legal defence against persecution and discrimination
NEWS AND PUBLICATIONS
TURAN.az: 50% of Interpol’s work is to
search for those who escaped from Russia
21.10.2023. | Aleksejs Jeļisejevs
My comments for Media from Azerbaijan:
"Russia's Deputy Prosecutor General for Search and Extradition Pyotr Gorodov, a former senior Interpol official, allegedly continues influencing its secretariat in Lyon. This comes amid public allegations that Mr Gorodov and his corrupt associates are suspected of developing a scheme to extort money from individuals marked by Iterpol's red-flagged."
My new comments for Latvijas Radio 4
14.10.2023. | Aleksejs Jeļisejevs
I have discussed with Boris Cilevič on the “Open Conversation” program on Latvijas Radio 4 about the amendments to the citizenship law proposed by Jaunā Vienotība. The conversation turned out to be open and meaningful.
I have proposed to introduce into legislation the qualification of fraud in obtaining citizenship as a basis for its loss. This fraud should be qualified as a violation of the loyalty oath to the Latvian state, which every naturalized person gives as a precondition for obtaining citizenship.
30.09.2023. | Aleksejs Jeļisejevs
My comments to Ukrainian journalists::
Кандидат юридичних наук з дослідницьким, експертним досвідом з Латвії Алексей Єлісєєвс, керівник CAC SIA, висвітлив факти роботи Інтерполу на країну-агресора.
"Росія найчастіше зловживає «червоними повідомленнями» Інтерполу, оскільки давно зрозуміла, що ця система є ідеальним способом розширити свій глобальний вплив"
18.09.2023. | Aleksejs Jeļisejevs
My comments for LETA:
Aleksejes Jelisejevs emphasizes that Russia is lobbying for its interests in the INTERPOL. Despite statements from several countries that Russian requests will be subject to more thorough verification, this does not happen.Indeed, out of all 6,947 public Red Notices in circulation, Russia’s current total of 3,211—more than 46% versus 38% pre-war—is a travesty. In no way does it represent “heightened supervision to prevent any potential misuse of INTERPOL’s channels” by Russia.
Therefore, professional and high-quality legal assistance in such cases is paramount for successfully protecting Russian persecution victims.
My new comments for TV Rain
12.09.2023. | Aleksejs Jeļisejevs
I have commented to the Russian opposition TV channel "Rain"about the ban on importing cars with Russian license plates into the EU.
I clarified that the document published by the European Commission is not an explanation but an opinion, which in no way constitutes an interpretation and is not binding on national authorities.
My comments for TV Rain
10.07.2023. | Aleksejs Jeļisejevs
I have commented to the Russian opposition TV channel "Rain"
about the issue of arresting a car with a Russian license plate in the framework of the EU Regulation on imposing sanctions against the Russian Federation due to aggression against Ukraine.
My article in "Liverpool Law Review"
11.04.2023. | Aleksejs Jeļisejevs
“De-banking v Good Faith: Doctrinal Assessment of Bank’s Interests when Terminating Payment Account Without Customer’s Consent in the View of EU and Latvian Law"
Abstract
As an element of the author’s suggested “good faith-based approach,“ this paper continues his doctrinal research to assess the conflicting interests of counterparties when banks close accounts unilaterally. It now focuses on the banks’ side and shows that while the bank’s interest in refusing contractual relations with problem customers is to maintain its business profitability, society is interested in ensuring financial inclusion for these customers and preventing money laundering and terrorist financing. This interest includes the ability of a banking system to generate crime-combating intelligence. In this context, the legitimate public interest requires restricting this right of a bank by means to control its enjoyment which may be produced by tools of the good faith tenet being proportional, permissible and the least intrusive measure to strike a fair balance between general and private interests. These restrictions require a bank to seek to maintain account contractual relations with commercially less attractive customers if it can satisfy its obligations under the AML/CTF/sanction regulations. Besides, this examination evinces that such banks’ behaviour is against the principle of pacta sunt servanda and could not be justified by banks’ freedom to conduct business at their discretion. This analysis inherently applies to any national legal system transposing EU rules concerning this issue, but its ground refers to Latvia’s legislation, legal doctrine, and case law. Since these are global trends, it is also useful in other jurisdictions adjusted for the relevant shades of each law frame.
