‘Bogus’ Interpol red notice kept mum from El Salvador in US immigration detention for six years
A woman spent six years languishing in US immigration detention due to a “bogus” Interpol red notice stemming from a harassment campaign by a police officer in El Salvador.
Jessica Barahona Martinez, who is originally from the Central American country, told Sky News and its US partner NBC News about her ordeal in her first sit-down interview since her release.
During her time in detention, her sister died of cancer and she rarely saw her children after being moved to a facility more than 1,000 miles away from her family.
Ms Barahona Martinez’s lawyer Sandra Grossman describes it as one of the worst cases she had come across.
“We have been fighting bogus red notices for over 15 years,” she said.
“And I can tell you that this is one of the most egregious examples of Interpol abuse that we’ve ever seen.”
The US is considered a leader in tackling Interpol abuse – in which authoritarian states use the notice system to target dissidents abroad, or when individuals use it in the service of private disputes.
While the US has specific legislation to prevent Interpol from being used for transnational repression, immigration authorities are ignoring guidance not to arrest people solely based on a red notice.
Since her release, Ms Barahona Martinez has been trying to repair her mental health
Ms Barahona Martinez said her ordeal began when a local police officer in her hometown in El Salvador began a campaign of harassment, targeting her due to her sexuality.
She said he initially accused her of being interested in his girlfriend, and went on to sexually harass and assault her in the town’s market.
“He talked to me like I was nothing, like I was trash,” she said. “He called me a waste of a woman.”
Dangerous allegation
Eventually, the police officer accused Ms Barahona Martinez of extortion, for the amount of roughly $30, and said she was part of a gang – which is considered an extremely serious allegation in El Salvador.
The country has a long history of gang violence, and at one point had the highest murder rate in the world.
The subsequent crackdown has been effective but brutal; human rights groups say it has included torture and arbitrary detention, while police have bragged about being able to “arrest anyone we want”.
Jessica Barahona Martinez reunited with her family. Pic: ACLU
Ms Barahona Martinez spent nine months detained in El Salvador waiting for a court date, until her case was dismissed for lack of evidence in March 2015.
Upon her release, the harassment resumed. She said the same car would drive by her house each night.
Ms Barahona Martinez has three children from a previous relationship, and says she started receiving threatening phone calls from a person who listed her children’s names and where they went to school.
In May 2016, a year after her case was dismissed in El Salvador, Ms Barahona Martinez fled to the US. She submitted an official asylum application in April 2017.
However, she was unaware that police in El Salvador had attempted to re-open her case in the meantime.
She did not show up for a subsequent court appearance, and so local police circulated a red notice via Interpol.
Immigration officers in the US are not supposed to detain somebody purely on the basis of a red notice.
But when Ms Barahona Martinez attended her monthly check-in with immigration authorities on a Friday in June, she was told to head home and pack her bags, say goodbye to her children and report to a detention centre the following Monday morning.
Two asylum bids
Ms Barahona Martinez first learned she had been detained due to a red notice when she was denied bail a month later.
She would spend six years in detention.
Twice she was granted asylum. Two separate immigration judges found her claims of persecution in El Salvador credible – in 2018 and again in 2019.
However, both times an immigration board overturned the asylum decision, citing the existence of the red notice.
Authorities claimed the red notice meant that Ms Barahona Martinez was banned from refugee status under a rule called the mandatory non-political crime bar, which is designed to prevent people who have committed crimes abroad from seeking asylum after they have gone on the run.
But for Ms Barahona Martinez, the red notice resulted from – and was evidence of – the very persecution she was escaping.
Nevertheless, she was detained for the entirety of her asylum proceedings.
Ms Grossman said this was because of a disconnect between US policy and practice when it comes to Interpol notices.
‘Fundamental misunderstanding’
Although the US government guidelines state that a red notice should not automatically lead to detention, in practice that is what happens in the immigration system.
