Problem the client faced
A UK citizen was subject to a Red Notice issued by INTERPOL at the request of Kenyan authorities. He was accused of involvement in fraud and document forgery related to the sale and movement of a cargo plane. As a result of the arrest warrant, the client risked detention in any country and was severely limited in his ability to travel freely and conduct business.
Accusation and demands
According to the Kenyan National Central Bureau (NCB), the client was one of six accused in a case involving the forgery of certificates of airworthiness and registration for a “Transall C160” aircraft, which was allegedly moved from Kisumu airport in Kenya to Uganda without the seller’s knowledge. The client was accused of conspiracy to commit fraud and the illegal movement of the aircraft, valued at approximately $4 million USD.
Solution, key points, and defense strategy
The client’s attorneys filed a request with the INTERPOL Commission to remove the data, citing the following key points:
- The Red Notice lacked a clear description of the client’s role in the alleged crime;
- The accusation was inconsistent, with different documents indicating different timeframes for the alleged crime;
- The client had no authority on behalf of the companies mentioned in the case and did not participate in the registration or transportation of the aircraft;
- The information provided did not contain specific facts linking the client to document forgery or any personal benefit from the alleged actions.
The Commission requested additional evidence from the Kenyan side regarding the client’s individual role and clarification of the discrepancies in the timeframe of the accusation. However, the Kenyan NCB failed to provide new data or explanations confirming the client’s involvement in the alleged crime. The documents submitted contained only general statements without specifying the client’s actions.
The Commission emphasized that for the publication of a Red Notice, sufficient factual evidence is required to demonstrate the individual’s involvement in the crime. In this case, such evidence was absent.
Outcome: Favorable Decision for the Client
The Commission decided that the data on the client did not meet INTERPOL’s rules for processing personal information. As a result, the information was to be removed from INTERPOL’s database and official website. Thanks to effective defense and argumentation, the client was relieved of the international warrant and the risks of detention via INTERPOL.
If you are facing a similar situation or have been subject to international arrest, contact experienced attorneys for professional assistance in protecting your rights and interests.
