Interpol Red Notice Removal Lawyers & Defence Attorneys

What is an INTERPOL Red Notice and diffusion?

An INTERPOL Red Notice is a request to the relevant law enforcement agencies to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. It is issued at the request of a member country based on a valid national arrest warrant. A Red Notice is not an international arrest warrant but serves to inform member countries about a person’s wanted status for serious crimes, helping facilitate international cooperation in criminal matters.

INTERPOL Diffusions are requests for cooperation or alerts sent directly by an NCB (National Central Bureau) or international entity to the countries of their choice, using INTERPOL’s communication channels. Unlike Interpol Red Notices, which are formal, internationally recognized requests for the location and provisional arrest of individuals, Diffusions are more flexible and can include a broader range of requests, such as locating a person, gathering information, or alerting authorities about a specific case. While Red Notices are reviewed and published by INTERPOL’s General Secretariat, Diffusions are directly managed by the requesting NCB or international entity.

How to protect yourself from red notice?

Legal ways to challenge INTERPOL Red Notices include:

• Request for Correction or Deletion: Submitting a request to the Commission for the Control of INTERPOL’s Files (CCF), for example arguing that the notice violates INTERPOL’s rules, such as its prohibition on involvement in political, military, racial, or religious matters.

• National Legal Actions: Challenging an arrest warrant issued in the national courts of the country where the individual has been arrested or resides, based on violations of domestic law or international human rights standards.

• Extradition Proceedings: Contesting the notice during extradition proceedings, arguing against extradition on grounds such as the risk of persecution, unfair trial, or torture in the requesting country.

These challenges can involve proving that the notice is based on false information, lacks a legal basis, or is used for political purposes.

Applicable legal framework of INTERPOL

The main legal acts that guide INTERPOL include:

• INTERPOL’s Constitution: This foundational document outlines the organization’s structure, objectives, and principles, emphasizing political neutrality and respect for the Universal Declaration of Human Rights.

• General Assembly Resolutions: Decisions made by INTERPOL’s General Assembly, the organization’s supreme governing body, which provides directives and guidelines for its operations and activities.

• Rules on the Processing of Data (RPD): These rules govern how INTERPOL collects, stores, processes, and shares data, ensuring the protection of personal information and compliance with international legal standards.

• Statute of the Commission for the Control of INTERPOL’s Files (CCF Statute): This statute defines the role and functions of the CCF, which is responsible for ensuring that INTERPOL’s processing of data complies with its rules and protecting the rights of individuals.

• Extradition Treaties and Agreements: Various international and bilateral treaties that outline the procedures and conditions under which member countries cooperate on extradition requests facilitated by INTERPOL.

What are the main grounds for challenging an INTERPOL Red Notice?

The main grounds for challenging an INTERPOL Red Notice include:

• Political, Military, Racial, or Religious Nature: If the Red Notice is issued for reasons related to political, military, racial, or religious activities, it violates INTERPOL’s Constitution, which prohibits such involvement.

• Violation of Human Rights: Interpol aims to promote the widest possible mutual assistance among criminal police authorities in the spirit of enhancing universal human rights. As such, red notices cannot contravene international human rights standards, such as risking persecution, torture, or unfair trial in the requesting country.

• Lack of Due Process: If the Red Notice is based on legal proceedings that did not meet fair trial standards or if the underlying national arrest warrant is invalid or improperly issued.

• Insufficient Legal Basis: If there is no legitimate legal basis for the notice, such as lack of evidence or the offense is not recognized by international law or the laws of the requesting country.

• Incorrect or Misleading Information: If the information provided in the Red Notice is false, inaccurate, or misleading.

Challenges can be submitted to the Commission for the Control of INTERPOL’s Files (CCF), which reviews the case to determine if the notice complies with INTERPOL’s rules and regulations.

Why develop a competent defense strategy when challenging INTERPOL red notice?

First of all, it should be noted not all attorneys are capable of developing a competent defense strategy for challenging an INTERPOL Red Notice, as this requires special knowledge and skills, as well as an understanding of the practice of applying INTERPOL regulations in a particular case.

It is very important to understand that there may not be a second chance to appeal an INTERPOL Red Notice if you lose. Interpol’s appeal process is quite complex and requires new facts and evidence to be considered, so very often clients do not get a second chance to appeal. Therefore, preparing a competent Interpol red notice defense strategy and evidence is critical to appealing a Red Notice.

How can our lawyers help in challenging a red notice?

The whole process of challenging a red notice with our team consists of several consistent steps, such as:

1. Case study – The process of challenging an INTERPOL Red Notice with our team begins with analyzing your case and forming a strategy. We do not take any fees for this stage. When you are satisfied with the strategy, we will start further work. At this stage, you need to provide us with all the necessary documents or the key details of the case.

2. Preparing and submitting a deletion request – The preparation of the deletion request will take around 10 working days. As a rule, we send deletion requests by email or post if the request consists of many attachments.

3. Admissible stage – After CCF accepts the deletion request, within 1 – 2 months we must accept the letter from CCF that the request was declared admissible for review. From the moment the request is recognized as admissible, the review of the request begins, which can take up to 9 months.

