Removal of INTERPOL alerts, a few examples
Kaarls Attorneys at Law offers unrivalled expertise in advising on INTERPOL deletion of data requests.
Our law firm has an outstanding track record in successfully challenging INTERPOL alerts.
If necessary, we cooperate with our worldwide legal network. Upon our request INTERPOL removed red notices, diffusions, blue notices, green notices and yellow notices.
A few examples of our INTERPOL cases:
Lebanon - Russia : deletion of red notices and a diffusion
Upon our request four red notices issued against four South African businessmen were deleted from the INTERPOL systems. Our clients, members of the board of an international active mining company, had a dispute with a Russian oligarch. This commercial dispute led to the issuance of red notices on the request of Lebanon and a diffusion on the request of Russia. Our clients were subject to a red notice and a diffusion for ''theft'' and ''fraud''. Our detailed submissions to INTERPOL were successful. Upon our request INTERPOL first implemented provisional measures, meaning the blocking of the data. Subsequently, the Commission for the Control of INTERPOL’s Files (CCF) decided that the red notices and the diffusion were not compliant with INTERPOL's rules. The deletion of data was, as in every case, confirmed to all INTERPOL member states. Read more: The Standard, Sunday Times 1, Sunday Times 2, Sunday Times 3.
Arab states : UAE, Qatar and others : deletion of red notices
Upon our request many red notices were deleted of numerous business people and other individuals from all over the wold, accused or convicted in mainly Arab states as the United Arab Emirates and Qatar for offences such as; ''the issuance of cheques in bad faith'', ''breach of trust'', ''fraud'' and ''embezzlement''. Many of these criminal law cases concern unpaid debt cases and the so called bounced cheque cases. Our detailed submissions made clear that the allegations and/or criminal convictions (in absentia) in all these cases didn’t meet the criteria of ‘’serious ordinary-law crimes'' as determined by the Commission for the Control of the INTERPOL’s Files (CCF). We successfully challenged many INTERPOL red notices and diffusions based on the fact that the underlying dispute was of a civil, commercial or administrative nature. Read more.
Malaysia : deletion of red notice
Upon our request a red notice issued against a Malaysian well-known businessman was deleted. Our client, the founder of Asia Media, had run into a conflict with the Securities Commission Malaysia. A red notice was issued by Malaysia (The Star, BusinessToday). We were able de demonstrate that the red notice was issued in breach of INTERPOL’s rules. The Commission for the Control of INTERPOL's Files (CCF) agreed with our position that the red notice did not meet the requirements set for the quality of the INTERPOL data, (the interest of the data for) the purposes for international police cooperation and the specific conditions for the publication of red notices. The CCF considered amongst other things that; ‘’there is a question as to the seriousness and interest for police for international police cooperation and the international character of the crime in relation to the extraditable nature of the offence‘’. The CCF established that doubts exist concerning the accuracy of the charges related to fraud / money laundering as found in the red notice.
Brazil : preventing and blocking red notice
By submitting a preventive request at the Commission for the Control of INTERPOL’s Files (CCF) we were able to secure the deletion of data concerning a financial advisor. Our client provided normal and regular financial services as an investment manager to a wealthy businessman, who was a suspect and a key figure in the extensive Brazilian fraud investigation; Operação Lava Jato (Operation Car Wash). Brazil intended to issue an INTERPOL alert against our client, but there were significant ambiguities and doubts about our client's concrete de facto criminal behaviour. There was also a lack of clarity as to whether Brazil had jurisdiction in this case now that all relevant facts had occurred outside Brazil.
Argentina : deletion of red notice - data remain non compliant with INTERPOL's rules after revision
Upon our request a red notice issued by Argentina against a Canadian/Italian lawyer was deleted. The red notice was issued against our client as part of the corruption trial against Argentina’s ex-President Kirchner.
Our submissions made clear that the red notice didn’t meet the minimum criteria for the issuance of a red notice. We were able to demonstrate that this red notice was in breach of INTERPOL’s rules.
Argentina did not agree with the decision of the Commission for the Control of INTERPOL's Files (CCF) concerning the deletion of the red notice. Argentina subsequently filed a request for revision. The arguments submitted by the judicial authorities of Argentina have been contradicted and refuted in detail by our law firm.
