PRACTICE AREA

Extradition, Mutual Legal Assistance & Interpol

"They have done some of the most complicated extradition cases around."

CHAMBERS UK 2021

For over 20 years, Corker Binning has successfully defended many complex extradition cases.

We represent individuals whose extradition has been requested across a wide range of jurisdictions, including: Russia, Ukraine, Hong Kong, Singapore, Thailand, USA, Canada, South Africa, Gambia, Australia, New Zealand, Israel, India, Switzerland, Mexico, Ecuador, EU countries, and the UAE (Dubai and Abu Dhabi). The alleged offences range from business crime, fraud and corruption to the full range of criminal offences including espionage, murder, drug trafficking and robbery.

When our clients face a request for Mutual Legal Assistance (MLA) or an INTERPOL red notice, we have the knowledge and experience to assist them. We represent businesses and individuals, whether they are witnesses or suspects, in transnational criminal cases and international investigations.

We advise clients about their rights and obligations under MLA arrangements, how best to pre-empt risks and engage with investigating authorities. Our lawyers also advise numerous individuals in relation to INTERPOL Red Notices, which are issued at the request of an INTERPOL member country, indicating that it seeks the individual’s provisional arrest with a view to extradition. In extradition, MLA and INTERPOL cases, we have excellent contacts with leading local lawyers in other jurisdictions and work frequently with them to achieve the best results for our clients.

Extradition, Mutual Legal Assistance & Interpol Services

Our extradition lawyers have advised:

  • A British national sought by the Russian Federation in relation to an offence of money laundering said to have been committed as a result of bribery and corruption involving the shipping industry.
  • A Russian national sought by the USA in relation to income tax offences.
  • A Russian national of a company in the natural resources sector who, with our assistance, successfully persuaded the Russian authorities to withdraw the extradition request issued for him.
  • A businessman sought by the US authorities on allegations including drug trafficking after a high-profile DEA “sting” operation in East Africa.
  • UK companies and their directors concerning the risk of extradition arising from overseas criminal proceedings, including prosecutions concerning tax fraud in Italy, embezzlement in a Central Asian country and bribery in a Gulf State.
  • A banker sought by the US authorities who became the first person to be convicted and sentenced in relation to a fraud which precipitated the 2008 financial crisis: we assisted in negotiating his plea bargain and his extradition on favourable terms.
  • Shrien Dewani concerning the extradition request issued by South Africa on allegations including murder and kidnap, and providing assistance during his criminal trial in Cape Town.
  • A Russian female who successfully resisted her extradition to Russia on the grounds that extradition would be a breach of her Article 3 rights because of inhumane and degrading prison conditions.
  • An Indian national in his successful appeal to the High Court to overturn the decision of the District Judge. This case related to the so called Indian Naval War Room Leak.
  • A range of business people contesting Russian extradition requests in Cyprus, Italy and other EU states, working closely with local lawyers in these jurisdictions.
  • The former Prime Minister of Thailand, Thaksin Shinawatra.
  • Two UK nationals sought by Dubai and Abu Dhabi: extradition refused for both because the UAE had failed to demonstrate a prima facie case.

 

Our lawyers have advised numerous individuals in relation to INTERPOL red notices, including:

  • A number of businesspeople whose red notices were removed because INTERPOL accepted that the criminal proceedings were based on politically motivated charges in Russia and other CIS countries.
  • In 2018, we used independent expert evidence concerning recent events in Bahrain to make successful representations concerning the removal of a red notice for a New Zealand national who worked in academia.
  • A Turkish national who successfully used the determination of asylum by the UK Home Office as the basis for removing his red notice.
  • A Russian national who applied successfully to remove a red notice arising from his conviction in the military courts of Uzbekistan on the basis of concerns about the fairness of the trial proceedings.
  • An Irish national who, in 2018, used his successful defence of a Russian extradition request to defeat his red notice on the basis that it failed to comply with Article 2 of Interpol’s Constitution.
  • Several former residents of the United Arab Emirates (UAE) who were accused of offences arising out of civil rather than criminal matters.
  • Acting pro bono for Andy Hall, a human rights activist who exposed migrant labour violations in Thailand, making pre-emptive representations to Interpol to ensure that it did not issue a red notice.
  • A number of high profile Middle Eastern and Asian businesspeople, religious and political figures.

Mutual legal assistance cases:

  • Advising a company director concerning the deposition of evidence at Westminster Magistrates Court arising from a US MLA request in the Huawei investigation
  • Advising a multinational natural resources company on an MLA request from within the EU relating to allegations of genocide and crimes against humanity
  • Acting for a UK company whose funds were frozen under an external restraint order applied for by the Italian authorities in a high-profile bribery/corruption investigation
  • Advising the CFO of a major UK bank concerning the deposition of evidence at Westminster Magistrates Court arising from an Irish MLA request in a high-profile banking investigation
  • Advising a group of employees at a FTSE 100 company concerning a criminal investigation in West Africa, including whether and how to engage with the requests, and how their evidence could be obtained through MLA/informally