HomeRussia / Interpol — Update of International Search Data and Elimination of Procedural Violations
Client’s problem
The client faced an international search through Interpol channels based on a national arrest warrant. A diffusion was issued against him, which created serious risks: detention at border crossings, restrictions on movement and business activity, as well as reputational consequences. At the same time, the defense pointed to procedural violations in the selection of the preventive measure and questioned the relevance and legality of the data used.
The position of the prosecution and demands
The requesting party insisted on retaining the data in Interpol files, referring to an investigation into charges of large-scale fraud involving digital assets and the existence of a court decision for detention. The requirement was to continue the international search based on a national warrant.
Solution to the problem and key points of defense
The defense appealed to the Commission for the Control of Interpol’s Files with a demand for access to the data and their deletion, arguing their position with the following circumstances:
- The initial arrest warrant was canceled by a higher court due to a violation of the right to defense (consideration of the issue without the participation of a lawyer);
- It was indicated that there was a lack of sufficient clarity in describing the client’s personal involvement in the incriminated acts;
- The question of the legality and relevance of procedural grounds for international search was raised.
During the investigation, the Commission thoroughly examined the arguments of the parties, requested clarifications from the national bureau, and assessed compliance with Interpol’s fundamental standards, including requirements for legality and data quality. A significant outcome was the recognition that the original warrant had lost its validity and could no longer be used in international databases. The Commission mandated its replacement with a new judicial act adopted in compliance with the right to defense, thereby addressing the identified procedural violations and ensuring the relevance of information in Interpol’s system.
The result, the resolution of the case
Based on the results of the review, the Commission did not allow the use of an invalid warrant and decided to update the data in Interpol’s files, excluding the unlawful procedural basis. This decision became fundamentally important for the client, as it prevented further use of the annulled court act and restored compliance of the international search with the established rules and standards of Interpol.
If you are faced with an international search, a red notice, or an Interpol diffusion and doubt the legality of the grounds, turning to experienced lawyers in international criminal law can play a key role. Professional defense allows for identifying procedural violations, achieving correction or deletion of data, and significantly reducing legal risks in similar situations.
