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 Notices and Diffusions.
If necessary, we cooperate with our worldwide legal network. Upon our request INTERPOL removed Red Notices, Diffusions, Blue Notices, Green Notices and Yellow Notices.
In order to accomplish the deletion of data by INTERPOL, we use the three formal procedures known to the Commission for the Control of Files of INTERPOL (CCF), namel:
- The access to data procedure
- The deletion/correction of data procedure
- The revision procedure
We also submit preventive/preemptive requests for the deletion of data. The status of these requests is explained in more detail at the bottom of this article.
We only submit a request for the deletion / correction of data if there is a realistic chance of success. The CCF has no appeal procedure. A request for revision can only be submitted in specific situations.
Requests for the deletion / correction of data must therefore be drawn up / composed very carefully and with knowledge of the facts and the legally relevant data and circumstances (read more).
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 Notices ( twice deletion of data in the same case)
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.
After Malaysia requested to issue a subsequent Red Notice for the same case, after making a small adjustment to the allegations/charges, the CCF deleted this Red Notice also upon our request.
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 Red Notice 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 - Argentina filed a request for revision; 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 Red 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.
Tunisia : deletion of INTERPOL data
At our request, the Commission for the Control of INTERPOL's Files (CCF) has deleted the INTERPOL data of a highly respected Tunisian politician.
In the years since Tunisian President Kais Saied seized power in 2021, President Saied has systematically dismantled the Tunisian system of checks and balances. Various politicians, journalists, union members, human rights activists and opponents have been arbitrarily prosecuted and imprisoned in Tunisia. Several of them have been confronted with demonstrably fabricated charges, including ‘Conspiracy against the State Security – cases’. These are clearly politically motivated prosecutions. However, those who reside outside Tunisia may be confronted with a Tunisian INTERPOL alert.
It turned out to be necessary to submit a request for the deletion of data to the CCF. We have also submitted a preventive request for the deletion of data. The CCF informed us: ‘’We would like to inform you that your correspondence has been submitted to the INTERPOL General Secretariat for its information and any appropriate action according to its procedure, so that the information may be considered during future compliance reviews conducted by the INTERPOL General Secretariat if a request for police cooperation is received.’’
It is emphasized once again that a preventive request for the deletion of INTERPOL data can be a very effective tool.
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.
United Arab Emirates : deletion of Red Notice
Our client, a Jordanian businessman, worked for some time in the United Arab Emirates (UAE). After his departure, a criminal case was brought against him. He was charged with the forgery of a contract. Subsequently, a Red Notice was issued. The client was arrested in Jordan but not extradited to the UAE because Jordan does not extradite its own nationals.
At the request of the UAE, the judicial authorities then transferred the criminal case to Jordan for further processing. Our client was therefore prosecuted in Jordan, but subsequently acquitted in Jordan for the charge of the forgery of the contract. This acquittal became irrevocable.
Nevertheless, it turned out that the UAE had still issued the Red Notice.However, a subsequent prosecution in the UAE was contrary to the ne bis in idem / double jeopardy principle, meaning: no one should be prosecuted twice for the same offence. The UAE had actually agreed to the transfer of the prosecution by the Jordanian judicial authorities. At our request all INTERPOL data were deleted.
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.
Thailand : deletion of Red Notice
Upon our request a Red Notice issued by Thailand against a Thai businessman was deleted. The Red Notice was issued against our client who was convicted in absentia concerning charges of the issuance of unfunded cheques.
Our detailed submissions made clear that the Thai 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. We argued in essence that:
a) the case is of a civil nature and the data lack a clear description of criminal activities; and;
b) the requirement of interest of the data for the purposes of international police cooperation is not met.
Both arguments have been accepted by the Commission for the Control of INTERPOL's Files (CCF) and have also been adopted in the decision to delete all INTERPOL-data. The CCF considered and decided, amongst other things that; ‘’….As a result of this absence of a clear description of the criminal involvement of the Applicant in a fraudulent scheme, and with reference to its earlier considerations …. the Commission is prevented from concluding that the underlying offence relates to more than a mere inability to fulfil a contractual obligation and specifically repay outstanding debt. It thus expresses strong concern that the data on the Applicant in INTERPOL’s files may not be of interest for the purposes of international police cooperation. Indeed, it appears that the particular case of the Applicant does not meet the criteria of a “serious ordinary-law crime,” which in essence puts to question the extent to which the Red Notice may fulfil its purpose…’’
Azerbaijan : deletion of Red Notice
Upon our request a Red Notice issued by Azerbaijan was deleted. Our client, a national of Azerbaijan, was subject to a Red Notice for the charges of “fraud, bribe and service forgery”.
