Interpol Red Notices Prevention and Deletion: Brazil

The state authorities in countries seeking an Interpol Red Notice, such as Brazil, typically provide specific information to Interpol. Inconsistencies and lack of clarity in the data are often substantial grounds to challenge the order. The Inability to provide the minimum data sought by Interpol is often an avenue of success when seeking Interpol Red Notice deletion.

The information needed to seek an Interpol Red Notice includes the following:

• Identity of the individual: The full name, nationality, date of birth, and any identifying details of the person sought.
• Offence description: A clear and detailed description of the alleged criminal offence(s) for which the individual is wanted.
• An arrest warrant or judicial order: Brazil would submit a copy of the warrant or any other relevant judicial order issued by the competent authorities within their jurisdiction.
• Legal basis: Brazil would outline the specific legal provisions under which the offence (s) fall and the corresponding penalties.
• Supporting evidence: Brazil may include any available proof or documentation supporting the allegations against the individual. This could include witness statements, expert reports, investigative findings, or other relevant materials.
• Personal details: Information about the physical appearance, known aliases, known addresses, and any other pertinent information that could aid in identifying and locating the individual.
• Requested actions: Brazil would specify the actions they expect other member countries to take upon locating the wanted individual, such as provisional arrest, extradition, or other appropriate measures.

It’s important to note that the specific requirements for issuing an Interpol Red Notice may vary depending on the laws and procedures of the issuing country, in this case, Brazil.

Determining whether you are the subject of an Interpol Red Notice issued in Brazil is the starting step.

Individuals can check the Interpol website to see if their name appears on the wanted persons’ list. Interpol’s website has a public search engine that allows anyone to search for Interpol Red Notices by the name of the person in question. However, please be aware that not all notices are publicly disclosed. Our lawyers support clients with determining whether they are subject of an Interpol Red Notice.

Applicants must submit the information request in English, French, Arabic or Spanish, and Interpol will evaluate this request for admissibility. Once presented, the Commission for the Control of Files (CCF) will review the Interpol Information System (IIS) for any entries related to them. If an entry exists, the CCF will assess whether it needs to be rectified or removed. The CCF will contact the General Secretariat (IPSG) if the entry requires an update or deletion.

Individuals must ensure that the request for information meets the specified requirements to achieve a favourable outcome. At Schlun & Elseven, our experienced extradition law team has extensive experience in submitting such requests and can be relied upon to do so accurately.

Upon discovering that you are the subject of an Interpol Red Notice issued by Brazil, it is necessary not to panic. Our extradition lawyers are available to examine your case and outline the required steps regarding challenging such Interpol Red Notices.

There are several grounds for successfully challenging the validity or accuracy of an Interpol Red Notice. Determining that there is a political motivation behind the Interpol Red Notice is a substantial ground to challenge it. Interpol Red Notices can only be issued for criminal law reasons, and therefore, they cannot be politically motivated. Similarly, they cannot be given for military, religious or racially discriminatory reasons.

Often these grounds are hidden by states issuing the Red Notice, and this is where the value of an experienced Interpol lawyer is crucial. Our lawyers will advise you on identifying such political motivations and proving them to Interpol authorities.

Double jeopardy is another potential avenue to challenge an Interpol Red Notice. Double jeopardy cases are those whereby the person subject to the Red Notice has already been acquitted, convicted, or served a sentence for the same offence in another jurisdiction. Should this be the case, they may argue that the Red Notice violates the principle of double jeopardy.

The strength of the evidence is another route to challenge an Interpol Red Notice. Some data needs to be shared with Interpol before they can issue a Red Notice, and this can be a route for challenging the Notice in cases where there are inconsistencies or inaccuracies. A successful defense can involve demonstrating that the evidence is unreliable, insufficient, or based on false or misleading information.

There can be credible human rights considerations in several countries, and extraditing the individual could result in human rights violations. Such matters can include where potential torture and inhumane treatment may be in store for the individual. In other cases, there can be concerns about the individual’s rights, such as the right to a fair trial and legal representation.

Removing an Interpol Red Notice often involves contacting Brazil’s National Central Bureau (NCB) with a formal request to withdraw or cancel the Notice. This request must be carefully considered as it should provide detailed information regarding the exact grounds for the removal. Similarly, detailed evidence needs to be provided with this request. Once the request has been made, the NCB will carefully consider its merits and determine how to respond.

Should the Brazilian authorities decide to remove the Interpol Red Notice or be open to it, our extradition and Interpol lawyers will be ready to guide you through the process.

However, our lawyers can also appeal to Interpol’s General Secretariat, specifically the Commission for the Control of Interpol’s Files (CCF). Their role is to ensure compliance with Interpol’s rules and regulations. Our team can therefore highlight any issues relating to violations of international laws, human rights or Interpol’s Constitution and can demonstrate to them if there are indications of political motives behind the Notice.

When submitting a request to the CCF, our lawyers will ensure that the request is comprehensively prepared, highlighting any legal, factual, or procedural deficiencies in issuing the Red Notice. They will also submit the required supporting documentation, including legal opinions, court decisions, expert reports, or any other evidence that undermines the validity or accuracy of the Red Notice. As experts in Interpol law, we will ensure to adhere to all deadlines, submission requirements, or other procedural aspects specified by the CCF.

There have been substantial reasons for concern relating to Brazil’s human rights record in recent years. Such concerns can be grounds for a successful legal defense in matters concerning Interpol Red Notices issued by the country.

Recently, significant concerns have been about the right to freedom of expression and the press. Activists, human rights defenders, journalists and voters in the recent election have been reported targets of politically-motivated violence and intimidation. According to recent surveys, a majority of people surveyed felt afraid to express themselves politically in the country.

The government of Jair Bolsonaro was deemed by many to be a threat to democratic rule in Brazil as he threatened to answer judicial investigations by using methods “not within the bounds of the constitution”. Such an environment has allowed politicians to attempt harassment and intimidation of the country’s Supreme Court and judicial system more generally. Although Mr. Bolsonaro is no longer in power in Brazil, having lost a recent election, there may still be significant human rights matters and question marks over judicial independence that need to be considered when faced with an extradition order to the country. Brazil’s general political landscape has been significantly unstable.

Brazil’s human rights record has generally been questioned in recent times. When facing extradtion to Brazil, it can be worthwhile to call into question the likely prison conditions that an individual may face there. There have been reports of human rights concerns there, such as overcrowding in prisons, inadequate conditions, and reports of torture and ill-treatment. Moreover, there have been calls for improvements in the Brazilian criminal justice system, including addressing issues related to pretrial detention and access to legal representation.

Public security forces in Brazil have also used the “War on Drugs” as a reason to implement deadly actions. Police abuses and actions have contributed to a cycle of violence that undermines public security and endangers the lives of civilians and police alike. Such action can be reasonable grounds for querying personal safety should the individual be extradited to Brazil, and can lead to questions about whether a person can expect to be treated fairly in Brazil.

Additionally, there have been reports that the Brazilian authorities have been reluctant to adequately investigate cases of excessive use of force or ensure that those directly responsible or in the chain of command have been brought to justice.

Brazil has faced criticism for matters involving indigenous people’s rights, the protection of LGBT people and the rights of environmental activists. Human rights organizations have called for greater protection and equality for these communities. It must be noted that Brazil is a diverse and complex country, and its human rights situation can vary across different regions and contexts. However, many of these concerns must be considered by people facing extradition orders. They can provide a basis for incorrect information, politically motivated actions and other abuses of the Interpol Red Notice system.