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Ben Keith, co-founder of IHR Advisors, answered practitioners’ questions at a seminar on extradition, INTERPOL and Ukraine on Friday 30 October, hosted by EQUITY law firm. The questions were practical ones: silence from the Commission for the Control of INTERPOL’s Files (CCF), pre-emptive requests, interim measures, Diffusions and Article 3 of INTERPOL’s Constitution. His answers are below, edited for length and clarity.

The CCF has stopped replying. What can the defence do?

The CCF now handles applications through an online portal. It replies when it has something to say and not before, which can mean months of silence. Chasing is possible, but it rarely gets a response. The CCF now waits for the requesting country to answer, and some states never do. In earlier Ukrainian cases, INTERPOL treated six or nine months without a reply as acceptance of the applicant’s submissions. It kept the right to reconsider if the state came back later, and Ben has seen the same approach with China recently.

Sending more evidence is usually counterproductive. Update the file if the case really changes. Otherwise, in his words: ‘If you can make that argument in 10 pages, then they will remove it.’

Are pre-emptive requests worth making?

A pre-emptive request asks INTERPOL not to publish a Red Notice before any country has asked for one. Nothing in INTERPOL’s Rules on the Processing of Data (RPD) provides for it, and INTERPOL is still deciding whether to accept such requests at all. Until a state applies, the request sits on the file unread.

Results vary. In one of Ben’s cases, no notice was issued, and the CCF’s letter saying it had taken ‘appropriate measures’ confirmed that. In another, the state applied two and a half to three years after the pre-emptive request. The notice was issued without any ruling on the request, and the defence was invited to make further submissions. Human rights arguments on their own rarely stop a notice. The exceptions are a real risk of the death penalty or serious harm, or a client who is a journalist or human rights defender. He still files pre-emptive requests.

How often does the CCF grant interim measures, and what counts as urgent?

Hardly ever, and almost never in time to help. A planned trip is never urgent. Urgency means detention with a real risk of removal to a state such as China, Bahrain or Saudi Arabia, where the death penalty or torture is in prospect. The more realistic outcome is blocking once the CCF reads the file. In a recent Russian case against a Ukrainian client, the CCF blocked the data about two months before the hearing, kept it blocked when the hearing slipped, and then deleted it as politically motivated.

A client is detained abroad on a Red Notice. What comes first?

Trusted local counsel. Once the client is arrested, the notice has done its job. Deal with bail and the extradition request first, and come back to INTERPOL a few weeks later.

How do you find and challenge a Diffusion?

You find a Diffusion the same way as a Red Notice. Ask INTERPOL, or assume one exists if your client faces a domestic prosecution. Otherwise people find out at the border. The challenge procedure is the same. Since about early 2025, writing to the CCF about a Diffusion, especially an older Turkish one, has often led the General Secretariat to review it and remove it as non-compliant. That ends the matter without a full CCF decision. You get a letter, not a reasoned judgment, but it works.

What persuades the CCF that a case is predominantly political under Article 3?

Treat it like a Refugee Convention claim, not Article 18 of the European Convention on Human Rights, whose test Ben calls ‘ludicrously high’. Imputed political opinion applies, so a client does not have to be a politician. Being seen as close to a political figure is enough, and so is holding information a government wants. Explain who is driving the case, what they want from the client, why the charges are fabricated, and what follows: ill-treatment, pressure, or an unfair trial. Local detail needs context. Evidence of manipulated judge allocation at Ukraine’s High Anti-Corruption Court will mean little to the CCF unless it is presented as political interference in the justice system.

Does a CCF deletion help in extradition proceedings, and the other way round?

A reasoned deletion helps, but the timing rarely matches. A reasoned extradition discharge is among the strongest evidence you can put before the CCF, but it does not lead to deletion automatically. Several CCF decisions have held that blanket protection for Ukrainian nationals in Austria and Italy was not enough. Discharges on technical grounds, such as papers that never arrived, help without being decisive.

Should we write to the General Secretariat separately?

Not usually. The CCF is now the single point of contact and passes matters to the General Secretariat itself. The exception is when you are making a public point about a pattern of abuse.

The CCF has refused. What next?

A revision request, but only with significant new evidence. Examples are co-defendants granted asylum elsewhere, or findings by Amnesty International or Human Rights Watch. The CCF now limits the reopening request to two pages.

Do expert reports from former international judges carry weight?

The problem is expertise more than partisanship. The CCF and domestic courts give most weight to experts with in-country knowledge. Thematic UN Special Rapporteurs, for example on torture or human rights defenders, and members of the European Committee for the Prevention of Torture (CPT) who have inspected places of detention, can be very useful.

Does an asylum application help or hurt?

‘It always helps.’

How IHR Advisors can help

We act for people facing Red Notices, Diffusions and extradition requests, including from Ukraine and Russia. We make pre-emptive requests, applications to the CCF and requests for revision, and we work with local counsel when a client is arrested abroad. Our INTERPOL practice sits alongside our international law work on asylum and the European Convention on Human Rights.

Our thanks to EQUITY and Dr Ganna Yudkivska for organising.

If you think you may be the subject of an INTERPOL notice, contact us in confidence.

Contact details

If you would like to speak with us about our areas of practice or anything else please contact us via the form linked below.

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About the Author

Áine Macdonald Paralegal

Before joining IHR Advisors, Áine worked at the International Bar Association’s Human Rights Institute (IBAHRI) as a Programme Coordinator and as a lawyer in the Office of Baroness Kennedy of the Shaws. Áine was the lead author of the IBAHRI’s report on the destruction of cultural heritage in Nagorno-Karabakh, as well as supporting author of reports into Gender Apartheid in Afghanistan and Iran, and Conflict-Related Sexual Violence in the DRC. She also worked with civil society organisations to organise Parliamentary sessions on human rights issues, including universal jurisdiction and children’s rights in armed conflict. Earlier in her career Áine worked in the Magistrates’ Secretariat at the Ministry of Justice. She is an unregistered barrister, called to the Bar of England and Wales in November 2023.

Áine holds a First Class Master’s degree in Globalisation and the Law, specialising in human rights, from Maastricht University. During and after the degree, she was a research assistant on a project on how armed conflict affects children in unrecognised states. She earned her LLB in English and European Law from Queen Mary University of London in 2020. As part of that degree she spent a year in Bologna, Italy, studying Gender and the Law and Law and Psychology.

Áine currently volunteers at the South Westminster Legal Advice Centre, as an Independent Custody Visitor in the Mayor’s Office for Policing and Crime and as an advocate for the Free Representation Unit, taking on social security cases. She has also volunteered with the Global Bioethics Initiative, Education Partnerships Africa and the Environmental Rights Centre for Scotland.

She is qualified to teach English as a second language and speaks English and conversational Lithuanian.

 

 

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