Interpol: databases and protection against extradition
1. What information is included in Interpol databases?
INTERPOL maintains several databases. A limited number of law enforcement agencies around the world have access to these databases. Interpol's website provides information on 19 databases:
- Color-coded alerts. These are international alerts on fugitives, suspected criminals, individuals and entities subject to UN Security Council sanctions, potential threats, missing persons, dead bodies, and criminal methods. The data is stored in a database known as the Interpol Criminal Information System.
- Nominal Data - Personal data and criminal records of individuals for whom international police cooperation is requested.
- The International Child Sexual Exploitation Image Database uses sophisticated image comparison software to link victims, abusers, and locations.
- Forensic database. Fingerprints, DNA profiling and facial recognition can play a crucial role in solving crimes because they can reveal connections between people and/or crime scenes. They can also help prove a suspect's innocence.
- Fingerprint identification system. Authorized users in member jurisdictions can view, submit, and cross-check fingerprint database records using a user-friendly Automated Fingerprint Identification System (AFIS).
- The DNA database contains DNA profiles of criminals, crime scenes, missing persons and unidentified bodies.
- The goal of I-Familia is to identify missing persons worldwide by matching family DNA. I-Familia helps reunite loved ones or close cases and allow families to rebuild their lives.
- The facial recognition database provides a dedicated platform for storing and cross-checking images to identify fugitives, missing persons and persons of interest.
- Interpol's SLTD database contains information on travel and identity documents that have been reported as stolen, lost, canceled, invalid, or stolen blank.
- The SAD database contains records of stolen official documents that serve to identify items, such as vehicle registration documents and import/export clearance certificates.
- The Frontex Electronic Library Document System (FIELDS) provides police and border guards with visual information on key markers that may indicate a forged or counterfeit document.
- Edison (Electronic Documentation and Information System on Investigation Networks) provides examples of genuine travel documents to help identify forgeries. It contains images, descriptions and security features of authentic travel documents and identity cards issued by countries and international organizations.
- Motor Vehicle Database. This database contains extensive identification data for all types of vehicles (cars, trucks, trailers, heavy equipment, motorcycles) and identifiable spare parts reported as stolen.
- Watercraft Database. The Stolen Vessel Database serves as a centralized tool for tracking and tracing stolen vessels and engines.
- The Works of Art Database contains descriptions and photographs of cultural property reported stolen by Member States and international partners such as the International Council of Museums and UNESCO. It includes objects looted during crisis periods in Afghanistan, Iraq and Syria.
- The INTERPOL Firearms Reference Table is an interactive online tool that provides a standardized methodology to better identify and describe firearms so that they can then be traced in cross-border investigations.
- INTERPOL Illicit Arms Records and Tracing Management System (iARMS). The only global law enforcement platform that supports the transnational tracing of illegal, lost or stolen firearms.
- The Interpol Ballistics Information Network (IBIN) is the world's only large-scale international ballistics data sharing network. It provides intelligence to law enforcement agencies through centralized storage and cross-comparison of ballistic imaging to find links between crimes from different countries.
- The Maritime Piracy Database stores intelligence related to incidents of piracy and armed robbery at sea, including data on individuals, telephone numbers, e-mail addresses, piracy incidents, locations, businesses and financial information.
2. What categories of notifications are there?
Interpol has eight types of notices[1]:
2.1 Red Notice (Red Notice). This is an international wanted notice that is posted for persons wanted for the purpose of prosecution or serving a sentence. It is not an arrest warrant.
2.2 Yellow Notice. It is used to locate missing persons and to identify persons who cannot identify themselves.
2.3 Blue Notice. Necessary to gather additional information about the whereabouts of an individual in connection with a crime.
2.4 Black Notice. Information on unidentified corpses.
2.5 Green Notice. Warns of criminal activity by a person who is considered a possible threat to public safety.
2.6 Orange Notice. Warns of an event, person, object, or process that threatens public safety.
2.7 Purple Notice. To search for information about the manner in which crimes are committed, the objects of crime, and devices used by criminals.
