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The historical fact
An Interpol red notice was issued against our client, a Lebanese citizen, on the basis of the international arrest warrant issued by the judicial authorities of Lebanon, which had applied a criminal sentence against him for having issued a check in Lebanon without financial coverage in the amount of 413,000 US dollars.
You should know, first of all, that through Interpol’s red notice system, a search is arranged in the international sphere for persons against whom a conviction or a precautionary measure has been issued, in order to have this person searched in the international sphere with a view to arranging his or her arrest and subsequent surrender through the instrument of the European arrest warrant or extradition procedures.
In fact, the Interpol red notice had been issued against our client on the basis of the international arrest warrant issued by Lebanon, in light of a criminal conviction that our client had suffered in that state for having deposited a check without financial backing in the considerable amount of US$413,000, an offense this punishable in Lebanon under Article 666 of the Penal Code.
After the issuance of the international arrest warrant, and the subsequent application of the Interpol red notice, our client was arrested in Spain, where an extradition procedure was initiated against him.
In the specific case, the Spanish judicial authorities, after having studied the case in depth, decided not to arrange for the delivery of our client in Lebanon, as they did not consider the principle of double punishment of the crime to exist, a principle on the basis of which, in order to arrange the surrender of a person in the context of an extradition proceeding, the disputed fact must be considered a crime in both states.
In this case, therefore, Spain believed that the conduct alleged against our client could not be considered a crime in Spain since, in the absence of elements from which it could at least be inferred that it was a scam, the payment of a check lacking financial coverage could not be considered a crime under Spanish law.
In light of these assumptions, therefore, after being arrested for the Interpol red notice in Spain, our client was released by the Spanish judicial authorities which did not proceed with the surrender following the extradition proceedings held in that State.
The fact that a sentence against our client had been issued contrary to the extradition request formulated by Lebanon, however, did not solve his problem at all since, specifically, the Interpol red notice remained and therefore our client ran likewise the risk of being arrested again if he moved from Spain, with the consequent reopening of extradition proceedings in another State.
So how did we solve the problem of our client? I’ll explain it to you below.
The reasons that promoted our client to contact an Interpol lawyer
As I told you earlier, the fact that the Spanish judicial authorities had refused the surrender as part of the extradition procedure was certainly good news for our client, but it did not solve his problem at all since, in the event that he was moved from Spain, he still ran the risk of being arrested again and, therefore, he also ran the risk that a new extradition procedure would be undertaken against him with consequent possible surrender to Lebanon.
You will understand that it was a risk that our client no longer wanted to run, therefore contacting an Interpol Lawyer in order to verify the possibility of definitively resolving his problem, thus requesting the cancellation of the Interpol red notice.
In fact, you should know that there is a procedure through which it is possible to request the cancellation of an Interpol red notice through a request addressed to the Commission for the control of Interpol’s files, which is responsible for verifying the validity of issued Interpol red notices and which, once it has done so, may issue a decision on the cancellation of Interpol red notices when they violate the fundamental rights of the person as set forth in the Universal Declaration of Human Rights, or in the Statute or the Interpol regulations.
Once the cancellation of the Interpol red notice is obtained, in fact, the person no longer runs the risk of being subjected to an arrest order in the international sphere since his name will no longer appear on the list of internationally wanted persons.
If you want more information on how to request the cancellation of an Interpol red notice with an interpol lawyer, or on how to request the suspension of the Interpol red notice, I suggest you read these articles in which I will explain in detail how it is structured the procedure before the Commission for the control of Interpol’s files for the suspension or cancellation of the red notice.
Our defense thesis
Once our client decided to contact in Interpol lawyer of our law firm to request the cancellation of the Interpol red notice, we immediately began to study the case in depth, considering it unfair that the same could be sought internationally for a fact that, on the basis of the law of most states in the world, it was not even considered a crime.
As I told you earlier, in fact, the Spanish judicial authorities had refused the extradition request issued by Lebanon precisely in consideration of the fact that the issuance of a check without financial coverage (in the absence of elements that could suggest the existence of a scam), could not be considered as a criminally relevant fact in Spain.
At the same time you should know that, based on Article 83 of the Interpol Data Processing Regulation, Interpol’s red notices can only be issued if “the offense in question is a common law offense of particular gravity” and that it does not may be enacted in the case of: “crimes committed in violation of laws or regulations of an administrative nature or deriving from private disputes, unless the criminal activity is aimed at favoring a serious crime or if it is suspected that it is connected to organized crime“.
In the request made to the Commission for the control on Interpol’s files, in fact, it was highlighted the fact that the conduct alleged against our client was not considered as a crime in most states of the world, thus making no logical sense to arrest him internationally for a fact that could not even be considered as criminally relevant outside Lebanon.
