Our legal team identified serious violations in the use of Interpol’s system during Kazakhstan’s request for a Red Notice in connection with the Astana LRT case. By exposing these irregularities, we successfully contested the notice, ensuring that our client avoided unlawful prosecution and regained full protection of his rights.
The Facts
On 30 July 2019, Kazakhstan declared the former head of the Astana LRT company internationally wanted, leading to the issuance of an Interpol Red Notice.
In December of the same year, a former deputy chairman of the board of JSC “Kazakhstan Engineering” was also placed under search.
The Red Notice created significant restrictions and exposed the client to unlawful persecution despite the questionable grounds of the accusations.
The Interpol Law Firm arguments
Our lawyers conducted a thorough review of the case materials and discovered violations of Articles 12 and 35 of Interpol’s Rules, specifically concerning the improper processing of case-related data.
These violations undermined the legitimacy of the Red Notice and demonstrated that the request failed to comply with Interpol’s norms, standards, and procedures.
A preventive application was filed with the Commission for the Control of Interpol’s Files (CCF), detailing the breaches and requesting cancellation of Kazakhstan’s international search request.
The Commission’s findings
The CCF carried out a comprehensive investigation into the facts of the case.
It was confirmed that Interpol’s rules on data processing had been disregarded, casting doubt on the decision of the General Secretariat to issue the Red Notice at the request of Kazakhstan’s NCB.
The Commission recognized the inconsistencies and the distortion of factual circumstances presented in the request.
The Outcome
The request from Kazakhstan’s NCB was rejected following the Commission’s review.
The international search was suspended due to unreliable case circumstances and misrepresentation of facts.
The Red Notice was ultimately lifted, securing a fair resolution in favor of our client and preventing further unlawful prosecution.