Red Notice Law Journal

Red Notice Law Journal

Red Notices, International Extradition, and Perspective

INTERPOL’s Red Notices and requests for removal based on political motivation

By Michelle Estlund on Posted in INTERPOL's Tools and Practices, Politically Based Red Notices, Red Notice Challenges, Uncategorized

A attorney/reader recently sent in this question on the topic of publicly available information on Red Notices, in relation to an individual wanted by authorities in a particular country:

My question is whether there is any tabulation of Red Notices that have been revoked/rescinded because of the Article 3 political repression nature of the issuance. I am interested in the total overall and the specific number related to (X country) –for any recent time frame.

The reader refers to INTERPOL’s constitution, Article 3, which prohibits INTERPOL from becoming involved in matters of a predominantly political nature.

And the response is this: the general public does not have access to the precise number of Red Notices that have been removed from INTERPOL’s databases from any particular country or for any particular reason unless INTERPOL decides to publish that information. In some annual reports by the CCF, the Commission has released figures for the grounds raised in requests for removal of data, but those reports have not specified the countries from which relief was sought. It has released numbers of cases in which relief was sought from particular countries, but without knowing the total number of cases in which a Red Notice was issued, it is impossible to attach any statistical significance to the number of cases for which relief was sought.

Additionally, given that INTERPOL’s member countries do not have to publish the Red Notices within the public domain, there is no publicly available data on the total number of Red Notices that any particular  country has requested or received.

The takeaway: while we do have some information regarding the number and type of cases wherein individuals assert violations of Article 3 of INTERPOL’s constitution, it’s not enough to serve as meaningful evidence of trends in violations. However, INTERPOL does have the capacity to release figures on that topic, should it choose to do so, within the context of an annual report or in response to a request for information.

As always, thoughts and comments are welcomed.

Interpol and red notice for journalists- will the United States go the way of Turkey next?

By Michelle Estlund on Posted in INTERPOL's Tools and Practices, Member Country Activity, Uncategorized

It was with great dismay that I read this article . It seems that under the administration of Donald Trump, United States officials are now gathering intelligence on the public activity of journalists, bloggers, and other people that the administration considers to be influencers on matters of import to the Department of Homeland Security.

While obviously one hopes that this kind of activity is not for nefarious purposes, it’s not difficult to imagine that a president who has been so sensitive to criticism, as has Mr. Trump, could only be gathering this information for purposes of punishing, prosecuting, or targeting individuals who write information that is harmful to his ego, his policies, his desires, or simply his feelings.

Tyler Houlton, spokesman for the Department of Homeland Security, asserted in a tweet that the monitoring activity was simply standard procedure, and that any  suggestion otherwise was “fit for tin foil hat wearing, black helicopter conspiracy theorists.”

In other words, we’re crazy if we question this monitoring of the free press, despite the current political crackdown on journalists that we’ve seen around the world, particularly in Turkey, where the administration has utilized INTERPOL’s tools in the furtherance of its prosecution of journalists.

As always, thoughts and comments are welcomed.

 

 

 

INTERPOL’s Red Notice system- Turkey continues its attempts to use Red Notices as political tools against journalists

By Michelle Estlund on Posted in Member Country Activity, Politically Based Red Notices, Red Notice Challenges

A Turkish court has requested a Red Notice against reporter Can Dündar, the former chief editor of the Turkish newspaper Cumhuriyet. Authorities charged him with espionage in 2016, alleging that he disclosed state secrets in the course of his reporting.

As reported here, the Committee to Protect Journalists (“CPJ”) has criticized Turkey’s request as being politically motivated, and has also requested that INTERPOL deny the request.

The CPJ’s criticism comes at  a time when Turkey is on the defensive about many of its Red Notices and Red Notice requests, particularly those involving journalists being charged with terrorism, espionage, and similar charges based upon the content of their writings. INTERPOL is reportedly examining scores of Red Notices with the goal of weeding out politically motivated notices; this activity is being undertaken amidst the international community’s criticisim of Turkey’s recent INTERPOL abuses.

As INTERPOL’s efforts to investigate the subject notices were reportedly contemplated prior to November of 2017, it is reasonable to anticipate that significant progress should be made in advance of INTERPOL’s general assembly this year in Dubai from November 16-21.

And though it shouldn’t be necessary, it is also reasonable to expect that INTERPOL would make an unequivocal statement regarding its stance on the criminalization of responsible journalism, particularly in light of such activity in INTERPOL’s member countries such as Turkey, Azerbaijan, and Kazakhstan.

As always, thoughts and comments are welcomed.

