Gherson LLP secures INTERPOL Red Notice deletion

27 Jun 2024, 40 mins ago

Gherson LLP secures deletion of an Interpol Red Notice issued on behalf of the UAE. The Red Notice sought the detention of an individual of a UAE Property Management company.

Gherson made several important submissions to INTERPOL, emphasising the serious UNDHR Articles which this matter would breach should it be pursued.

Gherson provides specialist advice in relation to INTERPOL, extradition, sanctions and white-collar crime issues.

What is an INTERPOL Red Notice?

It is via a Red Notice that a member state, through its National Central Bureau, can request that INTERPOL notifies all other member states that it wants to locate a suspect or convicted person and take steps to facilitate extradition proceedings. It is up to each member state to decide the legal status of a Red Notice, and INTERPOL cannot compel the law enforcement authorities in any country to arrest someone who is the subject of a Red Notice.

How to remove an INTERPOL Red Notice?

In our previous blog discussing How to remove an INTERPOL Red Notice, we noted that there are numerous ways to challenge the validity of INTERPOL Red Notices. INTERPOL is governed by the Rules on the Processing of Data (the RPD) and the INTERPOL Constitution (the Constitution). Effective challenges require an intricate understanding of the RPD and the Constitution alongside a thorough understanding of each specific factual situation. It is, therefore, via a thorough practical understanding of the RPD and the Constitution applied against the specific factual scenario that effective challenges have the best chance of being successfully mounted. As such, expert legal advice is always recommended.

Extradition concerns within the UAE:

The UAE is notorious for its excessive use of Interpol Red Notices against people with outstanding debt. The UAE has issued the most Interpol Red Notices per head of population than any other member country. Due to this, Interpol now only issues Red Notices for unfunded cheques over $10,000. Additionally, the UAE focuses those who have fallen out of political favour with Red Notices, restricting their ability to travel and conduct their affairs freely.

While the UAE seeks the return of individuals through Interpol, it has sometimes bypassed these processes. UK courts have been reluctant to extradite people to the UAE, especially since the high-profile case of Lodhi v Secretary of State for the Home Department in 2010. Extraditions have been denied mainly due to human rights concerns, particularly potential violations of Article 3 (prohibition of torture and inhuman treatment) and Article 6 (right to a fair trial). Courts have heard harrowing accounts from those who experienced UAE custody and trials firsthand. In UAE v Allen, the High Court found that issuing an uncovered cheque was not a crime under UK law and lacked evidence of dishonesty.

What happens if I attempt to travel while subject to an Interpol Notice?

If your name is on Interpol with an international arrest warrant, there is a high chance you’ll be arrested if you travel to another country. Interpol helps police forces in different countries cooperate, so if you’re listed, other countries may be required to detain you.

Extradition procedures and laws vary by country and the crime involved, but generally, it’s not advisable to travel if you have an international arrest warrant.

What happens if I am being extradited?

If you’ve been arrested due to an Interpol Notice and international arrest warrant and now face extradition, we may be able to explore several legal options to help prevent it. These options depend on your case’s details and the laws of the country holding you. Contact us immediately so we can assist and explore every possible defence against extradition, such as:

  1. Advice & Representations: We can offer expert advice on human rights concerns, failures of due process, and safety risks if extradited to countries unfavourable countries. We will put forward representations on your behalf to present the best case.
  2. Challenging Legality: We may be able to contest the legality of the Red Notice and arrest warrant if there are procedural flaws or rights violations.
  3. Claiming Asylum or Refugee Status: If you fear persecution or harm if extradited, you may be able to claim asylum or refugee status in the country where you are held. This could protect you from extradition, and we can assist with this process.
  4. Invoking Human Rights Protections: Extradition must comply with human rights laws, for example the right to a fair trial and protection from torture. We can invoke these protections to prevent extradition.

Legal remedies to prevent extradition vary by case, so contact us as soon as possible to protect your rights.

How Gherson can help

Those who fear that they may be subject to INTERPOL measures, including a Red Notice, should take heed.

Gherson continue to receive requests for expert advice and assistance from those who fear they may have outstanding financial issues arising. That advice addresses:   

  1. How to best approach a possible INTERPOL Red Notice;
  2. Preparing for potential criminal proceedings/an extradition request;
  3. Preparing for a situation where a civil matter or commercial dispute could be used to initiate bogus criminal proceedings; and
  4. Even exploring the possibility of instigating civil litigation proceedings to recover any misappropriated assets.

Gherson have previously written a series of blogs designed to assist those who fear they might be subject to INTERPOL measures (including a Red Notice):

If you have any questions arising from this article, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date on the latest developments.

The information in this article 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 do not 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 2024