HomeRed Notice Deletion After Statute of Limitations Expired in Hungary
A Hungarian court dismissed charges against an individual due to the expiration of the statute of limitations, but the INTERPOL Red Notice remained active, prompting a legal challenge for removal.
Case Overview
A concerned party contacted us on behalf of an individual who had been placed on INTERPOL’s Red Notice list at the request of the Russian Federation under Article 158, Part 2 of the Criminal Code. In October 2022, the individual was detained while crossing into Hungary and only then became aware of the Red Notice and the related charges.
Hungarian authorities initiated judicial review and ultimately released the individual, as the case was declared time-barred under Hungarian law. Despite this decision, the Red Notice remained active, continuing to impact the person’s freedom of movement and legal standing internationally.
Faced with the legal contradiction between Hungary’s dismissal of the case and the continued international alert, the individual sought assistance to file for complete removal from the INTERPOL system.
Legal Strategy: Challenging a Red Notice After Expiry of Legal Relevance
After reviewing the Hungarian court’s decision and INTERPOL documentation, our team found a strong legal foundation to challenge the validity of the Red Notice. INTERPOL is bound by Article 2 of its Constitution, which prohibits the retention of notices that violate fundamental legal principles, such as final judicial rulings or expiry of prosecution deadlines.
Under the guidance of Dr. Anatoliy Yarovyi, our team prepared a detailed removal request and submitted it to the Commission for the Control of INTERPOL’s Files (CCF). We emphasized that Hungary—an INTERPOL member state with an impartial judiciary—had clearly ruled the case inadmissible due to the expiration of the statute of limitations.As an experienced interpol lawyer in Dubai, Dr. Yarovyi ensured that the legal brief clearly highlighted inconsistencies between the ongoing notice and INTERPOL’s own legal framework.
Result
The submission was formally accepted for review by the CCF. While the decision is pending, the case has already achieved a major milestone: INTERPOL initiated an internal review of the notice’s legal basis. The client now has strong legal positioning and a high chance of success in achieving full deletion of the Red Notice, restoring the individual’s right to international mobility and legal security.
