Lawyer
Dmitriy Konovalenko
Essence of the Problem
The client faced an international search through Interpol based on a request from Ukrainian law-enforcement authorities. A “Red Notice” was issued against them in connection with allegations of money laundering, tax evasion, and abuse of customs exemptions in the importation of military goods.
The existence of a Red Notice created serious risks:
- detention in any Interpol member country,
- extradition to Ukraine,
- restrictions on movement,
- refusals in banking and immigration services.
The client applied to Interpol’s Commission for the Control of Files (CCF), requesting deletion of the data as unlawful and disproportionate.
Prosecution’s Position and the State’s Demands
The Ukrainian side claimed that:
- the client participated in an organized scheme for supplying military equipment;
- used fictitious humanitarian-aid documents;
- evaded taxes in a large amount;
- obtained illegal income through bank accounts;
- acted under martial law.
On this basis, an arrest warrant was issued and an international search initiated through Interpol.
Defense Position and Key Arguments
During the proceedings, the defense built a comprehensive legal strategy:
1. Insufficiency and Contradictions in the Accusations
The defense pointed out that:
- the client’s specific role in the alleged offense was not disclosed;
- there was no evidence of their personal involvement;
- it was not proven that the client prepared or falsified the documents;
- the charges contained general wording without concrete acts.
2. Procedural Violations
It was noted that:
- notice of suspicion had been served with irregularities;
- the client effectively had no timely opportunity to defend themselves;
- certain procedural actions were carried out merely formally.
3. Key Argument — Refusal of Extradition
The most significant factor was the decision of the Monaco court, which:
- refused to extradite the client to Ukraine;
- recognized a real risk of a serious violation of the right to a fair trial;
- pointed to the impact of martial law and an unstable legal environment;
- confirmed the risk of arbitrary deprivation of liberty.
The court expressly stated that extradition is impossible where a person may be subjected to unfair criminal prosecution.
Interpol Commission’s Assessment
The Interpol Commission conducted a detailed review:
- examined Ukraine’s position,
- assessed the defense arguments,
- took into account the Monaco court’s decision,
- verified compliance of the materials with Interpol rules and human-rights standards.
Key conclusion of the Commission:
Although the formal grounds for the search technically remain, the refusal of extradition due to the risk of human-rights violations has legal significance and must be mandatorily reflected in Interpol’s database.
Final Decision
The Commission ruled to:
- recognize that the data formally comply with Interpol’s rules overall;
- require the inclusion of information in the system about the refusal of extradition;
- record that extradition is impossible due to the risk of human-rights violations;
- thereby significantly limit the practical application of the Red Notice.
This means that:
- other states will take Monaco’s refusal into account;
- detaining the client becomes legally risky;
- the likelihood of extradition sharply decreases;
- the defense position has received official international confirmation.
Conclusion
Despite the formal retention of the data in Interpol’s system, the defense achieved a key result — international recognition that the client’s extradition would violate fundamental human rights.
This decision significantly strengthened the client’s legal position and effectively blocked attempts to surrender them.
If You Are Facing a Similar Situation
If:
- a Red Notice has been issued against you;
- authorities are seeking your extradition;
- the case is linked to political, economic, or military contexts;
- there are risks of human-rights violations,
seeking assistance from experienced Interpol lawyers is critically important.
A properly constructed defense can:
- secure the insertion of restrictions into Interpol databases;
- stop extradition;
- protect freedom of movement;
- maintain legal security even while internationally wanted.
If your case is similar — do not delay protecting yourself.
