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Legal Minds

3 June 2020 / by / in

Bivonas Successfully Apply for Removal of INTERPOL Red Notice

Bivonas successfully applied to INTERPOL for the removal of a Red Notice (please click here for more on Interpol Red Notices) obtained against a senior banking official by a foreign Government.

Bivonas argued that the use of the Red Notice procedure in this particular instance breached

INTERPOL’s constitution in three key respects, namely:

  • It breached Article 3 in that it was “politically motivated” having been obtained by the Government of the requesting state in relation to civil litigation instigated by a former state-owned bank;
  • It breached Article 31 because the requesting state had failed to co-operate diligently with both Interpol and the state where the client resided;
  • It breached Article 83 because it related to a private dispute (in this case civil litigation) which had been compromised and it was therefore illegitimate to use the red notice procedure for a collateral purpose.

The case demonstrated that INTERPOL are not prepared to allow their procedures to be used as leverage in international civil litigation.

Bivonas have extensive experience of representing foreign nationals facing extradition and
challenging the use of red notices.

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Steve is a highly experienced criminal lawyer specialising in white collar and business crime for over 25 years. He has defended in cases brought by the Serious Fraud Office (SFO), HM Revenue and Customs, Department of Business Innovation and Skills (BIS), the Economic Crime Unit (ECU), NHS Counter-Fraud Service and the Crown Prosecution Service (CPS).