Interpol Data Deletion in a Theft Case: Russia–Hungary — Successful Removal from International Search
Background of the Case
The client was entered into Interpol’s international database following a request from Russian law enforcement authorities. The basis for the international search was an alleged theft committed in 2016 in the Leningrad Region of the Russian Federation.
An Interpol diffusion was issued against the client based on an arrest warrant granted by a Russian court. Despite the fact that the case concerned a minor property offense, the client’s data continued to be processed within Interpol’s systems, creating significant risks, including:
- detention abroad,
- extradition proceedings,
- restrictions on freedom of movement,
- complications with immigration status.
In light of these circumstances, the client filed a request with the Commission for the Control of Interpol’s Files (CCF), seeking the deletion of the data on the grounds of disproportionality and violation of the principles governing international police cooperation.
Position of the Requesting State
The Russian authorities argued that:
- a theft of construction equipment was committed in 2016;
- the alleged damage amounted to approximately 106,000 rubles;
- an arrest warrant had been issued in the case;
- the offense formally falls under criminal liability.
On this basis, the Russian Federation insisted on maintaining the Interpol diffusion in the organization’s database.
Legal analysis of the successful removal from the Interpol database: precedent of insignificance and statute of limitations
In this case, the defense built a comprehensive strategy based on several fundamental legal aspects. The main focus was placed on proving the lack of interest for international search. The lawyers emphasized that the alleged act was a minor property offense, non-violent in nature, not connected to organized crime, and the amount of damage caused was minimal.
The key factor in the defensive position was the decision of the Hungarian court. In 2022, the client was detained on Hungarian territory; however, his extradition was officially denied. The court determined that the statute of limitations for the case had expired, making further criminal prosecution legally impossible. Based on this, the defense argued the clear disproportionality of the measures taken: the international search for a minor episode from 2016 was deemed excessive, formalistic, and repressive in nature, contradicting the very goals of international cooperation.
The legal position of the Interpol Commission
The Interpol Files Control Commission, having thoroughly analyzed the circumstances, fully agreed with the defense’s conclusions. During the assessment, it was confirmed that the crime does not fall into the category of serious offenses, the damage is minimal, and there is no public danger at the international level. The Commission placed particular importance on the fact of the statute of limitations and the previous refusal of extradition. In its official conclusion, it was noted that retaining information about the applicant in Interpol’s system violates the principles of necessity and proportionality, as this case does not hold interest for the international police community.
The final decision and its consequences
Based on the review results, the Commission determined that the processed information does not comply with the organization’s rules. Taking into account a combination of factors — the insignificance of the act, the expiration of the statute of limitations, and the refusal of a foreign state to extradite — further storage and dissemination of the data were deemed unjustified. The final decision was to completely delete information about the applicant from all Interpol files and to cease using international search mechanisms. This allowed for the full restoration of the individual’s rights to freedom of movement and eliminated the risk of repeated detention.
Conclusions and recommendations
The case under consideration serves as a clear example that Interpol cannot be used as a tool for prosecution in minor or outdated cases. A well-constructed legal position, based on the decisions of national courts and principles of international law, allows for effectively challenging even active “diffusions” and red notices.
In situations where an international search is initiated on formal grounds or in cases with expired statutes of limitations, it is critically important to promptly consult specialized professionals. An international-level lawyer will help assess the risks, prepare a well-reasoned appeal to the Commission, and achieve the complete removal of information from international databases, restoring a person’s right to a free life and movement.