Our client was working as a police officer and he was investigating a fatal traffic accident in Baku, which was caused by someone close to the circle of the family of the President of Azerbaijan.
A completely innocent person was designated as the perpetrator by senior government officials. Our client was ''requested'' to investigate this innocent person with the goal that this person would be charged concerning the fatal traffic accident. All this while it was perfectly clear that another person was responsible for the fatal traffic accident. In fulfilling his duties as a police investigator, our client refused to accuse and frame an innocent person of the fatal traffic accident. Subsequently our client was himself arrested and tortured. This while our client correctly fulfilled his duties as a police officer. Subsequently, our client, who had to leave / was forced to leave his home country Azerbaijan as a result of the campaign against him, was prosecuted for a demonstrably false suspicion of corruption (fraud, bribe and service forgery). Subsequently Azerbaijan issued a Red Notice against our client.
Upon our request, the Commission for the Control of INTERPOL's Files (CCF) deleted the Red Notice. Read more about the case: Xalqxeber.az.
United States of America : deletion of Green Notices
The United States of America (USA) is responsible for issuing a relatively large number of Green Notices, particularly concerning sex offenses. Green Notices are often issued after convictions for sex crimes, but also in case of suspected sex crimes where the case has been dismissed under certain conditions.
Green notices may only be published under the following conditions:
- The person is considered to be a possible threat to public safety;
- This conclusion has been drawn from an assessment by a national law-enforcement authority or an international entity;
- This assessment is based on the person’s previous criminal conviction(s) or other reasonable grounds;
- Sufficient data concerning the threat are provided for the warning to be relevant.
It appears that in a number of cases the publication of green notices no longer meets INTERPOL's publication requirements (after many years have passed). Some Green Notices should never have been issued. In various cases, the necessary substantiation for the publication of a Green Notice is lacking, such as cases that have been dismissed (under conditions). The passage of time can also be a factor. Our office submitted several requests for the deletion of data, after which INTERPOL data were indeed deleted.
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.
Iran : deletion of Red Notice
Upon our request a Red Notice issued by Iran against an Iranian businessman was deleted. Our client was the subject of a Red Notice issued at the request of Iran for “obtaining property through illegal methods”.
Our detailed submissions made clear that the Iranian 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. We argued, amongst other things, that the case is of a civil nature and the data lack a clear description of criminal activities.
Our arguments have been accepted by the Commission for the Control of INTERPOL's Files (CCF) and have also been adopted in the decision to delete all INTERPOL-data. The CCF considered and decided that; ‘’The Commission weighs this lack of information in light of the clear arguments provided by the Applicant that the underlying debt was incurred in the course of a failed business partnership. It highlights that a mere failure to repay debt, in the absence of concrete elements indicating that such was part of a fraudulent scheme, does not meet the criteria stipulated in Article 83(1)(a)(i) of the RPD. Here, it recalls that the International Covenant on Civil and Political Rights stipulates, in Article 11, “No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation,” which would include debt. .... The Commission also considers that, in support of the Applicant’s contention, the Emirati authorities denied the extradition request of their Iranian counterpart on … after concluding that the case pertains solely to a civil dispute relating to unpaid debt.’’
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 Boulevard, Telegraaf.
Afghanistan : deletion of Red Notice
Our client was the subject of a Red Notice issued at the request of the NCB of Afghanistan for “embezzlement and misuse of authority” on the basis of an arrest warrant issued by the Anti-Corruption Justice Centre of Afghanistan. Upon our request the Commission for the Control of INTERPOL’s Files (CCF) deleted the Red Notice. We explained that the alleged criminal proceedings against our client were no longer valid in Afghanistan. The investigation against the client has been terminated by the Afghan judicial investigative authorities, as the facts showed that he was not involved in any fraud or corruption offences. The CFF therefore decided: ‘’that the purpose of the Red Notice cannot be achieved, and the quality of the data and the validity of the proceedings cannot be assessed. As a result, it finds that maintaining the data in INTERPOL’s files is not compliant with Articles 10(1), 12 and 83(2)(b)(v) of the RPD.’’
