Senior Partner
Anatoly Yarovyi
Background
Our client became the subject of an INTERPOL Red Notice following allegations of fraud and participation in an organized criminal group arising from a failed investment project.
The requesting authorities alleged that several investors had suffered financial losses after investing in a private business venture. Based on these allegations, criminal proceedings were initiated and an international alert was circulated through INTERPOL.
However, the same dispute was already being examined in parallel civil proceedings concerning the contractual relationship between the parties. This raised serious concerns that criminal law was being used to resolve what was, in substance, a private commercial dispute.
How We Helped
Our legal team prepared and submitted a comprehensive application to the Commission for the Control of INTERPOL’s Files (CCF), requesting the deletion of the Red Notice.
We demonstrated that the dispute originated from contractual investment agreements rather than criminal conduct. To support this position, we relied on the contractual documentation, settlement materials and evidence confirming that the dispute was already the subject of civil litigation.
We also argued that the information circulated through INTERPOL failed to provide a clear and individualized description of our client’s alleged criminal conduct.
In particular, we demonstrated that the requesting authorities failed to explain:
- what specific fraudulent acts had allegedly been committed by our client;
- how the allegations differed from a contractual failure to perform commercial obligations;
- why personal criminal liability was attributed to our client instead of the business entity involved;
- how the alleged criminal scheme actually operated; and
- how our client personally benefited from or participated in the alleged offences.
Our submissions showed that the allegations relied largely on the client’s formal position within the business rather than on concrete evidence of individual criminal conduct.
Decision of the Commission
After reviewing the submissions of both parties, the Commission concluded that the information available did not satisfy INTERPOL’s Rules on the Processing of Data.
The Commission found that:
- the dispute was predominantly commercial rather than criminal in nature;
- the authorities failed to provide a sufficiently clear description of the client’s personal involvement in the alleged offences;
- the alleged criminal conduct was not supported by sufficiently detailed factual information;
- the material provided did not demonstrate how the client individually participated in the alleged criminal activity.
The Commission therefore concluded that the legal requirements for maintaining the Red Notice had not been met.
Outcome
The Commission found that the challenged data were not compliant with INTERPOL’s Rules on the Processing of Data and ordered their deletion from INTERPOL’s files.
This was a successful outcome for our client. The decision confirmed that INTERPOL’s mechanisms cannot be used to support private commercial disputes where criminal allegations are not supported by clear, individualized and sufficiently detailed evidence.
Why This Case Matters
This case demonstrates an important human rights principle: international criminal cooperation must not become a tool for exerting pressure in private business disputes.
INTERPOL’s mechanisms exist to combat serious cross-border crime, not to strengthen one party’s position in ongoing commercial litigation. When criminal allegations are not supported by clear, individualized evidence, the continued processing of personal data may violate both INTERPOL’s own legal framework and fundamental principles of fairness and due process.
Need Legal Assistance?
If you believe an INTERPOL Red Notice, Diffusion, or another international alert has been issued in violation of your rights, meet our legal team to learn more about the lawyers handling complex international cases. You can also contact us for an initial assessment of your situation and advice on the available legal remedies.