“I think this might hopefully be changing in the United States, but it appears in most of these cases that the red notice is sort of looked at as evidence of criminality and often as conclusive evidence of criminality,” Ms Grossman said.
“There seems to be a fundamental misunderstanding in the United States about what a red notice is and is not.”
Ms Grossman believes that if Interpol was more transparent about the ways in which red notices can go wrong, both officials and victims of Interpol abuse would be better equipped to respond.
“It would be really helpful for cases where there’s bogus red notices involved for Interpol to be much more open about the fact that this happens,” she said.
Ms Barahona Martinez’s case came to light after the American Civil Liberties Union (ACLU) met with her on one of their regular tours of detention centres in early 2023.
They then turned to Ms Grossman for specialist help.
When she petitioned Interpol’s review body she received an unusually swift reply telling her the red notice had been deleted.
From shock to panic
Still, Ms Barahona Martinez remained in detention until September last year, when she was released without warning after several interview requests by Sky News and the filing of a habeas petition by the ACLU, which would have seen her case brought before a higher judge.
Read more:
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On 28 September, as Ms Barahona Martinez was working in the kitchen at a Louisiana detention centre, an immigration official sought her out to inform her she was being released the following day.
She told Sky News she was so shocked that she told the officer there must have been a mistake.
However, her shock soon turned to panic. After six years inside, she was not sure how she would cope with the outside world or even how to get back to her family.
Jessica Barahona Martinez with her family
“What was I going to find outside? I spoke to my mother, I said to her ‘Mum, what if I get lost?’ It was something that I honestly wasn’t prepared for at the time. And she told me, ‘You’re not going to get lost. We will find you’.”
The day after Ms Barahona was released, US authorities published updated guidance, reiterating that immigration officers shouldn’t detain people solely on the basis of a red notice.
‘Very robust system’
In an earlier episode of Sky News’ Dirty Work podcast, Interpol Secretary General Jurgen Stock defended the red notice system.
He said: “I think it is a very robust system, and it is a very successful system first and foremost because it helps almost every day around the world to catch dangerous fugitives, murderers, rapists, those who are exploiting children, drug traffickers.”
When asked about people ending up with a notice that should not have been issued, he said: “[It is] a small number of cases, but of course, very often significant cases that end up in the media and where we say, yes, this notice should not have been published.
“Every one of those cases is a case too many because we know the consequences this might have,” he said.
A spokesperson for the US Immigrations and Customs Enforcement Agency (ICE) said: “Regardless of nationality, ICE makes custody determinations on a case-by-case basis, in accordance with US law and US department of homeland security policy, considering the circumstances of each case.”
US
Charlie Kirk suspect Tyler Robinson ‘was in romantic relationship with transgender roommate’ – Utah governor
The suspect accused of shooting dead right-wing influencer Charlie Kirk was in a romantic relationship with his transgender roommate, Utah’s governor has said.
Tyler Robinson, 22, from Washington in Utah, is due to appear in court on Tuesday after Kirk, 31, was killed during one of his rallies at Utah Valley University on Wednesday.
Robinson is being held without bail on suspicion of aggravated murder, a felony discharge of a firearm causing serious bodily injury, and obstruction of justice.
According to Utah’s Republican governor, Spencer James Cox, he was in a relationship with his roommate – who was in the process of transitioning.
“The roommate was a romantic partner,” he told NBC News’s Meet The Press on Sunday. “We can confirm that that roommate is a boyfriend who is transitioning from male to female.”
He added that the roommate has been “incredibly cooperative” and had “no idea that this [the shooting] was happening”, but that Robinson has not been cooperating with police.
Tyler Robinson. Pic: Utah Governor’s Office
Charlie Kirk at Utah Valley University before he was shot. Pic: AP
Kirk, who co-founded the conservative student movement Turning Point USA, regularly expressed anti-LGBTQ views.
