Lawyer
Dmytro Konovalenko
Service:
Protection from extradition and removal of data from the INTERPOL database
The client was entered into the international INTERPOL database at the request of Belarus on suspicion of involvement in an organized criminal group engaged in illegal drug trafficking. The charges included attempts to transport and sell significant batches of heroin. At the same time, the client is a citizen of Belarus and a representative of the Roma ethnic group. He received refugee status in Ukraine on the grounds of threats of persecution based on ethnicity.
Features of the case:
Position of the prosecution
Belarus insisted on an international search for the client and his extradition, citing serious accusations of criminal activity, including an organized criminal group and drug trafficking. The client was charged under several articles of the criminal code of Belarus.
Solution to the problem, key points, protection process:
The INTERPOL File Control Commission conducted a detailed analysis of the situation taking into account the following:
- The client officially received refugee status in Ukraine, which refused his extradition to Belarus, citing the risk of persecution based on nationality and human rights violations.
- Court decisions in Belarus regarding the client did not contain sufficient evidence of his guilt; the case lacked reliable proof of involvement in a criminal organization or specific criminal actions directly linked to the client.
- The assessment of the nature of the accusations revealed significant doubts about the existence of objective grounds for criminal prosecution, as well as the compliance of the submitted data with INTERPOL’s norms, particularly Article 3 of the INTERPOL Constitution, which prohibits the processing of data related to persecution on racial or national grounds.
- The commission recognized that in this case, the retention and use of data in the INTERPOL system do not comply with the principles of accuracy, relevance, and whether it violates international human rights obligations.
- Based on the analysis, the Commission decided to delete the client’s data from the INTERPOL database.
Decision of the Commission: deletion of data from the INTERPOL database
The data about the client, entered into the INTERPOL database based on accusations of participation in an organized criminal group and drug trafficking, were deemed non-compliant with data processing rules and international human rights standards. Due to the refugee status granted to the client and the lack of sufficient evidence of guilt, the necessity of deleting the data from the INTERPOL database was confirmed.
If you are faced with unfounded international search, persecution based on national or ethnic grounds, or human rights violations in the context of international police cooperation, contact experienced lawyers specializing in international law and defense in INTERPOL cases. Qualified assistance will help achieve justice and protect your rights.
