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OUR PEOPLE
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BABONNEAU & ASSOCIES brings together a team of experienced lawyers and experts in criminal law, led by Stéphane Babonneau and Eduardo Mariotti. Every week, our lawyers and associates work alongside our clients in courts, investigation services and detention facilities. NEWSROOM 
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Stéphane Babonneau -
Criminal Defense Attorney Interpol Law Expert Stéphane Babonneau is the managing attorney of the firm and a 15 years experienced criminal defence practitioner. After graduating from the Paris Institute for Political Studies and the Paris University, Stéphane joined the Beijing office of a leading international law firm where he worked for several years. After returning to France, he developed a unique experience in complex international criminal cases with a specific focus on the protection of human rights. For ten years, Stéphane has been acting for international clients from all over the world struggling with the devastating consequences of an abusive red notice. Over the years, he has acquired a very precised and detailed knowledge of the procedures followed before the Commission for the Control of Interpol’s files and helped dozens of clients get suspensions and deletions of an abusive red notice. |
WHAT IS AN INTERPOL RED NOTICE?
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Since 2016, the attorneys of BABONNEAn Interpol Red Notice is a request to locate and provisionally arrest an individual pending extradition.
The arrest can happen at any time in any of the member states, either travelling, crossing a border or at home. It is issued by the General Secretariat of Interpol at the request of a member country or an international tribunal based on a valid national arrest warrant. It is not an international arrest warrant. Interpol cannot compel any member country to arrest an individual who is the subject of a Red Notice. Each member country decides for itself what legal value to give a Red Notice within their borders. The Interpol Red Notice provide information about the identity of the individual wanted and the reason for which his arrest has been requested (court sentence, involvement in a criminal investigation etc.). |
WHO CAN BE SUBJECTS TO AN INTERPOL RED NOTICE?
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Since 2016, the attorneys of BABONNEAn Interpol Red Notice is a request to locate and provisionally arrest an individual pending extradition.
The arrest can happen at any time in any of the member states, either travelling, crossing a border or at home. It is issued by the General Secretariat of Interpol at the request of a member country or an international tribunal based on a valid national arrest warrant. It is not an international arrest warrant. Interpol cannot compel any member country to arrest an individual who is the subject of a Red Notice. Each member country decides for itself what legal value to give a Red Notice within their borders. The Interpol Red Notice provide information about the identity of the individual wanted and the reason for which his arrest has been requested (court sentence, involvement in a criminal investigation etc.). |
THERE IS A RED NOTICE AGAINST ME, AM I WANTED BY INTERPOL ?
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No, Interpol is not a police service, but an international organization created to allow police cooperation among its members. Interpol has no power to arrest an individual, only local police at the place where the individual is located have this power.
An individual targeted by an Interpol Red Notice is wanted in the country who requested the Red Notice diffusion not by Interpol. |
IF I AM ARRESTED BASED ON A RED NOTICE, WILL I AUTOMATICALLY BE EXTRADITED TO THE REQUESTING COUNTRY ?
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Not necessarily. The arrest is just the first step of the process. As mentioned before, the authorities in the country where the arrest is performed are the only one competent to decide if an extradition process appears justified.
Sometimes, an Interpol Red Notice will only imply significant delays and checks every time the scrosses a border. It can also leads to arrests and temporary detention either abroad or at home. In some cases however, the Red Notice will lead to an extradition to the requesting country. Decisions are taken based on the seriousness of the Red Notice but also on the level of cooperation between the requesting country and the arresting country. Therefore, the same Red Notice may not be considered in one country but lead to an extradition in another. Extradition are decided based on the applicable laws in the arresting country. |
HOW LONG INTERPOL RED NOTICES ARE KEPT ?
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Interpol Red Notices have a standard validity of five years, unless they are withdrawn earlier at the request of the country who asked for their issuance or upon a decision of the General Secretary.
The duration of validity can be extended at the request of the country who issued the Red Notice, for example if the individual wanted has not been arrested. This is why it is not possible to assume that because five years have passed, an old Red Notice is not valid anymore. |
HOW CAN I KNOW IF I AM TARGETED BY AN INTERPOL RED NOTICE ?
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Except in the extreme case of an arrest it is usually hard to find out if one is targeted by an Interpol Red Notice.
Some information about most prominent Interpol Red Notices are published on Interpol’s website but most of them remain confidential until they are executed. Article 18 of the Interpol's Rule on the Processing of Data (RPD) stipulates that any person or entity shall be entitled to submit directly to the Commission for the Control of INTERPOL’s Files a request for access to, or correction and/or deletion of the data processed in the INTERPOL Information System concerning that person or entity. We regularly assist clients who want to find out or to confirm whether a red notice has been issued against us. In that case we file a petition on behalf of our client, requesting access to his personal data kept in Interpol's Information System. The length of the procedure is approximately two months. |
IS IT POSSIBLE TO CHALLENGE AN INTERPOL RED NOTICE AND ASK FOR ITS REMOVAL/DELETION ?
