Removal of the Red Notice by Interpol regarding the case of service weapons initiated by Ukraine in the territory of the UAE
The essence of the problem
Information about the client was placed in the Interpol database based on a request from Ukrainian law enforcement authorities. The basis for publishing the Red Notice was an accusation of misappropriating service weapons and ammunition in the early days of the armed conflict in February 2022.
The client, a police officer, received a service weapon under emergency conditions and soon left the territory of Ukraine, fearing for the safety of his family. Later, he was declared internationally wanted, which led to his detention in the United Arab Emirates and significant restrictions on his freedom of movement.
In order to protect his rights, the client appealed to the Commission for the Control of Interpol’s Files (CCF) with a request to delete the data as not complying with the rules of international police cooperation.
Position of the prosecution
The Ukrainian side claimed that:
- The client, being a police officer, received service weapons and ammunition;
- Subsequently, he left his place of service and the territory of the country;
- The weapon was hidden in the utility room;
- His actions are classified as illegal appropriation of weapons;
- A warrant for his arrest was issued, and an international notice was sent.
It was also stated that the crime falls into the category of serious offenses and is subject to international search.
The position of defense and key arguments
The defense consistently pointed out the following circumstances:
1. Absence of signs of criminal intent
Client:
- did not use a weapon;
- did not attempt to sell or transfer it to third parties;
- voluntarily reported the location of weapon storage;
- did not derive any benefit.
The weapon was left on the territory of Ukraine and subsequently seized by law enforcement agencies.
2. The military context of events
The events took place in the first days of full-scale hostilities:
- there was no stable connection and control;
- there was a threat to life and safety;there was a risk of military actions in the region.
In fact, it was about actions in an emergency situation, not about a selfish crime.
3. Lack of interest for international search
The defense stated that:
- Ukraine did not send a proper extradition request;
- UAE ceased extradition proceedings;
- The case does not have a transnational character;
- There is no public danger justifying an international search.
Assessment of the Interpol Commission
The commission analyzed the submitted materials and arrived at the following key conclusions:
- the incriminated actions do not indicate the presence of intent to commit theft;
- the weapon was not used for criminal purposes;
- there are no signs of systematic criminal activity;
- the facts do not indicate a high degree of public danger;
- the events took place in the context of an armed conflict;
- international search does not comply with the principle of proportionality.
It is particularly noted that:
- the data of the case does not meet the criterion of seriousness;
- there is insufficient interest in international police cooperation;
- circumstances are predominantly of an official and military nature.
Final solution
Based on the results of the review, the Interpol Files Control Commission concluded that:
- The information about the applicant does not comply with the requirements of Articles 35 and 83 of the Interpol Rules
- the case does not possess a sufficient degree of public danger;
- the international search was disproportionate to the stated goals;
- The data is subject to deletion from the Interpol system.
The commission decided to completely remove the information about the applicant from all Interpol databases.
This solution means:
- termination of international search;
- removal of all restrictions related to Red Notice;
- restoration of the right to free movement.
Output
This case demonstrates that even in the presence of formal criminal prosecution, Interpol cannot be used in situations:
- related to military actions;
- not representing a real public danger;
- not complying with the principle of proportionality;
- not having sufficient international significance.
If you are facing a similar situation — such as an Interpol notice issued against you in connection with military or extraordinary circumstances, where the accusations are largely formal and there is no genuine need for an international search — seeking assistance from experienced Interpol lawyers is a crucial step. A well-structured legal defense can lead to the removal of unlawful data, termination of the international search, and effective protection of your rights at the international level.