The CCF decided in the final decision:
In the present case, the Applicant is accused of having committed the crimes for which he is wanted by taking part in meetings which resulted in the creation of corporate structures and transactions that were used for purposes of money laundering, while he characterizes them as part of the due diligence process which he had to undertake as a lawyer and that no creation or establishment of any structure or transactions transpired during them.
On the basis of the information available to it and within the limits of its fact-finding mandate, the Commission finds that there are no elements to indicate prima facie that he would have acted mala fide or that he would have personally benefitted from the schemes in question.
The Commission finds that the elements provided by the NCB do not provide a sufficient clear and succinct description of the Applicant’s actions nor how they would be of a criminal nature. Instead, the response drafted by the national authorities is broad and does not establish the specific criminal actions for which the Applicant is being sought in the framework of the proceedings at hand.
Read more about the removal of the red notice: The Sun Turks & Caicos. Read more about the initial arrest: Clarin, Perfil, TC The Sun, CanalC, Notiar.com.ar
Venezuela : deletion of red notice
Upon our request a red notice was deleted issued by Venezuela against a Venezuelan / Spanish citizen. The judicial authorities of Venezuela stated that our client was involved in the murder of a member of the Guardia Nacional. However the Venezuelan authorities couldn’t provide any explanation about the specific role of our client. Our detailed and substantial submissions demonstrated that the notice issued against our client was in breach of INTERPOL’s rules. Read more: USA Today, RadioMundial.
India : deletion of red notice and yellow notice
Upon our request a red notice and a yellow notice issued against an Italian citizen were deleted. Our client was involved in a family matter, a custody procedure in India and Italy. Our client was charged by the judicial authorities of India with ''kidnapping'', ''criminal breach of trust'' and ''cheating''. Our detailed and substantial submissions demonstrated that this case was about a private family matter and that the specific conditions set for the publication of a red notice and a yellow notice were not met. INTERPOL is not the appropriate forum to deal with competing national court decisions. Read more: Times of India.
Zimbabwe : deletion of red notice
Our client, an Italian, worked as a country coordinator for an NGO. During the implementation of a project in Zimbabwe, questions arose about the justification of submitted invoices. Our client was ultimately responsible for (the financial aspects of) the project, which resulted in a criminal complaint filed against him in Italy. Ultimately our client was convicted by the Itialian court. Afterwards it turned out that our client had also been sentenced in absentia in Zimbabwe. However, this prosecution and conviction was contrary to the ne bis in idem / double jeopardy principle, meaning: no one should be prosecuted twice for the same offence. In addition, our client was never duly summoned to appear before any court in Zimbabwe. At our request, the Commission for the Control of INTERPOL's Files (CCF) ruled that it could not be established that the red notice at the request of Zimbabwe was compliant to the INTERPOL rules. The CCF deleted all data.
Nigeria : deletion of red notice
Upon our request a red notice issued by Nigeria against a Dutch businessman was deleted. Our client involved in a commercial dispute with a very rich Nigerian businessman was arrested in Italy in order to be extradited to Nigeria. Our client was the subject of a red notice for vague allegations concerning ''fraud and commercial fraud''. The judicial authorities of Nigeria couldn’t provide any detail regarding the role of our client in the alleged (commercial) fraud. Our detailed submission demonstrated that the red notice against our client was issued in breach of INTERPOL’s rules. Read more about the case: NRC.
Preventive requests : preventing and blocking planned INTERPOL alerts
By submitting so called preventive requests at the Commission for the Control of INTERPOL’s Files (CCF) we were able to secure the deletion of data of numerous clients. Several of our clients are subject to politically motivated criminal proceedings. as a result of which judicial authorities issued a red notice or diffusion for their arrest and extradition. Anticipating that the judicial authorities would take such steps, we submitted preventive requests for the deletion of data to INTERPOL identifying the grounds upon which inclusion of any notice or diffusion would be in breach of INTERPOL’s rules and procedures. As a result, when the authorities issued a red notice or diffusion on INTERPOL’s system, it was blocked by INTERPOL, pending its further enquiries and our further representations. In many cases we were able to demonstrate that fundamental human rights were violated and will be violated. Our interference resulted in the deletion of the red notices, diffusions and all other data processed in the INTERPOL Information System.