4. Temporary measures – After the deletion request has been declared admissible, we will apply to the CCF for the application of provisional measures aimed at blocking the data (freezing the notice) in the Interpol Information System, pending the examination of the request on the merits.

5. Stage of follow-up – During the review of the complaint, we may send letters to the Commission from time to time to update the status of the case or to obtain information about interim measures taken in the case.

6. Getting a decision – After the decision to delete the data concerning the Client is rendered, the Commission shall provide it to the INTERPOL’s General Secretariat within one month. Afterward, the General Secretariat shall implement the decision of the Commission within one month from the date on which the decision was received. And the last step – the Commission shall provide us with its decision no later than one month from the date on which the Commission has received notification of its implementation.

7. Revision request – We can help to draft and submit an application for revision of a negative Decision of the Commission, according to Article 42 of the Statute of the Commission. In this stage, you must present a newly discovered and relevant fact(s), within six months of its discovery, and also describe the reasons for which such new fact(s) could have led the Requests Chamber to a different conclusion if known at the time at which the request was being processed.

What are the benefits of working with lawyers in INTERPOL practice?

Each year, our Interpol red notice defence attorneys handle more than 100 Interpol issues from around the world, so our experience is unique and allows us to develop unique enforcement practices depending on the countries we work with. Working with our lawyers who specialize in INTERPOL practice offers several distinct benefits.

Here are some key advantages of working with our Interpol red notice law firm:

• Implementation of preventive measures: Identifying the legal problem at an earlier stage and minimizing the risks associated with international prosecution through Interpol channels.

• Multidisciplinary approach: INTERPOL notices often require a multidisciplinary approach involving immigration, criminal defense, and human rights law. Our Interpol lawyers specializing in this area can coordinate these aspects to provide comprehensive legal support.

• Access to International lawyers networks: We have a broad partnership of attorneys in various countries that allows us to pursue legal action at the national level, which strengthens our ability to gather evidence of violations to challenge an Interpol red notice.

• Crisis legal management: In urgent situations, such as an unexpected arrest or detention based on a Red Notice, INTERPOL lawyers can provide rapid legal support and advice to mitigate the situation and protect your rights. Our international crime experts can also prepare a request to the Commission for the control of INTERPOL files for interim measures to block the red notice pending a final decision by the Commission.

• Knowledge of INTERPOL’s Constitution and Rules: They have detailed knowledge of INTERPOL’s constitution, rules, and regulations, enabling them to identify and argue violations effectively. That includes how to remove Interpol red notice, posting bail from an extradition request, and more.

• Confidentiality: Lawyers ensure that your case is handled with the utmost confidentiality and discretion, protecting your privacy and reputation.

Which of our lawyers work with Interpol Red Notices?

Dmytro Konovalenko

Dmytro Konovalenko is an Interpol red notice lawyer with years of experience in dealing with the Interpol File Control Commission. Dmytro has successfully appealed for a red notice removal from countries in Europe, Asia, and the Far East. Besides giving Interpol’s red notice advice, he also offers legal assistance with extradition law and criminal case proceedings.

Anatoliy Yarovyi

A senior partner, Anatoliy Yarovyi has a proven track record in solving Interpol matters. Yarovyi has assisted dozens of clients with Interpol red notice legal advice and appeals from countries in Latin America, North America, Europe, and Africa.

Besides his Interpol red notice removal practice, Yarovyi has an outstanding track record in high-profile criminal defense, especially in white-collar and economic crimes. The Doctor of Law has managed complex criminal offence cases in different countries, involving litigation of multiple judicial authorities, asset seizures, and sanctions.

Who did we help get off the Interpol list?

1. We successfully challenged an Interpol red notice initiated by the Republic of Belarus against a member of the Ukrainian Parliament on corruption charges.

2. Our lawyers have successfully challenged a diffusion order against a Ukrainian businessman who was persecuted by Russia for economic reasons.

3. We received a positive decision from the Commission for the control of INTERPOL’S files in the case of Mikhail Oreshnikov, who was an open critic of the Putin regime and opposed the annexation of Crimea and later received Ukrainian citizenship.

If you are the subject of an Interpol Red Notice, seek professional legal advice

Every legal problem, even one as complex as an Interpol red notice, has a legal solution.

It’s important to seek the qualified legal assistance of an Interpol attorney on time.

Summary of the removal of the red notice from Interpol

Every case has a chance of success, the main thing is to turn it in time to lawyers who can make real this chance. We are always ready to help you with everything from private disputes to the most complicated red notice request cases.

Dmytro Konovalenko

Senior Partner, Attorney-at-law, admitted to the Bar (Certificate to practice Law #001156)

Lawyer, an expert in extradition and Interpol. He is a member of the International Bar Association. For more than 5 years he has been defending clients against international wanted notices from the USA, Russia, Uzbekistan, Ukraine, and other countries. Dmytro has had a positive experience in taking preventive measures to block the search at the initial stages. Dmytro specializes in the defense of economic, political, and war crimes

Phone:

+357 25 059 684

Email:

[email protected]

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