An INTERPOL defense attorney walks through how to challenge a Red Notice using the CCF process. You submit one application to confirm it exists, then a second to request removal with documents and affidavits. There's no appeal if denied, so you need strong evidence the first time.
Chapters
You want to confirm that there actually is a red notice against you, and so you do that by submitting an application to the CCF. Your ability to challenge the assessment of Interpol is very limited, so it's important to figure out exactly what kind of evidence you need to marshal to present on your own behalf. So what do you do if there is a red notice against you? Well, you can challenge your inclusion on that list, and there is a process by which that happens, and this is kind of how it works. So first of all, you want to confirm that there actually is a red notice against you, and so you do that by submitting an application to the CCF, giving them their 4 months to, you know, confirm whether or not you're actually on the list. Okay, now once you're, you know, that you are actually on that list, you can then seek your removal from it. And you do that, there's another application process. And during that application process, again, it goes to the CCF, and you as the person challenging that inclusion have the right to submit evidence including documentary evidence, affidavits, You may want expert opinion. You can provide a lot of information to the CCF and they will go back and they will reassess your inclusion on that list. Now, what's really important about this is that there is no appellate procedure. If you are not successful in having your name removed from the list, there's really only sort of one way to kind of correct that. There's a statute that allows you to provide essentially like newly discovered evidence. Okay, you have to do this within 6 months of uncovering what this new evidence is, and you can take that information, reapply to the CCF and say, hey, look, you know, if you had had this information before, you would have ruled in favor of me and you would have taken my name off of this list. So, but it's really important to know, I mean, unlike, you know, what we have in the United States, for example, when there's an opinion that is adverse to us, you know, we're used to seeking a higher court to like review that determination, you know. And so an appellate court may say, you know, the judge abused his discretion, or, you know, there was incompetent evidence that was submitted. So those challenges do not exist in this process. And that is why if you're going to attempt to have yourself removed, have a red notice removed, that you better do a really good job from the very beginning. Your ability to challenge the assessment of Interpol is very limited. So it's important, right? I mean, when you're doing this, you want to think thoughtfully about it. You want to sort of figure out exactly what kind of evidence you need to marshal to present on your own behalf. And so just know that this is not a simple process, and it's one that takes a lot of thought a lot of labor because you really just have like one shot at it. So if you have any questions about this, if you have any questions about red notices in general or Interpol or your inclusion on these lists, please feel free to reach out to us. I can be reached at area code 803-445-1333, or please feel free to reach us at our website, which is www.elizabethfranklinbest.com. And leave us a message there. Thank you.
