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  • Shahid Bolsen

Interpol notice review developments

This is an important development.

Interpol has refused to issue a Red Notice against Indian businessman Vijay Mallya, saying that there is insufficient evidence against him, and that, because the allegations involve financial irregularities, they would need to hear from Mr. Mallya first before they could proceed.

Interpol is not an investigative body, they do not determine the strength or weakness of evidence; so this is quite unusual. And we have dealt with several cases involving allegations financial irregularities in Red Notice applications by the UAE where Interpol did not hesitate to accept the applications.

We wrote earlier that Interpol has begun to receive funding from the private sector, and about how this could potentially impact their handling of financial cases involving those connected to their own financiers; we hope that Interpol's unusual response to India's Red Notice request is not due to a financial conflict of interests; and that it reflects a new procedure for dealing with such cases.

The UAE has intensified its use of Interpol as an instrument for debt collection, and Detained in Dubai has successfully had many Red Notices annulled because the cases were private in nature, and did not fall within the parameters of Interpol's mandate. The Mallya case sets an important precedent, and empowers us to fight Red Notices with new arguments. Interpol can no longer accept applications for a Red Notice for cases involving allegations of financial irregularities in which 1.) there is insufficient evidence; 2.) Interpol has not contacted the alleged offender, and 3.) no extradition request is pending.

Nearly all of the cases we have successfully resolved in the past fit these conditions, but, in the past, these conditions were not considered. With the Mallya case, Detained in Dubai is now in an even stronger position to defend clients against Red Notices being irresponsibly issued upon the request of the UAE.

If you are currently facing a Red Notice, or suspect that you may be, we invite you to utilise our expertise in this area.

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