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Interpol Response re. Green Notices

Submitted by Steve: Some off you are aware that I sent in a inquiry to Interpol that questioned their standards for issuing green notices…well I got a response back from Interpol, Lyon Paris (Yes the mothership AJ)

In my letter I stated that I have not yet had a green notice issued against me (haven’t travel abroad yet) but asked the question are they appealable. I pointed out to them that the US government does not assess any Registered Sex Offender for dangerousness they just send out blanket notices to Interpol.

I posted, in the International travel thread, the standards to which Interpol sends green notices and somebody has to be a threat. Now my interpretation, of course, is that there is no way for the US government to know I’m a threat without an assessment.

I let them know I was traveling in June to Paris with my family and my conviction was 21 years ago and had nothing to do with child trafficking.

Here’s some of the response:

“We acknowledge receipt of your correspondence addressed to the Commission for the Control of Interpol’s files.”

“Insofar as you have provided the required documents (copy of my passport)  your request is admissible.”

“The following procedure applies to the processing of admissible requests:
The commission first checks whether any data concerning the Applicant are being processed in Interpol’s information system (probably none since I haven’t traveled) If so the commission examines THE COMPLIANCE OF THE PROCESSING OF THESE DATA WITH INTERPOL’S RULES (BINGO someone is listening) on the basis of the information available to it. In this context it considers ALL ELEMENTS and documents provided by the Applicant in support of his/her request.”

“In accordance with article 34 of it’s statute, the commission may seek additional information or clarification form the applicant…..”

“When the commission considers it has received sufficient information to reach a conclusion on a request, it shall generally decide on the request for deletion/and or correction of data within 9 months form the date the request was ruled admissible.”

“The commission shall provide it’s decision to the INTERPOL General Secretariat within one month from when the decision was made”

“The commission shall provide the applicant a written decision and reasoned decision no later than one month from the date on which the Commission received notification.”

“We Will keep you informed of further developments in due course.”

Yours Faithfully,
Secretariat to the Commission for the Control of INTERPOL files.

I have no idea where this is going to go and have no real expectations but it sure is refreshing to actually get a response back unlike trying to get FOIA from any of our government entities.

I would suggest anyone that has had a green notice experience to write them and try to appeal it. Question their standards and reiterate our government doesn’t assess anyone so how can we be considered a threat.

Join the discussion

  1. New Person

    Great Job! Hope they do query what the US is doing and how it isn’t compliant with INTERPOL’s process.

    • Notorious D.I.K. / Kennerly

      Not compliant with INTERPOL’s rules? Hell, they’re IN on it. They have lobbied for such notifications. Their point man there is Irishman Mick Moran who is as gung-ho about keeping “sex offenders” from traveling as he could possibly be.

  2. Joe123

    Wow, very impressive! Clearly there is an appeals process. I am guessing that by default anyone on a public registry gets a green notice when they submit a 21 day advance travel notice. However, it looks like Interpol has some removal procedure. So that’s good.

  3. David

    Hi Steve,
    As I have posted on the travel thread, upon arriving at CDG Airport in September, my flight was met by several French policemen waiting for me. (Frankly, I found it more amusing than uncomfortable! The French are wonderful, but thoughts of the Pink Panther’s Inspector Clouseau were in my head as I greeted the officers! 😄)
    Could you please provide the Interpol contact’s name and address to which you wrote? I’m very interested in writing to them to get more information and to appeal any notices that are being sent to Interpol about me. Many thanks, David

    • AO

      @David, Did they still let you enter the country after questioning you, or were you sent back? Thanks!

      • David

        @ AO,
        In answer to your question, yes, I was permitted to enter France after a short interview comprised primarily of the standard Customs questions (i.e., What is the purpose of your travel? How long are you staying? Where will you reside while here? Will you be traveling to any other countries? Etc.) There were no questions at all about my past conviction or criminal history. From what I could gather from their questions and their neutral demeanor towards me, it appeared that they may have had no knowledge of why they had been instructed to pull me aside and question me.)
        when they were done with their questions, they said o “Okay, thank you for your time. You are free to collect your luggage and continue your holiday.” One of them then escorted me directly through Customs and directed me to the baggage pickup area.
        Despite the brief delay caused by the unusual welcome, my vacation in France continued without a hitch. (I travel to Europe every year and I’ve never had any problems with Customs (aside from this year’s unusual welcome which only amounted to a slight delay.)