 

INTERPOL and China- time is telling for Red Notices

By Michelle Estlund on Posted in Collateral Effects of Red Notices, INTERPOL's Tools and Practices, Member Country Activity, Uncategorized

Let’s start with the specific good news: Fair Trials International obtained the removal of a Red Notice for current leader of the World Uyghur Congress, Dolkun Isa, who fled China in the 1990s and was pursued by Chinese authorities through INTERPOL for charges that were widely viewed as being politically motivated.

Mr. Isa, a dissident from China,  was wanted for alleged terrorist activities, as reported here.  The Chinese government naturally disagreed with the decision, expressing its dissatisfaction here.

It is always welcome news to find that a victim of a politically motivated prosecution has succeeded in removing a Red Notice – it means his life can normalize a bit. He can travel without the worry of an INTERPOL-related detention; his financial activity is simpler and less scrutinized; and he can search for work without having to explain that, even though he is wanted by INTERPOL, he is a law-abiding citizen.

The fact that Mr. Isa’s noticed originated from China, and that INTERPOL removed it, is also good news for those who have wondered about the effect of INTERPOL’s new president on the organization’s decision-making process. INTERPOL’ current president is China’s Vice Minister of Public Security Meng Hongwei. He entered his position amid public concern about his commitment to preserving INTERPOL’s commitment to human rights. The concerns were not baseless, given China’s human rights abuse record. However, as reported here, while some observers believed that his position was more ceremonial and less influential over Red Notice issuance, others thought that Mr. Hongwei’s presidency was cause for alarm, given China’s human rights history.

The decision in Mr. Isa’s case demonstrates that the Commission for the Control of INTERPOL’s Files has both the willingness and the autonomy to issue decisions contrary to the desire of the Chinese government, irrespective of the organization’s leadership.

As always, thoughts and comments are welcomed.

INTERPOL’s CCF application for Red Notice removal and confidentiality – part two of two

By Michelle Estlund on Posted in INTERPOL's Tools and Practices, Red Notice Challenges, Uncategorized

In the last post, we began a discussion on the issue of confidentiality in requests for Red Notice removals to the CCF.

When a Red Notice subject requests removal of a Red Notice, he is obliged to explain to the CCF why he is entitled to relief, and that explanation often involves reference to illegal action taken by officials in the INTERPOL member country seeking to capture him.

Naturally, many Red Notice subjects who seek Red Notice removal have left behind not only a corruptly obtained criminal charge and corrupt local officials, but they have also left behind family and friends about whom they are concerned.  The Red Notice subjects are often reluctant to disclose information regarding corruption, because those same corrupt officials are also capable of taking action against the subject’s family or friends.

This is where the issue of confidential information in an application requires some thought and analysis.

The CCF advises as to confidentiality issues on INTERPOL’s website, and confirms that all requests are confidential, and will not be recorded in INTERPOL’s databases, or be used to assist in international police searches. It clarifies, however, that:

The Commission may nevertheless need to communicate some information to the INTERPOL General Secretariat or the National Central Bureaus in order to obtain information, which is necessary for the processing of a request.

Experience tells us that the CCF can and does reach out to National Central Bureaus (NCB’s), and not only to verify court rulings and case status. There are also times when the CCF explains in some detail the arguments that have been asserted by Red Notice subjects in an effort to learn the NCB’s perspective on those matters. Obviously, some Red Notice subjects would prefer for such arguments, and the evidence offered in support of those arguments, NOT to be brought to the attention of the NCBs. For example, if a subject has fled a country where a bogus criminal charge has been filed as the result of political persecution, that subject would be reasonable to believe that the persecutors, who are connected with law enforcement officials, may also persecute their family members. In this situation, a subject has to make the difficult decision to disclose information and request heightened confidentiality, while also possibly risking a negative effect on the CCF’s review of the matter, as addressed by the CCF here:

However, any item of information specifically identified by the Applicant as confidential will not be communicated. This may be detrimental to the Applicant, as it restricts the Commission’s ability to fully process a request.

Therefore, in such instances when a subject does request heightened confidentiality, the subject must rely on the CCF’s request chamber members, all of whom are attorneys, to evaluate the application based upon the evidence submitted, with an eye toward individual protection and and the ability to appreciate the very real dangers that can accompany a request for protection to the CCF.

As always, thoughts and comments are welcomed.

 

INTERPOL’s CCF application for Red Notice removal and confidentiality – part one of two

By Michelle Estlund on Posted in Collateral Effects of Red Notices, INTERPOL's Tools and Practices, Red Notice Challenges

Why would a Red Notice subject want a request for removal of that notice to remain confidential? If you were a wanted person who was innocent, wouldn’t you want to shout it from the rooftops, for everyone to hear? The answers to these questions are more nuanced than one might initially think.

