Saudi Arabian Case: Deletion of our Client´s Data in Interpol’s databases
This case involved our client contacting us due to concerns that he may be the subject of an Interpol Red Notice by Saudi Arabia. Our extradition law team took this matter very seriously and investigated it for him. It is permitted to inspect Interpol files, as long as the request is made per Rule 30 of the Operating Rules of the Commission. This means having the necessary documentation along with the request and presenting the request properly. During this first application, there was no data relating to our client on the Interpol databases.
However, two years later, our team checked again on behalf of our client. Once again, our extradition law team followed the requirements when making the application. This time there was an Interpol Red Notice issued towards our client from the Kingdom of Saudi Arabia. Our client was concerned upon discovering this information. The Red Notice was based on an arrest warrant for “commercial fraud” issued by the Saudi Arabian authorities. Once this information was uncovered, our team of extradition lawyers started on the important work of removing this Interpol Red Notice for our client.
To get this Red Notice removed, our legal team consulted closely with our client, gathered the required evidence and then lodged the complaint. Our complaint was deemed to be admissible by Interpol and per their rules. Upon receiving our complaint, Interpol contacted the relevant authorities in Saudi Arabia about the matter.
Our Arguments Concerning The Commercial Nature of the Case
Our case was based on several grounds. Firstly, we examined the case from the point of view that an Interpol Red Notice can only be issued due to a serious crime based on the law of the country. Interpol Red Notices cannot be issued due to political reasons or other grounds which breach the Interpol Constitution. For this matter, our team had to examine this case and determine whether the accusation of commercial fraud held up. We examined the evidence shown, from there, we argued that the required evidence for the accused crime was lacking and that the accusation of criminal law activity was non substantiated.
Our case was built upon the view that the Saudi Arabian authorities had been unclear in their description of the alleged criminal activities undertaken by our client. We examined their case from many angles and argued that their case did not reach the required standards necessary under Article 83 (2)(b)(i) Interpol’s Rules on the Processing of Data. Under this provision, the state seeking an Interpol Red Notice must present a case and contain the required judicial data to show “a succinct and clear description of the criminal activities of the wanted person”. Mere criminal accusations without the required description of what the accusations concern, in detail, are not sufficient for as heavy a measure as an Interpol Red Notice.
The Ruling of the Interpol Commission on this Case
The Interpol Commission’s function is to ensure that data stored in Interpol’s databases are compliant with the rules of Interpol’s Rules on the Processing of Data. At this stage, it is not the Interpol Commission’s role to determine whether the individual connected to the Red Notice order is guilty or innocent of the crimes they have been accused of. Experienced extradition lawyers, such as those within the Schlun & Elseven team, will be familiar with these rules and determine whether a Red Notice can be challenged. In this case, the Interpol Commission had to determine whether the Saudi Arabian authorities’ information was clear in its description of our client’s alleged criminal activities.
On this matter, the Interpol Commission ruled in favour of our client. Due to the unclear description of the alleged criminal activities, the Commission could not determine whether the data stored on our client was per Interpol’s rules. This ruling was of great relief to our client as it led to the deletion of the Interpol Red Notice issued towards him. Our case was not limited to this matter, as there were other irregularities found in our research and preparation, but they were not necessary to the commission’s final decision.
This is another case that demonstrates how expert legal counsel and guidance can secure results. Our legal team is ready to provide you full-service representation in matters concerning Interpol Red Notices. This case demonstrates that alleged criminal activities need to be properly presented for Interpol Red Notices to apply. Private individuals should not be fearful of challenging such moves by states and should instead ensure that they have the right legal representation at their side.
Schlun & Elseven: Extradition Lawyers, Interpol Red Notices and Diffusions
At Schlun & Elseven Rechtsanwälte, our legal team works with a global client base in Extradition law and Interpol matters. We have dedicated articles on Interpol Red Notices and other Interpol Notices and Diffusion Orders, and our team of legal experts advises and supports our clients on all of these matters. We are very familiar with the Interpol Constitution requirements and will be by your side throughout the legal dispute. Our lawyers will prepare your case diligently and precisely, as successful preparation is crucial to success in these cases.
At Schlun & Elseven Rechtsanwälte, we are a full-service law firm with offices in Cologne, Aachen and Düsseldorf and conference rooms around Germany. Our legal team holds itself to the highest standards, and client satisfaction is key to our firm’s success. This article concerns just one example of our work in a successful extradition case. Contact us now to start working with our legal team today. Our lawyers are ready when you are.