Red Notice removal requests are often strengthened by collaborative efforts between the attorney who is preparing the removal request and the attorney who represents or represented the client in the country where the notice was issued.
The case of a recent client highlights the benefit of international collaboration between attorneys when a client is facing an INTERPOL Red Notice. We were successful in removing a client’s Red Notice for a case that was filed in Belgium after being investigated primarily in India. Our success was due in part to the fact that our client agreed to take a comprehensive approach to his case and engage local counsel in Belgium; our client’s Belgian attorney, Hans Van de Wal, provided support for the elements of our case that required a thorough understanding of Belgian criminal law from the perspective of an experienced, local attorney.
When reviewing the case of a Red Notice subject to determine whether a viable claim for removal of the Red Notice exists, multiple aspects of the underlying criminal case must be considered, including questions of domestic law, such as:
- Were any laws violated in the country where the underlying criminal case was filed?
- If so, what evidence exists of those violations?
- Will the most efficient means of proving those violations include expert testimony, domestic attorney testimony, submission of domestic law articles, or a combination of these forms of proof, along with the evidence that was submitted in the court?
Even in cases where the client has been found guilty in domestic court, the attorney from that country can be instrumental in providing proof of the violations of due process and substantive legal provisions of the originating country, and that proof can form a basis for the removal of the Red Notice.
When attorneys utilize their strengths and areas of expertise to challenge a Red Notice, the client benefits from a thorough, comprehensive approach, thus increasing the likelihood of success with the CCF.
As always, thoughts and comments are welcomed.