Cyprus : deletion of red notice
Upon our request a red notice was deleted issued by Cyprus against an German Citizen. Our client was the subject of a red notice for ‘’conspiracy to commit felony’’, threatening violence’, ‘’arson of a building’’. An European Arrest Warrant (EAW) was issued against our client by the judicial authorities of Cyprus. We were able to demonstrate that the red notice was in breach of INTERPOL’s rules. The CCF removed the red notice. Subsequently the EAW was withdrawn by judicial authorities of Cyprus.
India : preventing and blocking red notice
By submitting a preventive request at the Commission for the Control of INTERPOL’s Files (CCF) we were able to secure the deletion of data concerning a well-known Dutch crime journalist. Our client reported in India for a Dutch newspaper and the television-show Abducted (Ontvoerd). Our client was confronted with allegations regarding ''extortion'', ''kidnapping and abduction of a minor'', ''criminal intimidation'', ''criminal conspiracy''. Our detailed and substantial submissions demonstrated that our client, an investigation journalist, reported about a crime committed by several people in a private family matter. Our client did his job as a journalist and he exposed the wrongdoing of other people. We were able to demonstrate that the Indian prosecution lacked any evidentiary basis and that the specific conditions set for the issuance of a red notice were not met. As a result the red notice to be issued on the request of India was blocked by INTERPOL pending its further enquiries and our further representations. Our interference resulted in the deletion of the red notice. Read more: RTL Nieuws, RTL Boulevard, Telegraaf.
Lebanon : deletion of red notice
Upon our request a red notice issued by Lebanon against an Australian businessman was deleted. Our client, the CEO of an industrial company in Australia, had a commercial dispute with a Lebanese company. This commercial dispute led to the issuance of a red notice on the request of Lebanon. Our detailed submissions demonstrated that the allegations made against our client concerning ''fraud'' and ''breach of trust'' lacked an evidentiary basis. Despite the classification of the conduct of our client as ‘’fraud’’ and ‘’breach of trust’’ the Commission for the Control of INTERPOL’s Files (CCF) found that the underlying facts, as presented in the red notice and in documents provided by Lebanon, do not adequately reflect the alleged fraudulent intent of our client. The CCF decided that the red notice was not compliant with INTERPOL's rules.
Turkey : deletion of red notices
Upon our request red notices issued by Turkey against Dutch citizens were deleted. Our clients had fled from Turkey. Asylum was subsequently granted by the Netherlands. Our clients successfully obtained Dutch citizenship. While in The Netherlands our clients were faced with a Turkish suspicion surrounding participation in terrorist organizations. We were able to demonstrate that the red notices were not compliant to the INTERPOL constitution and INTERPOL's rules. The CCF decided that maintaining the data challenged in the INTERPOL’s Files would not be compliant with the spirit of the Universal Declaration of Human Rights.
Argentina : deletion of red notice and blue notice
Upon our request a red notice and a blue notice issued by Argentina against a US citizen were deleted. Our client an investor from the USA got into a legal conflict with his Argentinian partners. Our client won a civil lawsuit in the USA. In retaliation our client was confronted with a vague criminal case in Argentina. A red notice was issued by Argentina for ''defraudacion por administracion fraudulenta''. After the submission of a CCF-request for the deletion of data Argentina replaced the red notice for a blue notice. Our detailed submissions demonstrated that the red notice and the blue notice were not compliant with INTERPOL's rules. The CCF decided to delete all data concerning our client. Read more about the initial legal conflict: LegalNews.
Hong Kong : deletion of red notice
Upon our request a red notice issued against a businessman from India was deleted. Our client, a real estate developer, had run into problems with financing real estate projects. Some time after our client left Hong Kong, it appeared that that a criminal case had been launched against our client in Hong Kong. A red notice was issued against our client based on allegations concerning 'false accounting' and 'using a copy of a false instrument'. Our detailed submission demonstrated that the red notice against our client was issued in breach of INTERPOL’s rules.
India : deletion of red notice and yellow notice
By submitting a preventive request for the deletion of INTERPOL-data we were able to secure the deletion of data for an Indian businessman and his child. Our client is involved in a custody procedure concerning his minor child. Our client was confronted with allegations concerning kidnapping and parental abduction. The whole case remains nonetheless a family matter. INTERPOL is not the forum to address situations of competing national court decisions. The CCF decided to delete all data. Read more about the case: Hindustan Times, NDTV, Outlook
Specialists in INTERPOL cases
We have exceptional expertise in the removal of INTERPOL alerts. Our attorneys handle complex cases regarding all kind of INTERPOL alerts.
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