On June 9, 2021, INTERPOL published a Red Notice for Fabián ‘Pepín’ Rodríguez Simón—a prominent, Argentinian corporate lawyer—on behalf of judge Maria Servini. According to INTERPOL, red notices are only “issued for fugitives wanted either for prosecution or to serve a sentence.” Simón was the former judicial operator for the Mauricio Macri government from 2015-2019, and his position required him to facilitate a direct pathway between political matters and Argentinian courts.
After extortion allegations of Simón’s engagement with the Indalo Group, the former member of Macri’s judicial table is now seeking political refuge in Uruguay on the grounds of “persecution.” Servini has been quoted stating: “the request for political asylum from Rodríguez Simón to Uruguay is absolutely inappropriate and would appear to be a shortcut to obstruct the course of the investigation.”
An ongoing investigation of Simón’s illegal activities have been pending for the past two years. Officials suspect that Simón harassed shareholders of the Indalo Group into a financial bind. The Indalo Group was involved in the media, oil, and construction industries, and they sponsored the C5N news channel—a vicious commentator on the Macri administration. The investigation report includes several accounts stating that executives from the media group were imprisoned during the Macri administration. Servini stated, “The crimes investigated here can in no way be considered political crimes, and his status as a public official cannot be understood as sufficient for these purposes.”
Maria Servini called Simón to provide a testimony on June 17, 2021 and ordered a travel-ban on Simón exiting Argentina. However, Simón had already fled the country on December 8, 2020 and refused to appear before the courts. Simón has offered to speak via videoconference, but the judge denied this request. Therefore, INTERPOL’s issuance endorses Servini’s international arrest warrant.
INTERPOL defines a red notice as “a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.” While INTERPOL issued the red notice, Simón is entitled to due process and the right of defense. Thus, INTERPOL must wait for the government of Uruguay to make an executive decision on his refugee status before he can be arrested. The delay in a refugee status decision from the Uruguayan Justice has allowed Simón to win temporary suspension against extradition proceedings. The capture and arrest of Fabián Rodríguez Simón is now contingent on a ruling from the Uruguay’s courts.
by, Haydyn Hudnall, Legal Intern
