HomeCase of Austrian businessman wanted for fraud in Russia
The Facts
The applicant holds dual citizenship of Ukraine and Austria and is the owner of a business enterprise.
Back in 2011, a Russian state-owned company transferred over 17 million US dollars to companies affiliated with our client as part of a contract for the delivery of industrial equipment. However, due to complications unrelated to the client’s actions and stemming from issues with other subcontractors, the full delivery of the equipment could not be completed.
Despite the external nature of the obstacles, in 2020 the applicant was formally accused by Russian authorities of fraudulently misappropriating funds from the state budget. As a result, he was placed on Interpol’s international wanted list.
On 8 April 2022, the applicant was apprehended in Hungary based on an Interpol diffusion notice. While awaiting the outcome of extradition proceedings, restrictive measures were imposed on him. Just three days later, on 11 April 2022, the Metropolitan Court of Budapest ruled against his extradition, citing that the criminal charges were already subject to statutory time limits under Hungarian law and thus could not justify extradition.
Commission’s Assessment
The Commission first noted that Russian authorities failed to adequately explain why no action had been taken to engage Austria in pursuing the diffusion request — even though they themselves officially acknowledged that the applicant resided in Austria. This lack of initiative raised concerns about whether Russian authorities had a genuine intent to fulfill the objectives of the diffusion in accordance with Articles 10 and 97(1) of the Rules on the Processing of Data (RPD).
The Commission also examined whether there was sufficient evidence to establish the applicant’s personal involvement in any criminal activity.
Upon review, the Commission found that the only specific conduct attributed to the applicant was his signing of the contract. His alleged role was not connected to any coordinated criminal behavior or accomplices. This isolated act, by itself, was considered insufficient to establish a link to a criminal conspiracy or organized fraud.
Arguments Presented by Interpol Law Firm
Interpol Law Firm submitted a request for deletion of the data concerning the applicant, arguing the following key points:
- The intended purpose of processing the applicant’s data was vague and not clearly articulated;
- The case in question revolved around a civil or commercial dispute that should not fall under the domain of international law enforcement cooperation;
- The data provided by Russian authorities lacked a clear, concise, and specific description of the applicant’s supposed criminal involvement.
Final Decision by the Commission for the Control of Interpol’s Files (CCF)
After reviewing all available documentation and legal arguments, the Commission determined that the data related to the applicant did not meet the requirements set out in Interpol’s legal framework governing the use of personal information. As a result, the Commission ruled that the information be deemed non-compliant with Interpol’s rules and recommended its removal from the organization’s databases.
If you or someone you know is facing an unjust Interpol alert or has concerns about the legality of international warrants, don’t hesitate to seek expert legal counsel. Contact us today for a comprehensive review of your case and to explore your options for removing inaccurate or politically motivated data from Interpol’s database. We are here to ensure your rights are protected and that you receive a fair and just resolution.