        • E @ David

          David did you already get your marked replacement passport? Where to this year?

          My situation was similar last time in Europe, but with a hitch. I had no issues in Frankfurt but was then pulled aside in Spain after flying there from FRA. Since there’s no passport control after an intra-Schengen flight they were checking all passports as people left the baggage area; as soon as they found me they stopped checking passports and said, “please come with us.” They also seemed to not know why they’d been told to question me. Very friendly and apologetic. However, if I’d had a marked passport I wonder how the questioning would have gone.

  4. steve

    I forgot to mention above you have to email them first to get the balm rolling. They will ask for ID and give you a reference #. You have one month from the date of that email to respond back with your question and your I’d mailed back to them.
    I don’t remember exactly how I got to the web page that has the online submittal but just search Interpol request for files or information. I’ll try and look as well.

    • David

      ‘Will do, Steve! Thanks. 👍
      (I’m really curious what was sent to the French to inspire their very memorable “personal welcome”.)

  5. cool RC

    On their about page.
    https://www.interpol.int/About-INTERPOL/Overview
    NEUTRALITY
    At INTERPOL, we aim to facilitate international police cooperation even where diplomatic relations do not exist between particular countries. Action is taken within the limits of existing laws in different countries and in the spirit of the Universal Declaration of Human Rights. Our Constitution prohibits ‘any intervention or activities of a political, military, religious or racial character’.

    I think you did a smart thing by checking on this. I think we need contact them more often. They may start rejecting Green Notice because this kind of this does seem to conflict with Declaration of Human Rights,

    Great work!!

  6. 290 air

    Steve,
    That was a great idea. I was wondering since I had a psychiatrist conduct the SARATSO (static-99) test that I can actually claim that I was evaluated/assessed. I think he did 3 different tests and all came back between low-risk and extremely low risk. (my conviction was 21 years ago too) So that might be an option for people too. I paid Rick Oliver PhD up in San Luis Obispo about $1500 to conduct it and write it up when I was trying to get removed from the registry. Although it didn’t work for that (shocker) maybe it will work much better with Interpol…

  7. AJ

    @steve:
    Great work! Thanks for doing this for all of us, whether travelers or not. I’m impressed that the whole process has only taken about a month or so–pretty good for a bureaucracy. I guess I’m too used to things in this country “moving at the speed of government.”

    Does anyone have an idea if it’s “one and done” regarding Notices, or do the Feds send one each time a POTR travels? If the latter, this appeal process may not be nimble enough to overcome Uncle Sam’s hijinx.
    If they issue every time, they may wait until 72 hours beforehand, then pull the Notices once they know we’re back in the U.S. That would make it nearly impossible to challenge or overcome. If it’s one and done, the appeal process should work much better for us.

    One possible way to “test the defenses” of the Feds and Interpol would be to buy a fully refundable (read: expensive!) ticket, right after your credit card statement rolls over, for travel prior to your next statement; file IML travel paperwork; ping Interpol sometime near your travel date (48 hours? 24 hours?); cancel your refundable ticket; stay home and await Interpol’s response.

    • Notorious D.I.K. / Kennerly

      The “sending” of notices is not the extent of “notifications” which are not only “sent” but also “inserted” into a database where they will continue to live and be continuously available to any immigration officials, until such time as they are deliberately removed. In other words, there’s more than one way to kill a cat. We’re the “cats,” btw.

      • steve

        Exactly DK. It appears once you are in the system you have the ability to contest that. I’m traveling before this nine month time table they have given me to respond. I have a feeling I’ll be doing this all over again if the US sends a green notice on me. But it’s good to know this is available.

  8. Cam

    I’m very curious if anyone has either traveled to Port Louis or the Seychelles since the implementation of the IML. I’m planning to travel in March, and would like to know if anyone has ANY information on this region.

  9. Cam

    Hi, I’m curious if anyone has attempted to fly to Port Louis or the Seychelles since the implementation of IML? If so, what were the results? I’m planning a trip in March and would like to have any information about this particular region.

