Lawyer
Dmytro Konovalenko
Service:
Protection against a red notice from Interpol from international search and extradition
The client was entered into the INTERPOL database at the request of the National Central Bureau of Russia based on an accusation of theft of property valued at 42,392 Russian rubles (approximately 631 euros in 2015), committed with the involvement of another person. An arrest warrant was issued based on the accusation. However, the client contested the presence of data in the INTERPOL database, arguing that the criminal prosecution was unfounded and that the data did not meet the criteria for international police cooperation.
Peculiarities of the case:
The position of the prosecution and demands:
The Russian side insisted on retaining the information in the INTERPOL database, arguing that the crime committed by a group of persons by prior agreement is punishable by up to five years of imprisonment, and the case remains open. Russia also sent extradition requests for the client to the Czech Republic and Moldova.
Solution to the problem, key points, protection process:
The INTERPOL File Control Commission conducted a comprehensive analysis, taking into account the following facts and documents:
- Moldovan and Czech courts refused to extradite the client to Russia.
- The Moldovan side released the client based on the amnesty law, taking into account the political and humanitarian situation in the region, citing the risk of violation of the right to a fair trial.
- The Czech Republic refused extradition based on the provisions of legislation protecting human rights and preventing possible persecution on political, national, or other grounds.
- The commission determined that the amount of damage is small, and the responsibility is divided among several individuals.
- According to the Commission’s assessment, retaining information in the INTERPOL database in this case is excessive and does not meet the requirements of accuracy, relevance, and timeliness of data, nor does it hold significant interest for international police cooperation.
Based on these conclusions, the Commission decided to delete the client’s data from the INTERPOL database.
Commission Decision:
The client’s data, entered into the INTERPOL database in a case of theft with complicity, was deemed non-compliant with INTERPOL’s data processing rules and removed from the database. This decision is based on refusals of extradition, the minor seriousness of the case, and principles of human rights protection.
If you encounter a similar situation—being entered into international databases on unfounded charges or a violation of your rights—we recommend contacting experienced lawyers specializing in international law and defense in INTERPOL cases. Qualified legal assistance will help navigate complex procedures and achieve a fair resolution.
