Summary of Facts:

Pancho Campo, Director of the Spanish Wine Academy and well respected master of wine discovered that he was convicted in absentia of commercial “Breach of Trust” in the UAE after a business dispute with his partner.

Campo and his partner, Jackie Wartanian operated an events management company in Dubai.  Wartanian accused Campo of misappropriating funds where Campo had only paid singer Enrique Iglasias what was agreed for his concert fees.

Pancho Campo returned to Spain in 2003, later discovering that he had been convicted in absentia, without having the opportunity to defend the action.

As if this wasn’t enough, a huge blunder was made when (probably through high ranking contacts) an Interpol red notice was issued as a result.  Pancho was suddenly included in a list of terrorists, murderers and other victims of the UAE’s misuse of Interpol membership.

Pancho resigned from his high ranking position at the Wine Academy in order to clear his name.  He has succeeded in his mission and exposed a faulty system in the process. 

Pancho should never have been placed on Interpol for Breach of Trust as this is not an Interpol recognised crime, raising the question of Interpol’s due diligence policy and whether there is one in existence.

UAE Legal System & Convictions in Absentia

The UAE judicial system still needs to develop extensively in order to catch up with Western systems.  Known problems:

-Heavily biased towards local Emiratis

-Easily open to influence through connections, corruption and bribery

-Justice is cost prohibitive with lawyers fees extremely high and no legal aid system

-Lawyers are fairly unregulated and the prevalence of “bad lawyers” who  occasionally show their faces at Court  impacts judicial fairness.

-Disputes that in Western societies are called “civil”, are often criminal in the UAE and warrant prison sentences, hefty fines, passport confiscation, deportation or in this case, convictions in absentia.

-Convictions in Absentia are commonplace & convictions are almost guaranteed

Interpol Misuse

-Interpol is a top 5 user of Red Notices

-Interpol does not authenticate the validity of a conviction

-Reduced evidence requirements in the UAE leads to increased likelihood of successful convictions

-Interpol red notices are often issued by the UAE, even where there is no intention to extradite or take legal actions when the person is apprehended

-Interpol notices are intended to be used as messages to other member countries to apprehend a convicted person on behalf of the UAE.  When the UAE is notified of an arrest, it should proceed with legal action in the arresting country to extradite the suspect.  However, we are seeing more and more issuing of red notices without following through to extradition, meaning the notices are being used vindictively to cause annoyance and reputation disturbance.

Victims of Interpol Misuse

With a trust based system and a lack of due diligence from Interpol’s end, we must ask why so much unquestioned power is given to countries with obviously developing legal systems and published cases of judicial abuse.

When someone is reported to Interpol, it impacts their lives in countless ways.  Not only is there the shock and distress that follows but there are actual damages.

Poncho Campo for suffered actual damages including damage to his reputation, resignation from his high powered position , extensive legal fees, travel inconveniences and related costs.  All of this was inflicted upon him as a result of the UAE’s misuse of Interpol.

In the West, we would file a claim for damages and compensation and hold someone accountable for this unforgiveable error.

We at best demand that Interpol review its relationship with the UAE and install tighter guidelines surrounding the issuance of red notices.

Countless Others

Detained in Dubai receives calls from countless foreigners who have been convicted unfairly or convicted in absentia.  Once convicted, it would be extremely costly and often purposeless to pursue  the possibility of clearing one’s name.  All we can advise is to discount judgments from the UAE.  We can’t take these convictions seriously until the UAE improves its judicial system to provide fair trials.

We would further like to see some changes in the laws to decriminalise “breach of trust” allegations, bounced cheques, business disputes and debt related incidents.

Al Gore Congratulations Pancho:

Contact us for further information or if you have your own Interpol issue you would like assistance with.