‘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.
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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.”
From the White House these past 100 days, I’ve chronicled the whirlwind that’s reshaping America.
Getting beyond the West Wing and out of Washington has been harder. The volume of news has necessitated a near-constant presence in the US capital.
Every single day, there has been something. Of course, this has been entirely intentional for the president and his team of proud disrupters.
They pledged to govern differently, and on that promise, they have more than delivered.
To fix America, Donald Trump first had to convince people that it is broken. Many didn’t need convincing. Look for decline here and you’ll easily find it; communities left behind.
Look for bureaucracy and waste – you’ll find that too. Common sense silenced by wokism? Many can relate to that. Immigration out of control? Politicians have been struggling with that for decades.
In just 100 days, Mr Trump has harnessed all of that into a package of change that feels like nothing short of a revolution.
Despite the tsunami of news, my colleagues and I have managed to escape from the White House. And it is there, beyond Washington, that the more subtle but no less profound changes to the fabric of this nation can be felt.
Whether it be innocuous tattoos that might now be associated with gang membership, free speech opinions penned on social media, or the willingness just to chat about politics, one startling thing I have observed these past 100 days is a growing sense of fear.
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Does Trump really ‘run the country and the world?’
A passion for politics
Anyone who has worked as a foreign correspondent in America will tell you that Americans love to give their opinion on politics. And they do it, always, with word-perfect articulation. There is no better place in the world for a ‘voxpop’.
There is a passion for politics that I haven’t seen anywhere else I’ve lived and worked. Until now. Over these past 100 days, I have increasingly found a reticence that reflects an America changed by this president and his style.
I’m in Detroit at the moment, in Michigan, the battleground state that helped to deliver Donald Trump the presidency back in November. I was here back then, too, and recall the enthusiasm with which people would discuss the upcoming election. There was enthusiasm for Trump and enthusiasm for Harris.
An indictment of the times
Now the response to my questions is, so often, “no thanks, I’d rather not”. Sometimes people ask where the report will be seen. “Will it be on in America?” Think about it – this is America. What an indictment of the times, that people fear offering their opinion – whatever side of the aisle they sit.
Very often, it’s businesses that are extremely cautious of being associated with one political view or another. Such is the animosity now between the two sides.
After a day of perseverance in Detroit this week, a few folk did talk to us. Their answers were revealing.
In a park, I met Marie Freeman who said people are now “more angry”. Her view is that America has lost something over these past 100 days.
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“I definitely want us to move forward in a positive, more empathetic way. I think with Trump being such a hardcore president, we lose the empathy, we lose the grace for our fellow neighbours. We’re all so angry because we’re under angry leadership. And that’s not good.”
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She articulated a vibe which I recognise in so many parts of this country right now. A lack of grace and empathy.
Yet, yards away, a couple walking their cats stopped to chat. I asked how they would rate these past 100 days. Two tens out of ten for Trump’s performance.
US
Trump ‘very disappointed’ in Russian strikes on Ukraine and calls for Putin to ‘sit down and sign a deal’
Donald Trump has said he’s “very disappointed” with Russia as he continues to push for a peace deal to end the war in Ukraine.
On Saturday, the US president met with Volodymyr Zelenskyy at the Vatican for their first face-to-face meeting since their explosive White House summit.
The Ukrainian president said the meeting ahead of Pope Francis’s funeral could end up being “historic.” Hours later, Mr Trump questioned Vladimir Putin’s appetite for peace in a Truth Social post.
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From Saturday: Trump meets Zelenskyy at funeral
Speaking before boarding Air Force One on Sunday, Mr Trump again said the meeting went well, and that the Ukrainian leader was “calmer”.
“I think he understands the picture, I think he wants to make a deal,” he said, before turning to Mr Putin and Russia.
“I want him to stop shooting, sit down and sign a deal,” the US president said, adding he was “very disappointed that they did the bombing of those places (including Kyiv, where nine people were killed in a Russian airstrike on Friday) after discussions”.
However, Mr Trump said he thinks Mr Zelenskyy is ready to give up Crimea, which the Ukrainian leader has repeatedly said he would refuse to do.
He added that “we’ll see what happens in the next few days” and said “don’t talk to me about Crimea, talk to Obama and Biden about Crimea”.
Russia annexed Crimea in 2014, while Barack Obama was president.
Meanwhile, US secretary of state Marco Rubio told Sky’s US partner network NBC News that a peace deal to end the war was “closer in general than they’ve been any time in the last three years, but it’s still not there”.
