HomeDeletion of INTERPOL Data: Case of a Minor from Russia Under U.S. Protection
Client’s Issue
Our client, a Russian national, became the subject of an INTERPOL Red Notice for alleged involvement in fraud committed by an organized crime group. According to the Russian authorities, he participated in the creation of a fictitious restaurant in Moscow, which allegedly sold food and beverages at inflated prices. The total damage in the case amounted to approximately 430,000 rubles; however, the INTERPOL request only referred to a 15,000 ruble damage episode. A key factor in this case is that the client was under 18 years old at the time of the alleged offenses. Subsequently, he was granted Special Immigrant Juvenile status in the U.S., providing him with protection from deportation.
Prosecution’s Position and Defense Arguments
Russia claimed that the client was an active member of an organized criminal group involved in deceiving customers of fictitious establishments. The accusation stated that he used his bank account to distribute funds obtained from fraudulent activities. On the basis of this, the Russian authorities sought his international arrest, extradition, and prosecution for fraud under Article 159, Part 4 of the Russian Criminal Code (fraud committed by an organized group on a large scale).
Defense’s Arguments
The client’s lawyer petitioned the INTERPOL Commission for the deletion of the data. The main defense arguments included:
- Lack of evidence of involvement in the crime: The charges failed to provide a direct connection between the client and specific fraudulent actions, other than using his bank account. His role in the alleged criminal group was not proven.
- Non-compliance with INTERPOL principles: The case lacked sufficient evidence to suggest the client was involved in the fraudulent activities. Additionally, the client’s age at the time of the alleged offenses reduced the international law enforcement interest in the case.
- Legal protection in the U.S.: The U.S. court recognized the client’s vulnerability and granted him protection status, making extradition impossible. As such, INTERPOL could not use the Red Notice in a manner that would violate this status.
- Violation of the proportionality principle: Since the goal of extradition cannot be achieved due to the protection status, the data processing by INTERPOL was no longer relevant and violated international standards.
INTERPOL Commission’s Decision
The INTERPOL Commission agreed with the defense’s arguments. The following conclusions were reached:
- The description of the crime did not provide enough details to link the client to any specific criminal activity.
- Considering the client’s minor status at the time of the alleged events and his current status in the U.S., the Red Notice lost both legal and practical significance.
- The processing of the data violated Articles 10, 12, 35, and 99(2) of INTERPOL’s Rules on the Processing of Data.
As a result, the data concerning the client was deleted from INTERPOL’s database, and access to the information was blocked for all member countries.
Conclusion
This case highlights the importance of timely legal assistance when international notices violate human rights and are applied in cases that do not meet INTERPOL’s objectives. Even in the presence of allegations, insufficient evidence, the individual’s age, and protective status can serve as grounds for data removal from INTERPOL’s system.
If you or your loved ones are facing a similar situation and need protection of your rights, contact experienced attorneys specializing in international cases and defense against wrongful INTERPOL requests. Timely legal assistance can be crucial in protecting your interests and ensuring justice is served.