By the time most Red Notice subjects seek assistance with the removal of a Red Notice, they have already endured multiple, ongoing hardships. They have often faced false or inflated criminal charges in jurisdictions where a fair trial is unattainable. Sometimes they have had civil disputes that became criminal because their opponent bribed local officials. Other times, they were charged criminally because they opposed the ruling political party in some way.

Very frequently, they say at some point during our initial meeting, “I know this sounds crazy, but…”

And the fact of the matter is, it doesn’t sound crazy. There is almost a recipe for every type of false or inflated charge that is prosecuted. That recipe almost always includes more than one person in power with an agenda that includes, or requires, the maintenance of criminal charges against individuals who would serve as obstacles to their goals. It may be as simple as a local police officer and prosecutor who filed a criminal complaint after being bribed. It may be as complicated as an entire national administration dedicated to keeping an oligarchy in power.

Regardless of the corruption model, a Red Notice subject often fears retribution when seeking relief from an improperly issued Red Notice. Even though the subject himself may have escaped an unsafe venue, he often has the worry of the family and business associates he left behind. It is not at all unusual for remaining family and associates to be harassed and intimidated by authorities, both officially and unofficially.

For these reasons, Red Notice subjects are often extremely concerned about confidentiality in their requests for relief to the CCF.

Submitting a request for relief to CCF requires a showing of violations of rule and law, which may require a showing of information that could endanger people back home. While the CCF’s rules do provide for confidentiality, there are situations where the CCF may wish to verify information with the country that requested the notice in the first place. Accordingly, applicants often have to decide whether to send the CCF information that would assist their cases, or to keep that information private in the interest of family safety.

In the next post, we’ll look at the issue of absolute confidentiality in the context of a request for relief to the CCF.

As always, thoughts and comments are welcomed.

The CCF uses tough love on INTERPOL’s National Central Bureaus

By Michelle Estlund on Posted in Collateral Effects of Red Notices, INTERPOL's Infrastructure, INTERPOL's Tools and Practices, Member Country Activity, Red Notice Challenges, Uncategorized

Under the leadership of its current Chairman,  Vitalie Pirlog, the Commission for the Control of INTERPOL’s Files (“CCF”) has proven in this year’s decisions that it is serious about holding National Central Bureaus to their obligations under INTERPOL’s rules.

In his speech at this year’s General Assembly, Chairman Pirlog reminded INTERPOL’s membership that the CCF often seeks information from their National Central Bureaus (“NCBs”). These responses are essential to the CCF’s ability to make decisions about requests for removal of Red Notices from the requesting country. Mr. Pirlog reminded member countries that timely responses were particularly important, given the CCF’s new statute that generally requires a response to be issued within four to nine months.

INTERPOL has always provided the required assistance to its members’ NCBs, but historically, the NCBs have not always been strictly observant of their duties to provided requested information, or to provide it timely. The CCF has apparently had enough of that, and is holding the members countries’ NCB’s feet to the fire.

Based on the CCF’s decision letters that have been received by this practitioner, it is clear that:

  • The CCF is generally adhering to the new time limitations for issuing decisions, with some decisions being issued even earlier than required;
  • The CCF is demanding cooperation from National Central Bureaus, and when they do not respond in a timely fashion, the CCF is proceeding to make a decision based on the information it has, rather than waiting or continuing the matter until the NCB provides a full response; and
  •  The decisions being issued by the CCF are generally accompanied by a reasoned explanation, detailing the Commission’s steps and considerations taken in reaching its decision.

These factors are critical to the CCF’s efforts at demonstrating transparency, and allow applicants to both appreciate the nature of the process, as well as to recognize that they were given a “fair shake” in INTERPOL’s processes. One would hope that the more lax NCBs recognize the shift in culture at the CCF, and become more compliant as a result. Whether they do or not, the CCF will benefit from the fact that it is protecting INTERPOL’s interests in transparency and the furtherance of human rights.

As always, thoughts and comments are welcomed.

Turkey continues to challenge INTERPOL by abusing its Red Notice system

By Michelle Estlund on Posted in Collateral Effects of Red Notices, INTERPOL's Tools and Practices, Member Country Activity, Uncategorized

Last month, a Swedish journalist of Turkish descent, Hamza Yalçin was finally released from detention in a Spanish jail awaiting an  extradition decision. Turkey has requested and received an INTERPOL Red Notice based upon an underlying charge of “terrorism” and insulting the Turkish president.

If he had been extradited, Mr. Yalçin would have faced over 22 years in prison for insulting the president of Turkey.  The journalist reportedly received asylum from Sweden many years ago based on his previous political activity in Turkey.   The facts that Mr.  Yalçin is a journalist and that he is an asylee from Turkey both render the Red Notice against him rather curious: INTERPOL has a policy in place that was enacted for the purpose of protecting asylees from further political persecution by the countries from which they fled, and notices against journalists are often requested based on their criticism of the requesting regime.

