In late autumn 2019, Gherson was approached by a British national who is resident in the United Arab Emirates (“UAE”) and has various business ventures in the region. Whilst transiting earlier in the year, he had been arrested and detained as a result of an INTERPOL Red Notice. As is often the case, this was the first time our client became aware of the existence of such a notice, which was published at the request of the UAE authorities. Ultimately, this led to extradition proceedings from which our client was promptly discharged due to procedural errors. The Red Notice had been published in our client’s name in relation to an alleged “bounced cheque” in the context of a commercial dispute, and because he had been convicted in-absentia and sentenced to a term of imprisonment in the UAE.
Gherson was instructed to submit detailed representations to the Commission for the Control of INTERPOL’s Files (“the CCF”) and the General Secretariat to challenge the the imposition of the Red Notice and the nature of the data held within INTERPOL’s information system. At the same time, we successfully requested that interim measures be imposed whilst the case was pending before the CCF. Following the submission of further representations whilst our client was detained (yet again), we were able to secure the deletion of the Red Notice within the short period of 12 weeks.
It is not unusual for aggrieved parties in civil and commercial disputes to resort to filing ‘criminal’ complaints with the state authorities which then give rise to information being published by INTERPOL at the request of the state, and we are regularly instructed to assist in such cases. Naturally, where this leads to a Red Notice being published, an individual will likely face travel restrictions, damage to their reputation and, more importantly, be at risk of detention and potential extradition. For these reasons, challenging such notices is often highly complex and we would strongly recommend that expert advice is sought and that all options are explored.
Gherson is a multi-faceted law firm that specialises in INTERPOL, extradition, immigration and international protection matters. If you require any assistance regarding data held by INTERPOL, please do not hesitate to contact our specialist team.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2020
Solicitor in our corporate and complex case teams
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