2.8 INTERPOL-United Nations Security Council Special Notice (INTERPOL-United Nations Security Council Special Notice). Issued in respect of legal entities and individuals who are subject to sanctions by the UN Security Council Committees.
https://www.interpol.int/How-we-work/Notices/About-Notices
3. How can I check whether information about a person is in the Interpol database?
Such information is available on the Interpol website: https://www.interpol.int/How-we-work/Notices.
On this page it is necessary to select the color coding of the notification and then enter the person's data in the corresponding line.
4. What to do if the information is entered into the Interpol database unreasonably?
The Commission (CCF) controls the processing of data. In its turn, the CCF is divided into two main bodies: the Chamber of Inquiries and the Special Advisory Chamber. The powers of the CCF are governed by the Data Control Regulations of the international organization. As a result, the Commission is able to carry out an independent evaluation of applications.
An application must be made to the Commission for File Control, attaching supporting documents. The application must request the deletion or correction of erroneous data. The application shall be made in English, French, Spanish or Arabic. There is no application fee.
The application must be accompanied by:
- a copy of the applicant's identity document;
- a power of attorney for a representative (if necessary);
- if the applicant is a legal entity: a document on the establishment and registration of the legal entity, registration number, and a document confirming the right of the individual submitting the application to represent the legal entity;
- if the request is submitted on behalf of a minor, the applicant must submit a copy of a document confirming kinship with this person.
The application must be signed by the person submitting it. It shall be submitted in electronic form.
The application is received by the Request Chamber, which acknowledges its receipt and informs the applicant of the applicable procedure and deadlines. The applicant has further contact only with the Chamber of Inquiries.
Within one month from the date of receipt of the application, the Chamber of Inquiry informs the applicant whether the application is admissible.
The Commission then checks whether the applicant's data is available in INTERPOL databases. To simplify this task, the applicant should mention the source of the data, i.e. the country or organization that may be looking for him/her.
Applications for deletion / amendment of data shall be examined within nine months from the date on which such an application is deemed admissible. Applications for access to information are considered within 4 months. This period may be extended.
The final decision of the Control Commission is sent to the parties within one month from the date of acceptance.
5. On what grounds does Interpol exempt from extradition?
5.1 Dual nationality. If the person against whom extradition is requested is a national of the State from which extradition is sought and that State does not provide for his extradition.
5.2 Political nature of the prosecution. Applies if there are reasonable grounds to believe that the extradition request was motivated by political considerations, including if the prosecution is aimed at bringing the person to justice for political beliefs.
5.3 Threat of torture or inhuman treatment.
5.4 Expiration of the statute of limitations for criminal prosecution.
5.5 Risk to the health or life (old age, poor health, etc.) of the person in case of extradition.
5.6 Absence of bilateral agreements between the States involved in the extradition process.
During 2023, the Commission also considered three complaints of violation of the principle of “ne bis in idem”, i.e. “no one can be punished twice for the same crime”.
6. What is the procedure for defending against extradition?
Persons against whom a Red Notice (Red Notice) has been issued may be subject to extradition.
The person against whom a Red Notice has been wrongly issued files an application with the File Control Commission requesting the deletion of the data held in the Interpol files. The application must be well reasoned and must be accompanied by supporting documents. These documents may include:
- judicial acts;
- decisions of other authorities;
- arrest warrants;
- information about the applicant's activities.
The Commission may request additional information and, in the course of examining applications, has the right to consult with the Interpol General Secretariat and any other relevant organizations for information or clarification.
The Commission shall then examine the facts as stated by the applicant and the documents submitted by the applicant, as well as the facts recorded in the Red Notice.
In order to make a decision, the Commission must determine whether the information in the Red Notice is sufficient to establish an extradition offense, as well as the other circumstances of the case.
The Commission's decisions can be reviewed. An application must also be made. It will be considered if the totality of the circumstances are met:
- Statement of new / newly discovered circumstances;
- justification of the reasons why the Commission would have reached a different decision if it had been aware of the circumstances at the time of the original application;
- submission of new information within 6 months from the date of appearance / discovery of new or newly discovered circumstances.
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