This is not the first time that Turkey has utilized its access to INTERPOL’s tools to aid in the prosecution of a journalist.  Earlier this year, German Chancellor Angela Merkel noted that Germany has had to modify its policies in dealing with Turkey, and that such abuses against journalists and critics cannot be tolerated.

Yalçin was released late last month, but not because the Red Notice was dropped: he reportedly was released because Spanish law did not allow for the extradition of  an asylee.

INTERPOL has an opportunity to highlight its commitment to human rights by subjecting Turkish Red Notice requests to additional scrutiny before issuing them, particularly where the subject is an author or journalist.

As always, thoughts and comments are welcomed.

INTERPOL and child kidnapping cases- what are INTERPOL’s abilities and limitations?

By Michelle Estlund on Posted in INTERPOL's Tools and Practices, Red Notice Challenges

A reader recently contacted Red Notice Law Journal to inquire about INTERPOL’s role in child kidnapping cases. This question  is unfortunately more common than one might imagine, and is likely to become more so as we continue to evolve into a more and more transient world.

INTERPOL’s involvement in child kidnapping, or abduction, cases, primarily involves Red Notices for the person accused of wrongfully taking the child out of an INTERPOL member country, and Yellow Notices for the child who is thought to have been wrongfully taken.

A Red Notice is issued when a person is wanted for a crime. This means that, until an arrest warrant (or its equivalent) for a criminal act has been issued for a person accused of kidnapping a child, INTERPOL cannot be used to assist in finding the accused person.

A Yellow Notice is issued for missing persons who have been kidnapped or have disappeared without explanation. No criminal charge is necessarily required for this type of notice to be issued regarding a missing child. For parents seeking the whereabouts of their children, even if there is no actual criminal charge pending against anyone for taking the child, a Yellow Notice may be requested through local law enforcement authorities.

Certainly, there are times when a Red Notice is improperly requested by a parent with the assistance of local law enforcement, often when a custodial parent has moved in compliance with a court order out of the country. In such instances, local law enforcement and INTERPOL may have no way of knowing that the Red Notice request was improperly requested until the custodial parent learns of the notice and informs INTERPOL of the actual nature of the case.

As always, thoughts and comments are welcomed.

INTERPOL and security checks from the U.A.E. and other Middle Eastern countries

By Michelle Estlund on Posted in Collateral Effects of Red Notices, INTERPOL's Tools and Practices, Member Country Activity

We continue to receive reports, like this one, of individuals who are wanted in the United Arab Emirates or other areas in the Middle East, for bounced security checks. I addressed the basics of this issue in a previous post, here.  At the time, it appeared that efforts to bring this matter to the forefront, led by multiple attorneys such as Radha Stirling and those at Fair Trials International, would lead to a resolution of these types of notices. While we have all had success in handling the Red Notices stemming from bounced security checks, here we are several years later with this issue is still lingering, causing incredible hardships for the subjects of the Red Notices.

The use of security checks in the Middle East

In many countries in the Middle East, where established credit verification mechanisms are still in development or are not widely used in the same manner as other parts of the world, financial institutions require the individual seeking the mortgage loan to execute an undated security check in the full amount of the mortgage. It is understood by all parties that the borrower does not have the full amount of the check in the bank.  If the mortgage payment is missed, the financial institution will deposit the check, which will “bounce,” or be returned for insufficient funds, and the institution will then foreclose on the property.

However, it also eventually became the practice of many financial institutions in the Middle East to also refer the check to the local police for criminal prosecution, despite the lack of evidence of any fraudulent or criminal intent. The property is then reverted back to the financial institution’s possession. If the borrower is not in the country, a Red Notice is often requested to aid in criminal prosecution.

As a result of this practice, many foreign nationals who are relocated by their employers, or who are forced to leave the country when they lose their jobs, and thus their legal status, find themselves in the situation where they no longer have the income that allowed them to qualify for the mortgage loan, and can no longer legally live or work in the country, but are being pursued for criminal charges that they have no way of resolving.

Request to INTERPOL for a policy statement

Earlier this month, I made a request for a policy statement on this issue to INTERPOL. The request was acknowledged and we now await the statement. It is important that INTERPOL issue a public statement regarding its stance on this issue, lest private financial institutions continue utilizing even the threat of INTERPOL involvement in cases where such involvement is improper.

It is critical for both INTERPOL and its member countries that INTERPOL’s tools not be used for improperly based charges, and that INTERPOL be utilized as an effective law enforcment organization, rather than a debt collection agency for certain member countries.

As always, thoughts and comments are welcomed.