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Ablyazov vs INTERPOL Case: Red Notice and Political Persecution

The INTERPOL notices system was created to facilitate international criminal cooperation. However, there are multiple cases in which authoritarian governments have used it to persecute political dissidents, businessmen in conflict with power, journalists and even human rights defenders. The case of Mukhtar AblyazovKazakhstan's former energy minister, is one of the most notorious and best documented.

This article discusses in detail the context of this case, the irregularities observed, the decisions of the INTERPOL Commission for the Control of Files (CCF) and the practical effects for legal professionals working in the area of International Criminal Law and protection against abusive alerts.

Who is Mukhtar Ablyazov?

Mukhtar Ablyazov was a senior government official in Kazakhstan and later president of the Kazakhstan Bank of Finance. BTA Bankone of the largest financial institutions in the country. After breaking with the then president Nursultan NazarbayevAblyazov became a political opposition figure and began to denounce acts of corruption by the Kazakh regime.

Shortly thereafter, the Government of Kazakhstan initiated a series of criminal proceedings for alleged financial crimes against him, requesting his international detention through an international INTERPOL Red Notice.

The political use of Red Notification

The red notice issued against Ablyazov was promoted by his country, but also by Russia and UkraineThe strategy was to increase the pressure on Ablyazov through multiple simultaneous criminal proceedings and the use of the INTERPOL system to target Ablyazov. The strategy was to increase the pressure on Ablyazov through multiple simultaneous criminal proceedings and the use of INTERPOL's system to prevent him from moving, block his assets and facilitate his arrest and extradition.

Among the most serious irregularities alleged in his defense were:

  • Lack of judicial independence in the countries that promoted the alert;
  • Criminal charges coinciding with his political role as an opposition politician;
  • Proven risk of torture or inhumane treatment in case of return to Kazakhstan;
  • Extradition requests processed in parallel by different countries to hinder his defense.

Intervention by INTERPOL's Commission for the Control of Files (CCF)

In 2017, following a formal request from its legal team, the Commission for the Control of Files (CCF) - INTERPOL's independent body responsible for ensuring that its rules are respected - issued a key decision:

Removes Red Notice issued against Mukhtar Ablyazov and determined that the request violated the principles of neutrality and protection of human rights provided for in INTERPOL's Constitution.

The central argument was that the persecution had a clear political meaningwhich expressly contravenes the Article 3 of INTERPOL's Constitutionwhich prohibits any intervention or activity of a political, military, racial or religious nature.

Practical implications of the case

The Ablyazov case sets an important precedent for the practice of international criminal defense:

  1. INTERPOL is not infallibleThe system can be manipulated by authoritarian states, even if it presents itself as a neutral entity.
  2. The CCF is a real defense channelDespite its limitations (it is not a judicial authority), it has proven to be effective in overriding irregular alerts.
  3. The combined use of international legal mechanisms is keyAblyazov's defense team combined proceedings before INTERPOL, European courts, asylum requests and pronouncements by human rights organizations.
  4. Documentation and legal arguments must be solid and strategic.The CCF requires clear evidence of political persecution, lack of judicial guarantees or risk of torture.

Recommendations for lawyers and people at risk

Some practical recommendations can be drawn from this case:

  • Always evaluate the political component in INTERPOL alerts.;
  • Advises in a timely manner on asylum or subsidiary protection applications if there is a risk of persecution;
  • Prepare a complete legal dossier to submit to the CCF: court rulings, NGO reports, international court decisions;
  • Maintain coordinated communication between law firms in different countries.especially if there are parallel proceedings in multiple jurisdictions.

Conclusion

The case of Mukhtar Ablyazov demonstrates that the INTERPOL system, although designed to fight transnational crime, can be used as a tool to combat transnational crime. tool for international political repression. It is not enough to rely on the good faith of member states; legal vigilance, technical expertise and expert and comprehensive defense are required.

Lawyers working in the field of International Criminal Law must be aware of these mechanisms and offer their clients effective protection against abuses that can have very serious consequences for their freedom, their reputation and their lives.

Do you have a client with a political record in his home country? Has he been the subject of an international alert or is he facing a possible extradition request?

At Venfort LawyersWe have experience in representing complex cases such as the one described above with favorable results.