My comments for Latvian Radio 4
12.01.2023. | Aleksejs Jeļisejevs
Within the “Open Question” program on Latvian Radio 4, I and the chairman of the parliamentary commission on citizenship, migration and social cohesion discussed recent changes in the rules on permanent residence permits for Russians, previously citizens or non-citizens of Latvia.
22.05.2022. | Aleksejs Jeļisejevs
One more win and a client has been saved from a politically motivated prosecution. It wasn't easy, but we made it.
Russian Federal Security Service employees demanded that the client give false evidence against his bosses, but he refused. In April of this year, the court granted our claim and ordered the PMLP to decide on giving him refugee status.
My article in "Athens Journal of Law"
and in "A Contemporary Anthology of Law"
15.01.2022. | Aleksejs Jeļisejevs
"“Crucial Issues with Legal Protection of Consumers’ Human Rights when Banks Unilaterally Close Accounts”
Abstract
When unilaterally closing a customer’s account due to so-called de-risking, the customer’s interests are not only ignored by the bank but their human rights, including respect for his private life and presumption of innocence, are also severely violated De facto, de-risking stigmatizes discarded consumers as being involved in criminal activity without a court conviction. As a result of the unfair account closure, both the consumer's social and psychological integrity can suffer. Their rights to establish and develop relationships with other human beings and the outside world and respect for reputation are put in jeopardy. In order to overcome the above collision of interests, this study proposes a doctrinal assessment of consumer's interests that should limit the bank's right to unilaterally terminate the contract by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith. By analogy with the original source of the problem, this tool has been called the “Good Faith-Based Approach". Therefore, in view of states' affirmative obligations under the European Convention on Human Rights, this research shows that the consumers' conflicting interests should take priority in legal protection until the consumer's involvement in money laundering and terrorist financing is established and proven. A certain level of restrictions imposed on the consumers' fundamental rights could be considered justifiable to prevent money laundering as long as the business relationship with the bank continues. However, when rupturing contractual relations within the de-risking paradigm, only close adherence to the good faith principles can guarantee that the bank's rights are not applied by the bank formally and unreasonably, that is, against the sense, meaning, and goals established by the regulating authorities or contrary to the general idea of law.
My article in "Baltic Journal of Law & Politics"
17.03.2022. | Aleksejs Jeļisejevs
"The Good-Faith-Based Approach as a Legally Acceptable Intervention in Freedom of Contract to Protect Consumers’ Rights When Banks Unilaterally Close Accounts"
Abstract
This article assesses the permissibility of interference in private autonomy under thegood faith principle when payment service providers unilaterally terminate contracts withconsumers. The protection of the interests of such consumers is impeded by the formalapplication of legal rules and contractual terms, which ultimately contradicts public interests,including combating money laundering and terrorism financing. To overcome this conflict,the article proposes a doctrinal approach according to which the bank’s right to withdrawfrom the contract unilaterally should be limited by the systemic and teleologicalinterpretation of regulating rules in combination with the general civil principle of good faith,which, by analogy with the original source of the problem, is called a good faith basedapproach. One of the general frameworks for implementing this approach is respect for freedom of contract, which is limited by the non-discussion presumption, modern civil law practice, and legal regulation of a consumer’s interests. According to research based on EUand Latvian law, legal doctrine, and case law, there are also valid reasons to intervene inprivate autonomy that should be recognized as legally acceptable for restoring justice andcontractual equality in favor of consumers.
19.02.2020. | Aleksejs Jeļisejevs
One more victory!
"We have requested the Commission for the Control of INTERPOL's Files. They acknowledged that the search warrant was not based on the crime that Shvarev was accused of but was political persecution. The Commission took into account that he was a journalist, received political asylum in Latvia, took into account the peculiarities of his accusation: that it is vague, does not reveal Shvarev's connection with the incriminated act.