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Yes, Interpol’s regulations allow for anyone targeted by a Red Notice to ask for its deletion.
The body in charge of assessing the validity of the request is the Commission for the Control of Files (CCF). The proceedings are complex and may last long. The process involves an assessment of the Red Notice based on the criteria set forth by the Article 83 of the Interpol’s Rules On the Processing of Data. In general, an Interpol Red Notice is valid if the following cumulative criteria are met:
An Interpol Red Notice may not be published for the following categories of offences:
An Interpol Red Notice may also be deleted if it appears that the prosecution is politically motivated or in case it appears evident that, as per international standards, there are insufficient grounds for prosecution. |
CASE STUDY OF RECENT SUCCESSFUL RED NOTICE REMOVALS
Since 2016, BABONNEAU MARIOTTI has helped many individuals unfairly targeted by abusive red notices often issued in the requesting country for either political or economic reasons to obtain the deletion of their data from Interpol database.
We also helped many travellers who had reasons to believe they were targeted by a red notice, to check whether Interpol had circulated an arrest warrant against them.
You will find her after a short summary of our most recent cases and successes.
We also helped many travellers who had reasons to believe they were targeted by a red notice, to check whether Interpol had circulated an arrest warrant against them.
You will find her after a short summary of our most recent cases and successes.
IRAN
Our client, an experienced businessman, was accused by the Iranian government of a breach of the national foreign exchange regulations as well as of sabotaging the Iranian economy.
We demonstrated that the accusation was mainly motivated by political grounds and that the behaviour targeted by the Iranian government was legal everywhere else in the world.
We also evidenced that our client would be exposed to corporal punishments and an exceptionally severe detention regime should he be sent back to Iran.
The CCF ordered the deletion of the red notice.
Duration of the procedure : 8 months
We demonstrated that the accusation was mainly motivated by political grounds and that the behaviour targeted by the Iranian government was legal everywhere else in the world.
We also evidenced that our client would be exposed to corporal punishments and an exceptionally severe detention regime should he be sent back to Iran.
The CCF ordered the deletion of the red notice.
Duration of the procedure : 8 months
DUBAI
Our client, a Lebanese business man, was wanted by Dubai authorities for an unfunded check. The check was given as a collateral and cashed by his counterpart after a dispute arose between them.
We demonstrated to the CCF that the case was of commercial nature and not criminal and that it originated from a dispute regarding the execution of a contract, hence a red notice could not be issued for this kind of case.
The CCF concurred with us and ordered the deletion of the red notice.
Duration of the procedure : 6 months
We demonstrated to the CCF that the case was of commercial nature and not criminal and that it originated from a dispute regarding the execution of a contract, hence a red notice could not be issued for this kind of case.
The CCF concurred with us and ordered the deletion of the red notice.
Duration of the procedure : 6 months
IRAN
Our client, an experienced businessman, was accused by the Iranian government of a breach of the national foreign exchange regulations and sentenced to 20 years in prison.
Because our client was facing imminent extradition to Iran in the country where was located, we successfully filed an urgent request to obtain interim measures from the CCF to suspend the Iranian red notice.
After the red notice was suspended, we demonstrated that the information provided to Interpol in the red notice was inaccurate. We also raised the fact that the client would be exposed to the death penalty should he be sent back to Iran.
After receiving our petition, the CCF ordered the deletion of the red notice.
Duration of the procedure : 3 months for the suspension of the red notice and 8 months for its the deletion
Because our client was facing imminent extradition to Iran in the country where was located, we successfully filed an urgent request to obtain interim measures from the CCF to suspend the Iranian red notice.
After the red notice was suspended, we demonstrated that the information provided to Interpol in the red notice was inaccurate. We also raised the fact that the client would be exposed to the death penalty should he be sent back to Iran.
After receiving our petition, the CCF ordered the deletion of the red notice.
Duration of the procedure : 3 months for the suspension of the red notice and 8 months for its the deletion
IRAN
Our a client, an experienced businessman was accused by the Iranian government of money laundering and fraud.
We demonstrated that the accusation was mainly motivated by political grounds and that the industry in which the client was involved was controversial in Iran but was legal in most parts of the world.
We also demonstrated that our client would be exposed to corporal punishments and even to death penalty should he be sent back to Iran.