The motive of the shooting is unclear, and officials have not said whether Robinson’s relationship – or his roommate’s gender – is relevant to their investigation.
Authorities are still trying to get access to cloud storage linked to Robinson, according to NBC.
Mr Cox has previously said the suspect came from a “conservative family, but his ideology was very different than his family”, adding in an interview with The Wall Street Journal that he had been “deeply indoctrinated with leftist ideology”.
According to the governor, his relatives have said Robinson was critical of Kirk, saying he was “full of hate and spreading hate” and “talked about why he didn’t like him and the viewpoints that he had”.
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Security camera shows Charlie Kirk suspect
The 22-year-old is due to be charged when he makes his first court appearance on Tuesday, according to the Utah County attorney’s office.
He was in his third year of an electrical apprenticeship programme at Dixie Technical College in St George, Utah, NBC reported.
A spokesperson for Utah Valley University, where Kirk was speaking when he was shot in the neck, said Robinson studied there for one semester in 2021.
Kristin Schwiermann, a neighbour of his family’s, described him as “smart” and “quiet”, and added that he “never caused any problems”.
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Woman recalls encounter with Charlie Kirk suspect
Memorial to be held at Super Bowl venue
It was revealed on Sunday that a memorial to Kirk will be held at the stadium where the 2023 US Super Bowl was held.
State Farm Stadium, just outside of Phoenix, Arizona, is home to the American football team the Arizona Cardinals and can hold 60,000 people.
President Donald Trump has said he plans to attend and will posthumously award Kirk with the highest US civilian honour – the Presidential Medal of Freedom.
Kirk, who hosted his own self-titled podcast, had millions of followers on social media.
He was a regular visitor at the White House and has been credited with the increase in young men voting for Mr Trump at the 2024 presidential election.
Experts have described engravings left on ammunition at the scene of the Charlie Kirk shooting as “extremely online” – so what do the words and symbols actually mean?
Authorities said on Friday that the suspect accused of fatally shooting the Conservative activist left behind bullet casings featuring references to fascism, video games and internet memes.
Kirk at Utah Valley University where he was shot. Pic: Reuters/The Salt Lake Tribune
To those who aren’t chronically online, the messages may appear to be total gibberish. But for others, specifically gamers, many of the meanings will have immediately been clear.
Here’s what each of the casings reference – and why experts have cautioned against using them to make assumptions about the suspect’s political leanings.
1. ‘notices, bulges, OWO, what’s this?’
This writing appears to reference a meme about the furry subculture, which centres on an interest in anthropomorphic animal characters.
Within the furry community, OwO is an emoticon of a cute face (with the Os as the eyes and the w as a cute mouth or nose) and used as a way of flirting – but outside the community, it is often used in a mocking way, or as part of trolling.
It’s incredibly common for phrases used by people who are “extremely online” – which essentially means highly engaged in online culture – to have double or multiple meanings.
For this reason, experts have cautioned against trying to interpret messages such as these engravings to determine an attacker’s political leanings or motive.
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What we know about the shooting arrest
Jamie Cohen, an assistant professor of media studies who studies memes at Queens College in New York, said: “Oftentimes this extremely online disguise is meant to be doublespeak.”
Speaking to Sky News’ US partner NBC News, he continued: “It’s meant specifically for someone like me to dive into what they would call meme culture and declare them something so that they get more press.
“So it could just be another bait and switch for researchers who are falling into the same trap that they are designing for more viral exposure.”
2. ‘Hey, fascist! Catch ↑ → ↓↓↓’
When asked by Sky News’ US correspondent James Matthews what the messages on the casings meant, Utah governor Spencer Cox said the writing referring to a fascist “speaks for itself”.
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Engraving on bullet casing ‘speaks for itself’
The second half of the inscription – the directional arrows – were immediately identified by some gamers.
Helldivers 2 players have pointed out that the arrow sequence is the code used to summon a 500kg bomb in the 2024 game – which itself has been interpreted as a satire of fascism.
