The Facts
The Client is a national of the United Kingdom and Cyprus who was charged with bank fraud.
In January 2020 relevant British authorities asked Interpol to issue a Blue Notice regarding the Client alleging that he is a witness in the case and that his whereabouts and depositions are important to the police. Though, at the time, prosecutors in the same case already suspected the Client of committing a crime.
In April 2020 Interpol issued a Blue Notice regarding the Client, who was at the time in Cyprus.
In August 2020 Interpol Law Firm submitted a preventive request to Interpol asking not to issue a Red Notice, if UK authorities would ask to, pending consideration of relevant further requests from the defence party and taking the final decision by the CCF of the Interpol on the merits.
In September 2020 UK authorities applied for the Red Notice to be published regarding our Client.
The Commission’s findings
The CCF has indicated in its decision that, as stipulated by Article 79 of the Rules, all notice requests shall be examined by the General Secretariat for compliance with the present Rules.
The actions of the national investigative authorities prove and demonstrate their awareness that the Applicant was, in fact, already considered a suspect in the case, but, at the same time, they asked for a Blue Notice to be issued regarding him, which misled the General Secretariat.
According to Article 77 §2 (a) of the Rules, the General Secretariat may not publish the notice on behalf of the Organization, if the data provided do not meet the conditions for publishing a notice.
The Interpol Law Firm arguments
Our lawyers requested the deletion of the data concerning the Client contending, among others, that:
- the national British authorities have misled Interpol and manipulated the facts, alleging that the Client is a witness, while they already actually considered him as a suspect. This caused issuing of the Blue Notice by Interpol illegally and with a wrongful purpose;
- the criminal prosecution at the national level has not met the standards and principles of human rights.
The Results
In April 2021 the Commission held that the notice no longer meets the conditions for publishing a notice and according to Article 81§3 (c) of the Rules the notice shall be canceled.
