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Why INTERPOL must remove the Red Notices issued against Carlos Ghosn.

by Isabel Alcántara, Esq.

In late April, France issued a Red Notice against Mr. Carlos Ghosn for allegedly siphoning millions of euros from Renault SA. INTERPOL has violated Article 3 of its Constitution by emitting the Red Notice against him.

Article 3 states: “It is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character.”

Prior to his escape from Japan in 2019 (in a box aboard a plane), Mr. Carlos Ghosn’s résumé included titles such as:

• CEO of Michelin North America,

• Chairman and CEO of Renault,

• Chairman of AvtoVAZ,

• Chairman and CEO of Nissan, and

• Chairman of Mitsubishi Motors.

Mr. Ghosn’s former positions at major automobile companies tie him closely with the political landscape of both Japan and France.

Nissan and Renault became strategic partners in 1999 and the alliance was directed by Mr. Ghosn. In 2016, Nissan announced it would take a controlling stake in Mitsubishi Motors. Ghosn became Chairman of Mitsubishi Motors, making him Chairman of all three companies. The alliance sold more than 10 million vehicles globally, making it one of the world’s largest automakers.

Months before Carlos Ghosn was arrested in Japan, the Japanese government allegedly intervened in talks about whether to merge Nissan Motor Co. and Renault SA. Japan’s Ministry of Economy, Trade, and Industry, or METI, drafted an agreement that would allow it to oversee talks between Nissan Motor Co. and Renault SA. Allegedly, the French government agency that manages the Renault stake also participated in the talks and pressured Mr. Ghosn to work toward making the alliance “irreversible.”

The Red Notices against Mr. Ghosn are founded on events that share close proximity in time with the intervention of Japanese and French government agencies, in a matter that should have been left to the companies to decide. Due to the political nature of the activities described above, INTERPOL is strictly forbidden from intervening in the actions being taken against Mr. Ghosn and the Red Notices against Mr. Ghosn should be removed from circulation due to their invalidity.

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