Our team of extradition lawyers at Schlun & Elseven Rechtsanwälte was recently entrusted with the extradition case of a Russian client. As this case is a good example to illustrate how our law firm assists our clients successfully, we will demonstrate our defence strategy and the reasoning behind the Commission for the Control of Interpol Files (CCF) decision. To provide a better understanding, the brief explanation below discusses the meaning of an Interpol Red Notice and the proceedings if such a Notice was issued.

If you need legal assistance concerning Interpol Notices or other extradition law issues, please contact us directly. The differences of each case require individual legal consultation. Since this case is just an example of handling Interpol and extradition law matters, it is necessary to work with us directly to benefit from our services fully. Reliable legal counsel requires cooperation between clients and lawyers. To ensure we assist you in the best possible way, contact us today to start preparing your individual case.

Interpol is an international organization designed to allow better communication and coordination in cross-border police work. Interpol Red Notices are issued based on a national arrest warrant. A Red Notice is the request of a member state to locate and arrest an individual. The intention is finally to extradite the person to face legal proceedings in the country in question. Red Notices are only designed for criminal offences; the matter is not allowed to be of an administrative character. Furthermore, every Interpol Notice has to be per the Interpol Constitution.

These rules do also apply to Diffusion orders. A Diffusion order is another – less formal – type of alert mechanism. They aim to forward requests for arresting or localizing of individuals. That means, in effect, that the risk of getting arrested and extradited inheres to Diffusions in the same way as it does to Interpol Red Notices.

If you would like to receive more information about Interpol Red Notices, other Interpol Notices or extradition, please see our related articles.

In this particular case, an Interpol Red Notice was issued through the Interpol system by Russian authorities. Our client was accused of “swindling in an especially large scale” as well as forging documents. However, the actual cause behind the prosecution by the Russian authorities was a political element. As Art. 3 of the Interpol Constitution states that “it is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character”, the political element behind this case was finally the reasoning for the removal of our client’s personal data from Interpol’s files. Later on, this will be explained in more detail.

Based on the accusations already explained, the Russian authorities issued a Red Notice towards our client. Due to this notice, our client was arrested upon arrival in Hungary. Therefore, during extradition proceedings, he had to stay in detention in Hungary. From that point, our lawyers got involved in the case and were able to help our client.

Our team of lawyers aimed to achieve deletion of his data from the Interpol databases and the removal of the Red Notice. The claims were based on different grounds. First of all, the character of the case was predominantly political. The accusations were insufficient in their clarity and exposition, and there was insufficient respect for due process. The extradition would have consequently violated our client’s fundamental human rights. The organization Interpol itself does not have any interest in keeping wrong or unlawful data in their databases. In this case, our client argued that the quality, accuracy and relevance of the data stored about him was not ensured. This was indicated by contradictions within the allegations brought against, such as inconsistently witness statements. In addition to that, his own role in the alleged actions was not precisely and fully presented. Interpol Red Notices are designed solely for criminal matters and, since the alleged criminality involved was quite unclear, an Interpol Red Notice was actually not allowed to be issued.

One of the major principles of Interpol is the prohibition of intervention in cases of political interference. In this particular case, the political motivation behind the case was given as one of the most important reasons for deleting our client’s data and the removal of the Red Notice. Interpol itself examined the case and determined the political motivation behind it. A vital factor was the Russian public prosecutor’s decision between 2015 and 2017 not to charge on ten different occasions, which the Investigative Committee also sought. By the time our client’s case should be conducted, there was only one additional summary report; other investigative measures had not been taken. The person who had written that summary report was later on prosecuted for bribery and corruption charges. The summary report was, thus, not dependable. Therefore, the investigation file of our client’s case was the exact same file that had been turned down on various occasions before. No additional evidence could have led to the sound decision why this case, unlike the others, should have been pursued.

The political motivation behind the case was probably because our client was a specialized journalist. Previously, he had uncovered several corruption scandals. As there were certainly some parties that did not want to have their actions widely distributed, our client suspected he should have been silenced in this way.

While the examination of the case, the commission took all of our client’s arguments into account. The commission found that the counterargument of Russian authorities did not provide sufficient explanation or justification. In addition to that, there was no re-examination of the investigation following the suspension of the individuals involved in the original bribery and corruption scandal. The commission set forth that the response of the prosecuting body was general and formulaic. That response should not be enough to rely on the overall fairness of the criminal proceedings. Finally, the commission found it inconclusive and ensured that our client’s constitutional human rights were protected sufficiently.

Moreover, we were able to prove that due to the political nature of the case, maintaining our client’s data would be a breach of Art. 3 of the Interpol constitution. Interpol’s role as a neutral organization would have been challenged if they had decided to maintain the Interpol Red Notice and our client’s data.

This case is another example of how precise legal work and close cooperation with our clients can lead to a successful defence. We presented the arguments well-developed and the appropriate evidence in detail. Furthermore, with our defence strategy, we focused on the significance of the neutrality of Interpol, which is especially important when it comes to politically motivated cases. As a result, we were satisfied that we could finally help our client succeed and, therefore, prevent him from injustice being conducted.

If you find yourself dealing with any Interpol or extradition law matters, make sure to contact us as soon as possible. Our specialized team works closely with clients worldwide, advising them in a wide range of Interpol and extradition law cases. Thanks to our personal commitment, high knowledge and extensive experience, we can offer you reliable legal assistance. As you can see above, we can offer the successful defence you search for.

For more information, contact our team at Schlun & Elseven Rechtsanwälte today.