The Facts
Mr. S. is a famous Ukrainian businessman, who was charged on rather imaginative and illegal grounds with embezzlement of public funds in 2017. At the moment when the charges were made, Mr. S. was on a business trip abroad. After receiving information about illegal prosecution against him Mr. S. decided not to come back to Ukraine as he doubted he could face a fair trial at the moment.
In order to obtain an arrest warrant in court, the prosecutor, understanding that the evidence is quite poor, submitted to court so-called testimonies against Mr. S., provided by his former business partners, which were made under pressure and threat of illegal imprisonment.
In August 2018 a Red Notice regarding the Client was published by Interpol.
The Commission’s findings
The CCF has reminded that according to Article 2 of the Constitution of Interpol, the activity of Interpol is fulfilled in the spirit of the “Universal Declaration of Human Rights”. Meanwhile, illegal methods to gather evidence in the case which were used by the prosecutor are confirmed by the statements of Alexandr M. in his affidavit. Among other things, Mr. M. mentioned that he was threatened to be put in custody if he did not give the necessary testimonies. This indicates that the criminal prosecution at the national level did not meet the standards and principles of human rights.
The Extradition Lawyers arguments
Our lawyers requested the deletion of the data concerning the Client contending, among others, that:
- the national authorities falsified the evidence in the case, which is confirmed by affidavits provided to our lawyers by the witnesses in the case. In these affidavits, the mentioned persons confirmed that their testimonies to the prosecutor were given under pressure and they actually were forced to tell lies and slander our Client;
- the criminal prosecution at the national level has not met the standards and principles of human rights.
The Outcome (decision of the CCF)
In October 2019 the Commission held that the notice regarding our Client no longer meets the conditions for publishing a notice and according to Article 81 §3 (c) of the Rules, the notice shall be canceled.
