Lawyer
Anatoliy Yarovoy
The Essence of the Problem
An international investigation was initiated against two claimants through Interpol at the request of the Russian Federation. The basis for the investigation was criminal cases of smuggling strategically important natural resources—precious wood species—allegedly carried out between 2015 and 2019.
The following were placed in Interpol’s system:
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A Red Notice for one of the claimants;
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Diffusion, later replaced by Red Notice, for the second claimant.
This led to the risk of detention, extradition, and restriction of international movement.
The claimants appealed to Interpol’s Commission for the Control of Files (CCF) requesting the removal of the data, citing the illegality of prosecution, political motivations, and human rights violations.
Position of the Prosecution
The Russian side argued that:
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The claimants were part of an organized group;
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They used fake documents to carry out illegal wood exports to China;
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Fake companies and counterfeit CITES permits were used;
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The damage amounted to hundreds of millions of rubles;
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Their actions were classified as smuggling strategically important resources.
Based on this, the requesting side insisted on maintaining Interpol’s notifications.
Defense position and key arguments
The defense consistently pointed to the following circumstances:
1. No evidence of criminal intent
The client:
- did not use the weapon;
- did not attempt to sell or transfer it to third parties;
- voluntarily disclosed the location where the weapon was stored;
- did not derive any benefit.
The weapon was left on Ukrainian territory and subsequently seized by law enforcement agencies.
2. Military context of events
The events took place in the early days of full-scale hostilities:
- there was no stable communication or control;
- there was a threat to life and safety;
- there was a risk of hostilities in the region.
In fact, these were actions taken in an emergency situation, not a crime of greed.
3. Lack of interest in an international search
The defense pointed out that:
- Ukraine did not submit a proper extradition request;
- the UAE terminated the extradition proceedings;
- the case is not transnational in nature;
- there is no public danger that would justify an international search.
Interpol Commission Assessment
The Commission analyzed the materials presented and reached the following key conclusions:
- the incriminating actions do not indicate intent to steal;
- the weapons were not used for criminal purposes;
- there are no signs of systematic criminal activity;
- the facts do not indicate a high degree of public danger;
- the events took place in the context of armed conflict;
- an international search does not comply with the principle of proportionality.
It was specifically noted that:
- the cases in question do not meet the criterion of seriousness;
- there is insufficient interest for international police cooperation;
- the circumstances are predominantly of a professional and military nature.
Final decision
After reviewing the case, the Interpol Files Control Commission concluded that:
- the information about the applicant did not meet the requirements of Articles 35 and 83 of the Interpol Rules;
- the case did not pose a sufficient degree of public danger;
- the international search was disproportionate to the objectives pursued;
- the data should be deleted from the Interpol system.
The Commission decided to completely delete the information about the applicant from all Interpol databases.
This decision means:
- the termination of the international search;
- the removal of all restrictions associated with the Red Notice;
- the restoration of the right to freedom of movement.
Conclusion
This case demonstrates that even in the presence of formal criminal prosecution, Interpol cannot be used in situations:
- related to military operations;
- that do not pose a real public danger;
- that do not comply with the principle of proportionality;
- that are not of sufficient international significance.
If you are facing a similar situation
If:
- an Interpol notice has been issued against you;
- the case is related to military events or extraordinary circumstances;
- the charges are formal in nature;
- there is no real interest in an international search,
consulting experienced Interpol lawyers is a key step.
A competent legal position allows you to achieve the removal of data, the termination of the search, and the protection of your rights at the international level.