The CCF ordered the deletion of the red notice.
Duration of the procedure : 8 months
We demonstrated that the accusation was mainly motivated by political grounds and that the industry in which the client was involved was controversial in Iran but was legal in most parts of the world.
We also demonstrated that our client would be exposed to corporal punishments and even to death penalty should he be sent back to Iran.
The CCF ordered the deletion of the red notice.
Duration of the procedure : 8 months
CHINA
Our client, a Canadian businessman, emigrated to China where he set up a company with a local partner. A dispute started regarding the management of the company, leading our client’s partner to abusively press charges against him for a list of alleged economic crimes in order to force him to abandon his equity in the company.
Our client had to leave China on a short notice or face an arrest there and was, subsequently, targeted by a red notice issued by the PRC.
Our client wanted to travel to France with his family but wanted reassurance that he would not be arrested should he attempt to cross French borders.
We ensured that the red notice issued at the request of China against our client was not registered in the French database of wanted persons, hence allowing our client to safely travel to France with his family and avoid arrest.
Duration of the procedure : 3 weeks
Our client had to leave China on a short notice or face an arrest there and was, subsequently, targeted by a red notice issued by the PRC.
Our client wanted to travel to France with his family but wanted reassurance that he would not be arrested should he attempt to cross French borders.
We ensured that the red notice issued at the request of China against our client was not registered in the French database of wanted persons, hence allowing our client to safely travel to France with his family and avoid arrest.
Duration of the procedure : 3 weeks
PAKISTAN
Our client, a businessman from Pakistan, was targeted in this country by a red notice due to his political affiliation.
Our client wanted to travel to France with his family but wanted reassurance that he would not be arrested should he attempt to cross French borders.
We ensured that the red notice issued at the request of Pakistan against our client was not registered in the French database of wanted persons, hence allowing our client to safely travel to France with his family and avoid arrest.
Duration of the procedure : 2 weeks
Our client wanted to travel to France with his family but wanted reassurance that he would not be arrested should he attempt to cross French borders.
We ensured that the red notice issued at the request of Pakistan against our client was not registered in the French database of wanted persons, hence allowing our client to safely travel to France with his family and avoid arrest.
Duration of the procedure : 2 weeks
WHY TRUSTING US ?
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Since 2016, BABONNEAU MARIOTTI has provided legal assistance regarding red notices removal to many clients from all over the world.
In most cases, our clients' security was at significant risk if they were extradited to the requesting country. Over the years, we have gathered extensive information about most of the countries that have abused Interpol red notices diffusions to targeted individuals for political reasons or who do not uphold basic human rights. We have also documented human rights violations in these countries based on solid and trustworthy sources and evidenced patterns of abusive use of red notices diffusions. Finally, we have kept a record of the successful applications we presented to the CCF and the kind of arguments that have led to a red notice deletion. This information allows us to build strong cases within a limited time frame and ensure that the petition for removal of an abusive red notice is quickly sent to the CCF. In case we believe, based on our experience, that the chances to be granted the removal of a red notice are too low; for example when the issuing country is deemed safe enough or when there are insufficient grounds to challenge the diffusion, we immediately inform our clients before accepting the assignment. This allows them to consider alternative options and avoid a waste of time and unnecessary legal fees. We only initiate a procedure of deletion of a red notice when we believe that our client has reasonable chances of success based on our experience and evidence. After we accept a new assignment, a case partner in charge is appointed, assisted by an experienced associate. At every moment of the procedure, this legal team remains available to answer our client's questions and keep him informed of the progress made. |
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BABONNEAU MARIOTTI - CRIMINAL DEFENCE ATTORNEYS
262 boulevard Saint-Germain
75007 Paris
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The reception takes calls without interruption from Monday to Friday from 8:00 a.m. to 8:00 p.m. and Saturday from 9:00 a.m. to 12:00 p.m.
Outside of office hours, in the event of a criminal emergency, a criminal attorney from the firm can be contacted via the form or at the email address below.
For absolute emergencies, a callback is generally guaranteed within 30 minutes.
Tél : 01 86 95 43 10
Fax : 01 86 95 43 11
Mail : [email protected]
262 boulevard Saint-Germain
75007 Paris
______________________________
The reception takes calls without interruption from Monday to Friday from 8:00 a.m. to 8:00 p.m. and Saturday from 9:00 a.m. to 12:00 p.m.
Outside of office hours, in the event of a criminal emergency, a criminal attorney from the firm can be contacted via the form or at the email address below.
For absolute emergencies, a callback is generally guaranteed within 30 minutes.
Tél : 01 86 95 43 10
Fax : 01 86 95 43 11
Mail : [email protected]