Removal of personal data from the INTERPOL database.

Our client is a citizen of the Lebanese Republic and was the head of a company engaged in waste collection and disposal activities in the Republic of Armenia. At the initiative of the new municipal authorities of Yerevan, tax inspections were conducted in relation to the company, resulting in the initiation of several criminal proceedings. These proceedings effectively paralyzed the company’s further operations. Anticipating a real risk of unlawful criminal prosecution against him, the company’s director was forced to leave Armenia. In order to protect their investments, the company’s representatives brought a claim against the Republic of Armenia before the International Centre for Settlement of Investment Disputes (ICSID), an institution of the World Bank Group. Following the filing of that claim, criminal proceedings were initiated against the company’s director on allegations of fraud, and he was placed on an international wanted list through INTERPOL channels. Fearing possible arrest, our client was forced to significantly restrict his international travel. In particular, he was unable to travel to give evidence in the ICSID arbitration proceedings. While representing our client’s interests in Armenia, the lawyers were able to document a number of violations of his rights, as well as significant violations of criminal procedural law. On behalf of the client, the lawyers submitted an application to the Commission for the Control of INTERPOL’s Files (CCF), requesting the deletion of the international wanted-person data initiated by Armenia in respect of him. Having examined the application and the evidence submitted by the lawyers, the Commission concluded that the information transmitted by the National Central Bureau (NCB) did not sufficiently demonstrate the criminal character of the case. Accordingly, the Commission found that the conditions for the publication of a Red Notice, as set forth in Article 83(1)(a)(i) of INTERPOL’s Rules on the Processing of Data (RPD), were not met in this case. As a result, the Commission decided that the challenged data were not compliant with INTERPOL’s rules applicable to the processing of personal data and that they should be deleted from INTERPOL’s files.