  10. USA

    Great points! Can you possibly share what a Green Notice is? Lastly, my expunged plea was over 21 years ago! I’ve never had been tested via SARATSO? I did my own test/low etc. How will they implement SB 384 without this? Or, as many studies have been noted, it’s not really valid if your crime free etc after 10 years.

  11. Richard L

    Will hi ever one i am new at this ok just off my probation in Oct of this year 2018 for a sex note to a 15 year girl so i got charge with SOLICITATION OF A MINOR But i was traveling to Hong Kong to meet my wife did not know landing in China would get me turn back but it did yes i gave my 211 day notice . will next time i will fly right to Hong Kong So i lean some thing new always fly direct to her .So just watch out i guess . thanks Richard

    • NY wont let go

      They sent you back at your layover destination? Thats a bit nuts. Last time i was there though China rushed me through immigration because my plane was about to leave.

      Thats a long expensive flight… 20 hours one way if you get a more expensive ticket.
      Hope you ger to see your wife soon.

  12. David Kennerly

    INTERPOL member countries have total control over notifications (to issue or not to issue) about one of their own citizens. The only real exception is when one of those member nations, e.g. Russia or Turkey abuse the system of notification to get other countries to arrest one of their dissident citizens and attempt to repatriate them so that they can throw them into a cage back home. That power is being challenged, increasingly.

    • Tuna

      Or in the way Russia has been issuing Red Notices for years against Bill Browder, the father, as it were, of the Magnitsky act.

  13. USA

    Thanks AJ! Is this what the US does to forwarn or inform Foreign Countriues someone required to register is coming? Here is my question? I realize some (those) convicted of child related offenses are given a new passport with an identifiable marker? Are they given a green notice as well? What about those not convicted of a child related offense? Expunged offense?

  14. ca

    Green Notice
    To provide warnings and intelligence about persons who have committed criminal offences and are likely to repeat these crimes in other countries.

    since RSO have the lowest reoffend rate. Green card shouldn’t apply

    • TS

      That second part about the likelihood of reoffending w/o an assessment is what chaffes my hide since no green notice assessment is completed for Interpol or is transmitted by the travel notified office we know of (should one be done for/by them or previously by other). It’s all conjecture unless data has shown otherwise. Like to challenge that with Interpol with assessments I’ve had done on my own in my defense. Maybe useless since there’s history but just to prove a point with them…

  15. jist a nobody

    maybe this might help
    Interpol: How to challenge an international arrest warrant (red notices and diffusions)?
    http://kaarls-strafrechtadvocaten.nl/english/interpol-red-notice-and-diffusion-removal-request/

  16. cool CA RC

    another legal team promoting themselves as “expert’ in “INTERPOL RED NOTICE REMOVAL LAWYERS: TYPES OF NOTICES”
    http://www.mcnabbassociates.com/types-of-notices.html

  17. ca

    More information
    http://kaarls-strafrechtadvocaten.nl/english/interpol-red-notice-and-diffusion-removal-request/

    Therefore a red notice or diffusion must be removed because:

    there is (only) a political, religious or racial motivation
    human rights will be violated

    A red notice or diffusion must be removed also because the case is not serious enough. This is decided by looking at the length of the sentence. There are two elements:

    there is a conviction already; a red notice may not be ‘published’ to seek extradition in order to serve a sentence less then six months’ imprisonment.
    there is no conviction yet; a red notice may not be ‘published’ to seek your return to face prosecution and trial unless the offence in question is punishable by at least two years imprisonment.

    Article 83 of the Rules on the Processing of Data sets out specific criteria for ‘publishing’ red notices. For example ‘publication’ of a red notice is prohibited:

    the offence in question raises ‘controversial’ issues relating to behavioural or cultural norms (for example adultery)
    the offence originates from ‘a violation of laws or regulations of an administrative nature or deriving from private disputes’ (for example offences regarding an unfunded cheque / bounced cheque)

  18. Ali

    Each country can still turn away anyone for any reason…. but this green notice does more harm than good… what does this mean, what steps do I take for this news? Do I have to follow up with interpol each time I give my 21 day travel notice?

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