“If this was an easy war to end, it would have been ended by someone else a long time ago,” he added on the Meet the Press show.
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It comes after North Korea confirmed it had deployed troops to fight for Russia, months after Ukraine and Western officials said its forces were in Europe.
State media outlet KCNA reported North Korean soldiers made an “important contribution” to expelling Ukrainian forces from Russian territory, likely to be the Kursk region.
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KCNA said leader Kim Jong Un made the decision to deploy troops to Russia and notified Moscow, and quoted him as saying: “They who fought for justice are all heroes and representatives of the honour of the motherland.”
It also quoted the country’s ruling Workers’ Party as saying the end of the battle to liberate Kursk showed the “highest strategic level of the firm militant friendship” between North Korea and Russia.
Last June, Mr Kim and Mr Putin signed a comprehensive strategic partnership treaty after a state visit – his first to the country in 24 years.
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From June 2024: Putin drives Kim around in luxury limo during state visit
The North Korean leader promised at the time “full support and solidarity to the Russian government, army and people in carrying out the special military operation in Ukraine”.
Virginia Giuffre, who accused Prince Andrew of sexual assault, has died aged 41.
In a statement to Sky’s US partner network NBC News on Friday, her family said she took her own life in the Perth suburb of Neergabby, Australia, where she had been living for several years.
“It is with utterly broken hearts that we announce that Virginia passed away last night at her farm in Western Australia,” her family said.
“She lost her life to suicide, after being a lifelong victim of sexual abuse and sex trafficking.
“Virginia was a fierce warrior in the fight against sexual abuse and sex trafficking. She was the light that lifted so many survivors.
“In the end, the toll of abuse is so heavy that it became unbearable for Virginia to handle its weight.”
Pic: AP
Police said emergency services received reports of an unresponsive woman at a property in Neergabby on Friday night.
“Police and St John Western Australia attended and provided emergency first aid. Sadly, the 41-year-old woman was declared deceased at the scene,” a police spokeswoman said.
“The death is being investigated by Major Crime detectives; early indication is the death is not suspicious.”
Sexual assault claims
Prince Andrew has denied all claims of wrongdoing. File pic: Reuters
Ms Giuffre sued the Duke of York for sexual abuse in August 2021, saying Andrew had sex with her when she was 17 and had been trafficked by his friend, the billionaire paedophile Jeffrey Epstein.
The duke has repeatedly denied the claims, and he has not been charged with any criminal offences.
In March 2022, it was announced Ms Giuffre and Andrew had reached an out-of-court settlement – believed to include a “substantial donation to Ms Giuffre’s charity in support of victims’ rights”.
‘An incredible champion’
Sigrid McCawley, Ms Giuffre’s attorney, said in a statement that she “was much more than a client to me; she was a dear friend and an incredible champion for other victims”.
“Her courage pushed me to fight harder, and her strength was awe-inspiring,” she said. “The world has lost an amazing human being today.”
“Rest in peace, my sweet angel,” she added.
Listen to The World with Richard Engel and Yalda Hakim every Wednesday
Dini von Mueffling, Ms Giuffre’s representative, also said that “Virginia was one of the most extraordinary human beings I have ever had the honour to know”.
“Deeply loving, wise, and funny, she was a beacon to other survivors and victims,” she added. “She adored her children and many animals.
“She was always more concerned with me than with herself. I will miss her beyond words.
“It was the privilege of a lifetime to represent her.”
Ms Giuffre said at the end of March she had four days to live after a car accident, posting on social media that “I’ve gone into kidney renal failure”. She was discharged from hospital eight days later.
Raised mainly in Florida, she said she was abused by a family friend early in life, which led to her living on the streets at times as a teenager.
She said that in 2000, she met Ghislaine Maxwell, a British socialite who was convicted in 2021 on federal sex trafficking and conspiracy charges and was sentenced to 20 years in prison.
Ghislaine Maxwell and Jeffrey Epstein. Pic: US Department of Justice
Ms Giuffre said Maxwell then introduced her to Epstein and hired her as his masseuse, and said she was sex trafficked and sexually abused by him and associates around the world.
‘A survivor’
After meeting her husband in 2002, while taking massage training in Thailand at what she said was Epstein’s behest, she moved to Australia and had a family.
She founded the sex trafficking victims’ advocacy charity SOAR in 2015, and is quoted on its website as saying: “I do this for victims everywhere.
“I am no longer the young and vulnerable girl who could be bullied. I am now a survivor, and nobody can ever take that away from me.”
:: Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.
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