Cases of a Clearly Political Nature and the CCF’s Assessment Criteria

The Commission for the Control of INTERPOL’s Files assesses every request individually, taking into account the specific evidence of the case, the applicant’s personal circumstances, and the practices of the requesting country. There is therefore no automatic deletion procedure. However, certain factors significantly increase the likelihood that a request for deletion will succeed.

Political Allegations: The Scope of Article 3

Article 3 of the INTERPOL Constitution prohibits the Organisation from undertaking any intervention or activities of a political, military, religious, or racial character. Accordingly, the following types of cases are generally regarded by the CCF as falling within the scope of Article 3:

Freedom of expression;
Peaceful protests and acts of civil disobedience;
Journalistic activities;
Academic work;
Membership of associations, signature campaigns, and civil society activities;
The criminalisation of otherwise lawful activities.

In such cases, the CCF has a strong tendency to order the deletion of Red Notices or Diffusions, as these allegations fall outside INTERPOL’s constitutional mandate.

Fair Trial Guarantees and the Risk of Torture or Ill-Treatment

The CCF takes international human rights standards into account when assessing requests. In particular, the following circumstances may support the deletion of INTERPOL data:

Criminal proceedings conducted in countries where judicial independence and impartiality cannot be guaranteed;
Cases in which access to legal counsel has been denied or statements have been obtained through procedurally defective practices;
Proceedings involving the misuse of anonymous witnesses or the unlawful collection of digital evidence;
A real risk of torture, ill-treatment, or prolonged solitary confinement if the individual is returned to the requesting state;
The applicant has been granted refugee status or another form of international protection (as a general rule, the CCF does not allow INTERPOL data to remain in place in such cases).

Other relevant considerations include the expiry of limitation periods, insufficient evidence, the absence of a proper legal basis, or allegations that appear arbitrary or manifestly exaggerated.

Quality of Evidence and Consistency of the Narrative

One of the issues most consistently emphasised in CCF decisions is the quality and consistency of the evidence submitted. Supporting documentation should therefore be:

Reliable;
Chronologically accurate;
Capable of being verified through independent sources; and
Consistent with the applicant’s previous statements.

General allegations, unverified assertions, or broad political arguments are unlikely to satisfy the CCF’s evidentiary standards. An application should instead present a coherent, chronological, and well-documented factual record supported by objective evidence.

The CCF’s Overall Approach: Balancing International Cooperation and Human Rights

In carrying out its mandate, the CCF seeks to strike a balance between:

The need to facilitate international cooperation in combating crime; and

The protection of individual rights and fundamental freedoms.

In cases involving allegations of a political nature, however, this balance is generally resolved in favour of protecting fundamental human rights.

Accordingly, factors such as politically motivated prosecutions, recognised refugee status, the absence of fair trial guarantees, or a real risk of torture or ill-treatment substantially strengthen an application seeking the deletion of INTERPOL data.