In confirmation of this circumstance, in fact, attached to our request for cancellation of the Interpol red notice was the ruling issued by the Spanish Judicial Authorities which, once they had ruled out the existence of the crime of fraud in the case of our client, had refused his surrender on the basis of the extradition request coming from Lebanon, believing that the conduct charged against our client was not considered as a crime in Spain and that therefore the requirement of double criminality of his conduct was not met.
Also in light of this circumstance, in fact, in the request for cancellation made to the Interpol Commission was highlighted the further fact that the conduct alleged against our client in Lebanon could certainly not be considered as a violation “of particular gravity” since it was, in fact, a violation arising from a dispute of a private nature, in no way related to organized crime.
From this point of view, the violation of the principles enshrined in Article 83 of the Interpol Regulations seemed absolutely evident since, Lebanon, had issued an international arrest warrant on the basis of a criminal conviction for an act that, certainly, could not be considered as a serious crime and that, in most states worldwide, would not even find punishability.
The issuance of the Interpol red notice, even though there had been a criminal conviction in Lebanon, was evidently too serious a measure for our client who, specifically, in the event of moving from Spain, again ran the risk of being arrested, thus again suffering an unjust detention order, and again running the risk of being handed over later to the Lebanese Authorities.
It therefore seemed clear for an Interpol lawyer that, if he were to be arrested, it would be an entirely arbitrary measure and completely contrary to the fundamental principles enshrined in the Universal Declaration of Human Rights.
Our request to the commission for the control of Interpol’s files
Once we became aware of the fact that an Interpol red notice was indeed pending against our client, we immediately proceeded to formulate a request for cancellation of the red notice on the basis of the provisions of the Interpol Statute and Regulations.
Specifically, our request was made to the Commission for the Control of Interpol’s files, which, as I said earlier, has the task of deciding on the validity of the notices entered into the Interpol system based on the reports from the various states.
In the request formulated to the Commission, all the aspects that I have listed above were highlighted, namely:
- he fact that the conduct alleged against our client could not be considered as a scam;
- the fact that the contested conduct, or the issuance of a check without financial coverage, was not considered a crime in most states worldwide;
- the fact that, however, it was not a serious crime, deriving the same from a dispute of a private nature in any way related to the world of organized crime.
In light of these elements, therefore, the interpol lawyer requested the Commission for the control of Interpol’s files to proceed with the immediate cancellation of the name of our client from the Interpol archives in order to avoid the same from undergoing a new arrest order which, specifically, it would surely have been completely arbitrary.
The decision of the commission for the control of the Interpol’s files
The Commission for the control of Interpol’s files, after having studied the case of our client in depth, decided to accept our defense thesis and to proceed with the cancellation of the Interpol red notice issued on the basis of the international arrest warrant issued by Lebanon.
A sostegno delle proprie argomentazioni la Commissione di Interpol si pronunciava nei seguenti termini: “the Commission expresses strong concern that the data on the Applicant in INTERPOL’S files may not be of interest for the purpose of international police cooperation. Indeed, it appears to the Commission that the particular case of Applicant does not meet the criteria of a “serious ordinary law crime”. The Commission finds these considerations, in essence, put to question the extent to which the Diffusion may fulfill its purpose, with reference to Articles 35 and 82 of the RPD”.
Once the cancellation of the Interpol red notice was finally obtained, our client returned to being able to have a normal life, being able to return to move freely around the world without running the risk of being arrested again and having to face a new extradition procedure.
The decision of the Commission for the control of Interpol’s files, in this way, avoided the fundamental rights of our client from being violated, allowing him to finally be able to live a free life.
If you have other more specific questions, or want more in-depth advice, do not hesitate to contact us for specialized advice from an Interpol lawyer for Interpol red notice or Interpol red notice cancellation.
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Why contatc an Interpol lawyer expert for red notice cancellation?
As you may have understood, the one dealt with is a particularly complex, delicate matter that requires particular and specific professional skills that not all lawyers possess.
It is therefore always advisable to rely on a competent Interpol lawyer, expert on the subject, who knows the legal matter well, so that, right away, there is the maximum guarantee of the right of defense, arranging the most appropriate defensive strategy to the specific case.
We have already dealt with several cases relating to Interpol.
Read our other articles on this topic:
- Interpol red notice suspension lawyer. The Interpol Commission accepts our defensive thesis;
- Interpol Red Notice Removal. How to delete it?
- Cancellation of the alert in the Schengen SIS II system: how to request it?
- Legal assistance lawyer in Italy.
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Our priority is to place the client at the center of our work, to take on their concerns and fears. Being subjected to an Interpol red notice is a disaster that involves the whole family, because it prevents the person from living a peaceful life, as a free person.
Over the years we have well understood this circumstance and it is therefore essential right from the start to establish a relationship of trust with the client which is embodied in:
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