HomeExclusion of Personal Data from INTERPOL System: Defense of a Minor from Cambodia Granted Asylum in Thailand
Case Facts
Our client, a Cambodian national, became the subject of an INTERPOL international notice at the initiative of Cambodian law enforcement authorities. The allegations concerned involvement in fraudulent real estate operations, allegedly committed as part of an organized crime group in Phnom Penh. According to the accusation, the client was involved in establishing a fictitious real estate company that deceitfully collected advance payments from land buyers without legal grounds. The reported damage amounted to approximately 2.8 million baht; however, the international notice documents mentioned an episode with damages of only 180,000 baht.
A critical factor was that our client was under 18 years old at the time of the alleged events. Subsequently, he moved to Thailand, where he was granted official status as an unaccompanied minor refugee under international conventions on child protection. Thai immigration authorities provided him with a special protective status for a five-year period, granting rights to education, medical care, and protection from forced deportation.
Prosecution Strategy
Cambodian investigative authorities insisted that the client played an active role in the activities of a criminal organization specializing in land fraud. According to their claims, he acted as a liaison between potential buyers and the leaders of the group, using his bank accounts to accumulate and redistribute funds obtained illegally.
The prosecution classified his actions as a serious property crime committed as part of an organized group, which under Cambodian criminal law could result in imprisonment for up to 15 years. The Cambodian side actively sought to include the client in international databases and pursue his extradition for a full investigation and trial.
Comprehensive Defense Strategy and Legal Grounds
Our legal team developed a multi-level defense strategy aimed at complete removal of the client’s data from INTERPOL systems. The appeal to the Commission for the Control of INTERPOL Files (CCF) was structured around the following key arguments:
- Lack of specificity of criminal actions: a detailed analysis of the accusations revealed critical gaps in describing the client’s actual role in the alleged criminal scheme. The charges were limited to general statements about his use of a bank account, without providing evidence of his knowledge of the criminal nature of the operations or active involvement in planning fraudulent activities.
- Violation of juvenile justice principles: at the time of the alleged acts, the client was a minor, requiring application of special standards of proof and procedural guarantees. Cambodian authorities did not consider his age and failed to apply the rehabilitative approach provided by international child rights conventions.
- Existence of international protective status: Thai authorities officially recognized the client as an unaccompanied minor refugee in need of special protection. This status was granted based on documented threats to his safety if returned to Cambodia and excludes the possibility of forced deportation or extradition.
- Procedural violations in notice materials: the international request contained substantial inconsistencies with INTERPOL requirements, including inaccuracies in the factual description of the case, lack of translations of key documents into official INTERPOL languages, and non-compliance with evidentiary standards.
- Violation of proportionality principle: given the minor amount of damage indicated in the international notice, the minor age of the suspect, and absence of evidence of a leading role in the criminal group, the use of international cooperation mechanisms was disproportionate.
- Inability to achieve notice objectives: the protective status in Thailand makes extradition legally impossible, depriving the international notice of practical significance and turning it into a tool of psychological pressure on the minor refugee.
Review Procedures and Expert Assessment
The CCF conducted a thorough examination of the submitted materials, including expert opinions on juvenile justice, documents confirming refugee status in Thailand, and analysis of the compliance of the Cambodian request with international child protection standards. Special attention was given to assessing potential risks to the client’s physical and psychological safety if returned to Cambodia.
The Commission also requested additional information from Thai authorities regarding the procedure for granting protective status and non-deportation guarantees, and consulted international experts on the protection of child refugees’ rights.
Positive Decision of the Commission
After a thorough review of all submitted materials, the Commission concluded that the client’s data should be completely removed from INTERPOL systems. The decision was based on the following findings:
- The description of the alleged acts does not contain sufficient specificity regarding the client’s personal involvement and does not meet the evidentiary standards required for international cooperation;
- The minor age of the suspect at the time of the acts combined with his current refugee status makes international notice inappropriate and potentially harmful to his development and rehabilitation;
- Processing personal data of an unaccompanied minor refugee in INTERPOL systems violates fundamental principles of child protection and contradicts Articles 10, 12, 35, and 99(2) of the INTERPOL Data Processing Rules;
- The practical purpose of the international notice – extradition of the suspect – cannot be achieved due to existing legal restrictions, making retention of the data unreasonable.
Final Outcome and Significance
As a result of the positive decision, all data concerning our client was fully removed from INTERPOL information systems, with immediate termination of access for all member countries. This decision is binding and cannot be reviewed without new substantial circumstances.
Practical Conclusions and Recommendations
This case represents an important precedent in protecting minor refugees from improper use of international notice systems. The success of the defense strategy demonstrated the critical importance of:
- Timely identification of procedural violations in international notice materials;
- Comprehensive application of international law norms for child protection;
- Effective cooperation with national authorities regarding protective status;
- Professional analysis of the proportionality of applied international cooperation measures.
When facing similar circumstances, it is crucial to promptly consult qualified specialists in international law and INTERPOL procedures. Special attention should be given to cases involving minors and individuals with protective status, as they require specialized legal standards and may serve as grounds for complete cessation of international prosecution.
Timely and competent legal intervention can not only prevent unlawful extradition but also ensure long-term protection from politically or economically motivated prosecution, especially for the most vulnerable individuals.