The victims are oligarchs associated with the authorities that correspondence correspondence from the Mail.ru service was used as evidence, which belonged to one of the victims. The consideration passed quickly enough, within a month," says Jelisejevs. According to the lawyer, the body considered that the search for Shvarev violated the provisions of the Interpol Constitution, which refers to the prohibition of international police interference in political activities, Interpol's data processing rules, and numerous articles of the Universal Declaration of Human Rights.
10.01.2020. | Aleksejs Jeļisejevs
When a well-known journalist is a client, success in his case becomes the best advertisement.
Under my legal assistance, Rosbalt journalist Alexander Shvarev, accused in Russia of slandering billionaire Alisher Usmanov and extorting businessman Kenes Rakishev, has been granted political asylum in Latvia. It was acknowledged that he was in danger of returning to Russia and that his persecution was political and discriminatory.
10.08.2019. | Aleksejs Jeļisejevs
Jelisejevs explained why the lawyers of former President Almazbek Atambayev would not be able to appeal to the Hague Tribunal. The jurisdiction of any international institution for the consideration of claims of individuals against a sovereign state requires that this state voluntarily waive its judicial immunity in favour of a specific tribunal, arbitration, judicial or human rights instance. In the case of Kyrgyzstan, only one such treaty-based human rights mechanism is available to its citizens - the UN Human Rights Committee
27.05.2019. | Aleksejs Jeļisejevs
The client, who had been persecuted for political reasons, was removed from the Interpol wanted list. His inclusion and presence in the databases of the international police are recognized as contrary to its rules. It was a complex case, a long consideration, but we achieved our goal!
15.04.2019. | Aleksejs Jeļisejevs
They are my clients.
The Administrative District Court overturned the decision of the Office of Citizenship and Migration Affairs (PMLP) and judged to grant asylum in Latvia to a family from Uzbekistan who fled their homeland due to political repression.
11.02.2018. | Aleksejs Jeļisejevs
On 31 January 2018, at its 103rd session, the CCF decided that the international order of the Kyrgyz authorities to search for and arrest Yevgeny Gurevich (the so-called "Red Notice") should be immediately deleted. Based on my request in Mr Gurevich's interests, the CCF found a political element in his criminal cases.
I am proud to announce my professional success.
21.01.2018. | Aleksejs Jeļisejevs
A few days ago, my client, formerly a prominent statesman in Kyrgyzstan and subjected to political persecution, received asylum and legal protection in Latvia, which granted him refugee status under the 1951 UN Geneva Convention.
INTERPOL stopped international search for a victim of political repressions — a claim against violation of Article 3 of the Interpol’s Constitution is satisfied
17.08.2016. | Aleksejs Jeļisejevs
The General Secretariat of the International Criminal Police Organization (INTERPOL) decided to strike off its databases a red notice (international search and arrest warrant) with the name of a victim, which was chased by one of CIS authoritarian regimes for undoubtedly political reason. We filed a claim against violation by Interpol of Articles 2 and 3 of its Constitution to the Commission for the Control of Files (CCF) in spring 2013. For a long time the claim handling process had been blocked in and just recently was examined on the merits.
Undoubtedly, the application of laws in practice by this international police organization has undergone significant changes. The functioning of its control institutions and procedure has improved considerably. Eventually, this organization’s internal mechanisms of defence of rights have become fully operational, which task is to prevent abusing of its investigation system by authoritarian regimes and dictatorships, as well as to protect private persons against political repressions by using the Interpol’s files and databases.
Certainly, these positive trends have beneficial impact on my legal practice and enable to defend clients more effectively. At present I urge many of my clients, who are subject to unlawful criminal prosecution for political reasons, to appeal to the Interpol more actively with requests to stop their international search, because chances of a positive result have significantly increased.
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The client’s personal data and detailed factual background are not subject to disclosure for the confidentiality and security reasons.
Further information on legal services rendered to the victims of illegal politically motivated repressions with the help of the Interpol system is available here.
