Client’s problem
The client, a Russian citizen, was wanted by INTERPOL on charges of fraud committed by an organized group. According to the Russian side, he was involved in the creation of a fictitious restaurant in Moscow, where food and drinks were offered at inflated prices in the name of a supposedly legal establishment. The total damage in the case amounted to approximately 430,000 rubles, but the charges sent to INTERPOL included an episode with damages of only 15,000 rubles. At the time of the incriminated events, the client was under 18 years old, and subsequently received the status of a Special Immigrant Juvenile in the United States with the right to reside and protection from deportation for 4 years.
Accusations position
The Russian investigative authorities claimed that the client was an active participant in an organized criminal group that defrauded customers of fictitious establishments. He allegedly used his bank account to distribute funds obtained as a result of the fraud. In this regard, the Russian side sought his search, arrest and extradition for criminal liability under Article 159, Part 4 of the Criminal Code of the Russian Federation – fraud committed by a group of persons on a large scale.
Defense Arguments and Process
The client’s lawyer applied to the Commission for the Control of INTERPOL Files to have the data deleted. The main arguments included:
- Lack of specific description of criminal activity: The allegations did not directly link the client to specific episodes of fraud, other than the use of his bank account. His role in the group remained unproven.
- Non-compliance with INTERPOL principles: the materials did not provide sufficient evidence to establish that the client was personally involved in the fraudulent activities. In addition, the client’s age at the time of the alleged offences reduces the level of international interest in the case.
- Legal protection in the USA: The client was found vulnerable by a US court, granting him official protected status. This means that extradition is impossible and INTERPOL cannot be used for purposes that violate this status.
- Violation of the principle of proportionality and the purpose of data processing: the search for the purpose of extradition cannot be carried out due to the current protective status, which means that the purpose of data processing in the INTERPOL system cannot be achieved.
Summary
The commission agreed with the arguments of the defense. It found that:
- The description of the crime does not contain sufficient information about the specific actions of the client;
- Given his minority at the time of the events and his current status in the United States, the search has lost its practical and legal significance;
- The data processing violates the provisions of Articles 10, 12, 35 and 99(2) of the INTERPOL Data Processing Rules.
The result is that the client’s data has been removed from the INTERPOL database. Access to the information is closed for all member countries of the organization.
Conclusion
This case highlights the importance of timely legal assistance in situations where international wanted lists violate human rights and are used in cases that are not in line with INTERPOL’s objectives. Even if there are charges, age, protection status and lack of evidence may be grounds for expungement.