Venezuela : deletion of Red Notice
Upon our request a Red Notice issued against a Venezuelan businessman was deleted. Our client, a well-known Venezuelan entrepreneur, had run into a vague conflict with the Venezuelan authorities. The entire company stock (toys) had been confiscated by the Venezuelan military. A Red Notice was issued against our client based on extreme vague allegations concerning “Acaparamiento, Especulación y Asociación para Delinquir (hoarding (of toys) and speculation). The court in Venezuela has ruled this seizure illegal and ordered the return of all seized goods. However, the Venezuelan authorities have not complied with this court decision. Our detailed submission demonstrated that the Red Notice against our client was issued in breach of INTERPOL’s rules. Read about the initial seizure CNN.
Moldova : deletion of Diffusion
Upon our request a Diffusion issued by Moldova was deleted. Our client was suspected of sexual offenses. After being held in pre-trial detention in Moldova under inhumane conditions for some time, he was released. After his arrest, he was interrogated by the police in Moldova without normal interpreter assistance. Furthermore, there were several serious indications that there was no fair trial. The Commission for the Control of INTERPOL’s Files (CCF) considered in the decision regarding the deletion of the Moldovan Diffusion, among other things: ‘’In view of the issues already identified in relation to basic fair trial guarantees in the context of the criminal proceedings in Moldova, highlighted by the decision of the Rotterdam District Court, and of the serious risks of being exposed to inhuman treatment in detention, underlined in the decision of the Milan Appeals Court, the Commission establishes that the Diffusion circulated by the NCB of Moldova cannot be considered as compliant with Article 2 of INTERPOL’s Constitution and the 'spirit of the Universal Declaration of Human Rights' ”.
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. Our clients were faced with Turkish charges concerning 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 Notices 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 Commission for the Control of INTERPOL's Files (CCF) decided to delete all data concerning our client. Subsequently, the Argentinian complainants went forum shopping in Argentina. This means that they have managed to bring the same criminal complaint to another court in Argentina. Subsequently, another request came from Argentina to issue a Red Notice against our client. However, it concerned one and the same criminal case, but now from a different Argentinian court. The CCF immediately blocked this Notice. Nevertheless, we had to submit a substantiated request for the deletion of data. The CCF subsequently deleted all Argentinian data. 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 was involved in an (international) 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. India requested the issuance od a Red Notice against our client and a Yellow Notice concerning his minor daughter. However, INTERPOL is not the forum to address situations of competing national court decisions. The Commission for the Control of INTERPOL's Files (CCF) decided to delete all data. Read more about the case: Hindustan Times, Telegraph India
United States of America : deletion of Red Notice and Yellow Notice
Our client is a woman from India. In India, she married a man also from India. The couple then moved to the United States where their son was born. Their son obtained the nationality of the United States. The marriage could not last, divorce proceedings were initiated, after which our client left the United States together with her son. The father remained in the United States where he had a job. The father applied for US-citizenship.
In the United States, the divorce was granted by the court. At that time, both parties had joint custody of their minor son. The father filed a criminal conplaint against our client concerning parental abduction / kidnapping of their son by our client. At some point, the judge in the United States awarded sole custody to the father. The United States then issued a Red Notice against our client, the mother, and a Yellow Notice concerning their minor son.
However, in India, the custody dispute was also litigated in court. Both parties, father and mother, participated in the legal proceedings in India. The father also exercised his visiting rights in India. The father regularly visited his son during holidays in India. However, the father has not informed the US authorities of these relevant circumstances. As a result, the Red Notice and the Yellow Notice remained published.
In such a situation, the publication of the Red Notice and the Yellow Notice is not compliant with applicable INTERPOL regulations.Red Notices may not be published regarding some specific offenses relating to family/private matters.
A Red Notice may not be published concerning, among other things; offences related to the abduction of a child by a parent where conflicting custody decisions have been issued in two countries and at least one of the following additional conditions is present:
1. Both parents participated in the proceedings in both countries;
2. The conflicting decisions are subject to ongoing proceedings in accordance with the Hague Convention on the Civil Aspects of International Child Abduction, or were subject to such proceedings, the outcome of which was a decision to grant custody to the parent who is the subject of the Red Notice request.
Both the Red Notice and the Yellow Notice have been removed at our request..
Vietnam : deletion of Red Notice
Upon our request a Red Notice issued by Vietnam was deleted. Our client was subject of a Red Notice issued by Vietnam for “Appropriation of property by using a computer network, telecommunications network, or electronic device”.