INTERPOL: Authoritarian regimes start and lose
28.12.2016. | Aleksejs Jeļisejevs
I have just received an official notification of annulment of a red notice in respect of my client – an oppositional politician from Kyrgyzstan, who early held high office in this country. An international search against him has been definitely terminated. All of his data have been completely stricken off all databases (files) of Interpol. Article 3 of the Interpol Constitution works!
It can be stated that this year the International Organization of the Criminal Police significantly changed its policy and law-enforcement practice towards politically persecuted persons and, in particular, political refugees.
Finally, the international standards of protection of politically persecuted refugees were completely implemented into the regulatory environment of Interpol, thereby enabling to overcome a long-standing collision between multinational treaties concerning investigation and international mechanisms of protection of refugees’ rights. Earlier this enabled different authoritarian regimes and all sorts of dictators to seize the opportunities of Interpol to settle personal scores, persecution of political opponents and of other people unpleasant to the authorities. Right now a strict legal barrier is put to such dishonest and abusive practices.
Significant development in the procedures and timing of the consideration by the Commission for Control of Interpol Files of requests for the removal of politically persecuted persons from the wanted list of this international police organization must also be noted. In the today’s case – the reply on admission of the request was rendered within one week (!), but the final decision of the Interpol General Secretariat to terminate search and cancel the international arrest warrant was taken just in one and a half month (!!!). For comparison – in previous years they needed more than month just for official admission of the request, but it took years to make a decision per se (in some cases up to five years).
In a word, this is an interesting trend, which significantly makes my work easier. I might add that I took a hand personally in these positive changes by working in previous years on this issue, inter alia, with the involvement of the UN Supreme Commissariat for Refugees, as well as other international institutions. A certain research paper may now be written. It seems it should be interesting to colleagues specialized in this topic.
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The client’s personal data and detailed factual background are not subject to disclosure for the confidentiality and security reasons.
Further information on legal services rendered to the victims of illegal politically motivated repressions with the help of the Interpol system is available here.
An Italian court refused to extradite a Russian citizen because managed to prove that the said person’s repression is politically motivated
11.06.2014. | Aleksejs Jeļisejevs
On May 22, 2014 a court of a city of the region of Trentino – Alto Adige, Province of Bolzano in Italy took a decision to refuse to extradite my client, a Russian citizen. At the end of 2013 based on the International Interpol’s arrest warrant, the client was detained and placed in custody by the Italian police. Thanks to the lawyer’s operative actions two weeks after arrest the client was released without application of bail or other means of security. Later, during trial the illegality of the client’s repression and its political motivation managed to be proven, therefore the request for extradition was acknowledged unjustified and rejected in full.
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The client’s personal data and detailed factual background are not subject to disclosure for the confidentiality and security reasons.
Further information on legal services rendered to the victims of illegal politically motivated repressions with the help of the Interpol system is available here.
30.04.2013. | Aleksejs Jeļisejevs
The Asylum Affairs Division of the Office of Citizenship and Migration Affairs of the Ministry of the Interior of the Republic of Latvia by the decision of 26th April 2013 granted the refugee status to my client. She was forced to leave her home state, because she was persecuted for political reasons. The Latvian national authority established that in this case my client was persecuted in her home state by senior officials and law enforcement authorities, but the discriminating persecution manifested as an illegal and unjustified investigation and criminal proceedings
The Republic of Latvia has granted the refugee status to a victim of political repressions and her minor children
It means that my client cannot return to her home state because of real threat to life and health. Because of the said reasons she also could not seek protection in her home state. Therefore, in reliance upon the Convention relating to the Status of Refugees and asylum legislation there is the ground in fact and in law for her protection in Latvia.
The refugee status was granted also to her minor children. Furthermore, this family was granted a permanent residence permit in Latvia, but refugee travel documents were issued in lieu of citizenship.
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The client’s personal data and detailed factual background are not subject to disclosure for the confidentiality and security reasons.
Further information on legal services rendered to the victims of illegal politically motivated repressions with the help of the Interpol system is available here.