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3. ‘Oh bella ciao, bella ciao, bella ciao ciao ciao’
Bella Ciao is a classic Italian song that became a popular anti-fascism anthem during Benito Mussolini’s dictatorship.
It has won renewed popularity in recent years thanks, in part, to featuring multiple times in Netflix’s Spanish television series Money Heist.
A popular remix of Bella Ciao has hit more than 260 million streams on Spotify worldwide and it’s become a favourite on TikTok, as well as within the gaming community.
Read more:
All we know about the suspected assassin
The string of bloody political violence in the MAGA era
4. ‘If you read this, you are gay lmao’
This juvenile insult, using the well-known abbreviation for ‘laughing my ass off’, is a common ‘gotcha’ phrase and simply appears to mock investigators.
The messages, another expert has said, make one thing clear – the suspect was likely seeking fame.
Lindsay Hahn, a University at Buffalo associate professor who researches ideological extremism and the ways in which perpetrators of violence justify their actions, said the messages do not necessarily indicate a specific ideology.
“But what they do indicate, is that the shooter wanted to get a message across and therefore be talked about online,” she told NBC.
“It sort of seems like these messages, at the very minimum, were selected because he knew they were going to be talked about.”
A memorial for right-wing US influencer Charlie Kirk will be held next Sunday, in a stadium that previously hosted the 2023 Super Bowl.
The 31-year-old, who was a close ally of Donald Trump, was fatally shot in the neck on Wednesday while speaking to university students at an event in Utah.
His appearance at Utah Valley University was part of a planned tour of US college campuses.
A memorial for Charlie Kirk at Turning Point USA headquarters in Phoenix, Arizona. Pic: Reuters
Charlie Kirk at Utah Valley University, shortly before he was shot. Pic: AP
Turning Point USA, the prominent youth conservative organisation of which Mr Kirk was the president and co-founder, is holding the event at State Farm Stadium outside Phoenix.
The venue is the home of the NFL’s Arizona Cardinals and can hold more than 60,000 people.
Tyler Robinson, a 22-year-old from Washington, Utah, is being held without bail after being arrested on suspicion of aggravated murder, felony discharge of a firearm causing serious bodily harm and obstruction of justice charges, according to court documents.
The motivation behind the fatal shooting is still unclear, but Utah governor Spencer Cox commented that Robinson described Mr Kirk as “full of hate and spreading hate”.
Robinson is due to make an initial court appearance on Tuesday, when he is also expected to be charged, the Utah County attorney’s office said.
Tyler Robinson. Pic: Utah Governor’s Office
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Suspect’s movements before and after shooting
President Trump, who will be back in the US after his UK state visit next week, has previously said he plans to attend Mr Kirk’s funeral.
Mr Trump has said he will be posthumously awarding Mr Kirk with the nation’s highest civilian honour, the Presidential Medal of Freedom.
Mr Kirk’s body was flown back from Salt Lake City to his home state of Arizona on Air Force Two on Thursday, with the US vice president and close friend JD Vance on board.
JD Vance helps carry the coffin of Charlie Kirk from Air Force Two in Arizona
His widow, Erika Kirk, has vowed to continue his campus tour and his radio and podcast shows.
Speaking publicly for the first time in a livestreamed video on Friday, she said: “To everyone listening tonight across America, the movement my husband built will not die.”
“It won’t. I refuse to let that happen.”
She said she told her three-year-old daughter: “Daddy went on a work trip with Jesus.”
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Charlie Kirk shooting: What bullet inscriptions mean
Read more: What the engravings on bullets in Charlie Kirk case may refer to
Mr Kirk, who was a father of two, had millions of followers across social media.
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A makeshift memorial to Mr Kirk has been set up at Utah Valley University, with flowers, American flags and handwritten messages left at the main entrance.
The university says there will be increased security when classes resume on Wednesday.
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