We argued extensively that Vietnam could not meet the minimum requirements for issuing a Red Notice. Among other things, the Commission for the Control of INTERPOL's Files considered in its decision regarding the deletion of the Red Notice: ‘’However, in consideration of the information provided, particularly in view of the Applicant’s arguments that he is wanted in relation to his employer’s business activities, that no difference was made in the charges against him and his employer, and [RESTRICTED] the Commission notes that the criminal link and possible direct involvement of the Applicant in the offense is unclear. Therefore, although the NCB of Vietnam provided clear information on the alleged criminal scheme, it cannot concretely discern, in view of the available information, elements which characterize the Applicant’s separate actual involvement, knowledge of, and intention to commit the offense, including specific acts performed by the Applicant in the alleged offence.’
Iran : deletion of Red Notices
Our clients are of Iranian origin, but live and work outside Iran. They are active in the music industry, the fashion world and some are active as social media influencers. Many young people from Iran follow our clients. The conservative Iranian authorities do not agree with the (more Western) values that our clients propagate. The clients have a certain influence on the Iranian youth. Our clients were then completely surprised by an apparently existing Iranian criminal case against them, even though they have not been carrying out any activities in and around Iran and/or with Iranians for many years. After submitting a request for access to data, it turned out that they were subject to Iranian Red Notices for “fraud, human trafficking and money laundering”.
We filed requests for the deletion of the data concerning them, contending, in essence that: a) the data lack quality; b) the offences concerned raise controversial issues relating to behavioral and cultural norms; c) the data lack a clear description of criminal involvement; d) the data constitute an improper use of INTERPOL’s channels; e) the proceedings do not respect human rights principles; and f) the case is of a predominantly political and/or religious character.
The Commission for the Control of INTERPOL's Files (CCF) considered amongst other things: ''In the present case, the Commission identifies that the Applicants’ arguments raise three pertinent questions on the compliance of the data with the aforementioned rules. These questions are, principally, (1) whether the judicial data in the Red Notices accurately reflect the exact charges levied against them at national level; (2) whether these charges relate to offences of a serious ordinary-law nature; and (3) where they have been charged with a serious ordinary-law offence, whether a clear description has been provided to link them to the relevant criminal activity. The Commission firstly considers the accuracy of the judicial data in the Red Notices on the underlying charges, which are recorded as fraud, human trafficking and money laundering. It observes the Applicants contended that there is an additional accusation against them of committing the capital offence of “Corruption on Earth.” It gathers from open-source information that the offence appears to be covered under Article 286 of the Iranian Penal Code, allowing for the imposition of the death penalty on “(a]nyone who commits a crime on an extensive level against the physical integrity of others, the domestic or external security, spreads lies, disrupts the national economic system (...] establishes corruption and prostitution centers or assists in them [...].” It expresses initial concern that if this provision is indeed applicable to the case against the Applicants, its exclusion from the data recorded in the Red Notices would signal an immediate and serious breach of the requirement under Article 12 of the RPD. In analyzing the above, the Commission weighs that, on the one hand, the NCB of Iran confirmed that the charges levied against the Applicants pertain to only the three offences recorded in the Red Notices, and thus do not contain the offence of “Corruption on Earth” nor any other capital offence. On the other hand, the Commission pays particular attention to the repeated disregard of the NCB to its requests for copies of the underlying arrest warrants, and for clarification and a copy of the applicable penal provisions.''
Upon our request the CCF deleted all Red Notices.
Russia : deletion of Diffusion
Our client is a national of Russia. He worked as a journalist for a Russian independent newspaper. The news-outlet reported, amongst other things, on corruption and financial fraud involving local Russian rulers.The newspaper published a series of news-articles regarding a local governor. The newspaper reported concretely on possible involvement in local corruption. After the local governor lost the election, our client and his brother were bombarded with civil and criminal lawsuits. Although these cases had no factual basis, our client and his brother were arrested. They were interrogated under great pressure. Our client's brother, who was the founder of the newspaper, was even tortured. Both brothers were held in detention under inhumane conditions. Three criminal cases were filed against our client and his brother. All these three criminal cases were terminated at some point because there was no evidence and/or no criminal intent could be established. The Applicant left Russia after being offered a job abroad. Subsequently, another criminal case was brought in Russia by the same complainants (from the former governor's circle) against our client and his brother. Our client's brother has been convicted in this criminal case after a show trial, even though he has never been involved in any fraud.
On inquiry it turned out that our client was subject to a Diffusion circulated by Russia for the charge of "extremely large-scale misappropriation by fraud'' and ''money laundering". Subsequently, we submitted a detailed request for the deletion of data at the Commission for the Control of INTERPOL's Files (CCF). Meanwhile, our client had also applied for asylum in the United States of America. Upon our request the CCF deleted all INTERPOL data.
