INTERPOL and unresponsive NCB's- what happens when they just don't answer?

Estlund Law, P.A.
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A reader recently wrote to ask what happens when an INTERPOL member country's National Central Bureau (NCB) does not respond to INTERPOL's requests for confirmation of information supplied by a Red Notice subject or his attorney.

An NCB is obligated to respond to INTERPOL's request for information in order for INTERPOL to properly process individual requests for access to INTERPOL's files, and when the NCB responds in a timely fashion, INTERPOL is able to do the same regarding the request.

However, there are times when the NCB either completely fails to respond.  When this happens, INTERPOL can and does make a determination regarding the subject request based upon the information it has available.  That decision may be favorable to the individual or not.

The reader also asked about approaching INTERPOL in person or via telephone in order to obtain a response. Neither approach is likely to be successful, because INTERPOL's independent body that addresses all requests for information and relief, the Commission for the Control of INTERPOL's Files, requires that all requests be sent to it via post.  Postal requests are also the only means of keeping inquiries confidential.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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