that this makes Diffusions a convenient
alternative to Red Notices that are
subject to less stringent checks, even
though their impact can be just as
devastating. This challenge is illustrated
by the case of Nikita Kulachenkov, who
became subject to a Diffusion, even after
writing to INTERPOL to alert the organisation
to the risk that Russia might issue an
INTERPOL alert against him.
Nikita Kulachenkov
Nikita is a Russian forensic accountant who was associated with the political activist
Alexei Navalny in the conduct of anti-corruption work when he was charged with
the theft of a street-art drawing valued at US$1.55. Knowing he would not get a fair
trial in Russia, Nikita fled to Lithuania where he was granted asylum in December 2015.
Despite Nikita alerting INTERPOL in October 2014 to the possibility that Russia would
seek to circulate an INTERPOL alert in his name, Russia was still able to circulate a
Diffusion relating to Nikita through INTERPOL in August 2015 and, as a result,
he was arrested in Cyprus in January 2016. Instead of enjoying the planned holiday
with his mother, Nikita spent three weeks in detention until the Lithuanian authorities
were able to convince Cyprus not to extradite Nikita to Russia and instead to release
him and allow him to return to Lithuania where he had refugee status. Had Russia
attempted to use a Red Notice to seek Nikita’s arrest rather than a Diffusion, there is
a greater chance that INTERPOL would have identified the request as abusive before
the information was disseminated through INTERPOL’s channels. Nikita was eventually
able to convince INTERPOL to delete the Diffusion, in line with its then newly-adopted
policy on refugees,51 in March 2016.
“And for the rest
of my life I don’t
have the guarantee,
not INTERPOL,
not Russia will
ever assure me I
will not face the
same situation ”
Nikita Kulachenkov
32
51
The Refugee Policy is explained in further detail in paras. 116-129
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