The CCF considered, amongst other things: '' .... the NCB of the United States confirmed that the Applicant applied for asylum in the United States, that his application is pending and has not yet been adjudicated and that there has been no grant or denial of asylum or refugee status to date. The Commission recalls according to Articles 10(1) and 12(1) of the RPD, the processing of data in the INTERPOL Information System (IIS) may only be carried out for a given, explicit purpose, and must be relevant and not excessive in relation to their purpose. Moreover, it considers that when an Applicant is wanted in view of extradition to his country of origin and has been granted a status that protects against refoulement, the purpose for which the data have been registered in the IIS cannot be achieved as the purpose of a red notice or diffusion is not only to locate a person, but also to request his provisional arrest in view of extradition.''
Our client was granted a protective status that protected him against refoulement to his country of origin, Russia. In conconclusion, the CCF deleled the Diffusion.
Qatar : deletion of Red Notices
Upon our request many Red Notices issued by Qatar were deleted. These removals of Red Notices mainly concern Notices issued after someone has been convicted in absentia for the charge of ''uttering an unfunded cheque'', often without any knowledge of the existance of a Qatari criminal prosecution by our clients.
The considerations we put forward in our detailed deletion-of-data-requests are adopted by the Commission for the Control of INTERPOL's Files (CCF) in its decisions. For example, the CCF regularly includes the following considerations in its data deletion decisions:
'' The Commission deliberates whether the act of the Applicant constitutes an ordinary-law crime recognizable at an international level. In this regard, it notes that Qatari laws consider the mere writing of a cheque unmet with sufficient funds, for whichever reason, is an offence that encompasses both the criminal act and intent. However, it pays particular attention to the following considerations before it:
- the International ‘Covenant on Civil and Political Rights stipulates, in Article 11, "No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation," which would include debt;
- Fact Sheet No. 26 of the United Nations Working Group on Arbitrary Detention (UNWGAD) states, "…. there are deprivations of liberty which are per se prohibited, such [as] imprisonment for debt";
- the UNWGAD stated, following its visit to Qatar from 03 to 14 November 2019, ‘’…. detention due to inability to pay debt is in itself arbitrary deprivation of liberty. It is also arbitrary as it discriminates against individuals on the basis of their economic status. The Working Group urges the Government of Qatar to urgently review the current system and to ensure that individuals are not imprisoned due to the inability to repay a debt"; and
- most INTERPOL Member Countries do not qualify the mere act of issuing an unfunded cheque as criminal, and an inability to repay a debt has been decriminalized in most national legal systems.’’
On an ongoing basis, Red Notices issued by Qatar are deleted by the CCF at our request.
Preventive requests : preventing and blocking planned INTERPOL Notices and Diffusions
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. These so-called preventive / preemptive requests for the deletion of data have no formal status within the INTERPOL legal framework. The CCF can ignore such a request on formal grounds because no INTERPOL data has been processed yet.
However, Article 3(1) of the CCF Statute, under 'Competence and powers of the Commission' states:
(1) The Commission shall be competent to perform the functions conferred on it by Article 36 of the Constitution, namely:
(a) Ensure that the processing of personal data by the Organization is in compliance with INTERPOL’s rules;
(b) Provide the Organization with advice about any project, operation, set of rules or other matter involving the processing of personal data in the INTERPOL Information System;
(c) Examine and decide on requests for access to data, and/or for the correction or deletion of data, processed in the INTERPOL Information System.
Article 2 of INTERPOL's Constitution states: Its (INTERPOL's) aims are:
(1) To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the “Universal Declaration of Human Rights”;
(2) To establish and develop all institutions likely to contribute effectively to the prevention and suppression of ordinary law crimes.
In concrete terms, this means that the CCF has a responsibility to prevent abuse/misuse of the INTERPOL Information System if the Commission becomes aware of expected human rights violations and expected publications of Notices or Diffusions that are not compliant with the applicable INTERPOL regulations. It is therefore our experience that submitting a preventive request for the deletion of data can be very effective.
Specialists in INTERPOL cases
We have exceptional expertise in the removal of INTERPOL Notices and Diffusions. Our attorneys handle complex cases regarding all kind of INTERPOL alerts.
Our law firm can provide you with legal assistance in matters regarding criminal law and extradition law. We proviced assistance worldwide.
More information? Contact Bob Kaarls (Tel. Mobile / Signal / WhatsApp +31653399102 or email).
