a more definitive response; and
• Adopting a targeted but staged approach that will be more tactically astute whilst also ensuring that costs are kept to a minimum.

Upon receipt of an unhelpful response from INTERPOL, individuals are urged to seek expert legal advice before making any further requests.

Gherson’s expert team have assisted individuals in this scenario and made successful follow-on requests to INTERPOL that have resulted in receiving more helpful information.

How Gherson can help

Those who fear that they may be subject to INTERPOL measures, including a Red Notice, should always take heed.

Gherson Solicitors continuously provide expert advice and assistance to those who fear they may have outstanding financial issues. The advice we offer tackles the following: 

1. How to best approach a possible INTERPOL red notice;
2. Preparing for potential criminal proceedings / an extradition request;
3. Preparing for a situation where a civil matter or commercial dispute could be used to initiate bogus criminal proceedings; and
4. Even exploring the possibility of instigating civil litigation proceedings to recover any misappropriated assets.

Gherson have previously written a series of blogs designed to assist those who fear they might be subject to INTERPOL measures (including a Red Notice):

INTERPOL and Red Notice Challenges

How to Remove an INTERPOL Red Notice

INTERPOL Red Notices and Extradition

How do I know if I am subject to an INTERPOL Red Notice.

Gherson has over 30 years of experience in assisting with all aspects of INTERPOL, Red Notice challenges and extradition. If you would like to speak to us in respect of any of the issues raised in this video or about your specific circumstances,  do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2022

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