INTERPOL is entitled as International Criminal Police Organization which is an inter-governmental organization established in 1923. With HQ based in France, they help the police system of all the 196 member countries to share and access data on crimes and criminals and offer technical and operational support.
Legal Base of INTERPOL:
Interpol’s legal basis stems from its constitution, which outlines its objectives, structure, and operating principles. The constitution provides the foundation for Interpol’s activities and defines the scope of its authority within the framework of international law.
Article 2 of the INTERPOL Constitution provides the Aim of the Organisation:
- To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the “Universal Declaration of Human Rights”;
- To create and enhance all organizations capable of effectively aiding in the prevention and enforcement of common criminal offenses.
The Constitution of the INTERPOL strictly outlines the principles and limitations guiding the organization’s activities. It emphasizes that Interpol’s mission is strictly focused on facilitating international police cooperation to combat crime.
Article 3 mentions that ‘The Organization is strictly prohibited from engaging in any interventions or activities of a political, military, religious, or racial nature.’
It prohibits Interpol from engaging in any interventions or activities that have a political, military, religious, or racial character. This article underscores Interpol’s commitment to remaining neutral and impartial in its operations, ensuring that it operates solely within the realm of law enforcement and does not become involved in matters outside its mandate.
How INTERPOL Works
Interpol operates through a network of National Central Bureaus (NCBs) in each of its member countries, acting as the primary point of contact for law enforcement agencies within those countries.
Article 32
Article 32 of the INTERPOL constitution allows for the establishment of the NCBs. It states that :
In order to ensure the above cooperation, each country shall appoint a body that will serve as the National Central Bureau. It shall ensure liaison with:
- The various departments in the country;
- Those bodies in other countries serving as National Central Bureaus;
- The Organization’s General Secretariat.
The General Secretariat coordinates day-to-day activities to fight a range of crimes. In every nation, an Interpol National Central Bureau (NCB) serves as the primary liaison between the General Secretariat and other NCBs. Typically overseen by national police authorities, an NCB is typically located within the government department responsible for law enforcement.
Thus we can say INTERPOL provides a platform to connect all the police authorities of member countries to provide various relevant information on crime and criminals. It does not take any operational action in other countries.
In India, CBI (Central Bureau of Investigation) is the National Central Bureau for Interpol and coordinates all international police cooperation requirements of Indian law enforcement agencies via Interpol channels.
Various types of INTERPOL Notice:
How a person can be arrested by the INTERPOL ?
Interpol itself does not have the authority to arrest individuals. Instead, it serves as a facilitator of international police cooperation by providing support, information exchange, and coordination between law enforcement agencies across different countries.
When Interpol issues a Red Notice, it is essentially a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. However, it is up to the law enforcement agencies in each member country to decide whether to act on the notice and make an arrest based on their own legal procedures and requirements.
Ultimately, the decision to arrest an individual rests with the authorities in the country where the person is located, not with Interpol itself. Interpol’s role is to assist and facilitate cooperation between law enforcement agencies to ensure that individuals wanted for serious crimes can be located and brought to justice in accordance with national and international law.
Arrest of an Indian Citizen
If a Red Notice is issued against an Indian person then the INTERPOL cannot directly arrest that person as it does not have any legal authority to do so. It will request an Indian agency i.e. the CBI, to look into the matter. CBI after its investigation will decide whether to arrest the person or not.
The procedure to arrest a person under a Red Notice:
- Issuance of the Red Notice: Interpol issues a Red Notice at the request of a member country’s law enforcement agency. The notice contains information about the individual sought, including their identity, physical description, photograph, and details of the crime they are wanted for.
- Dissemination of the Red Notice: The Red Notice is distributed to Interpol’s member countries via its secure global police communications network. This will allow the CBI to access the information and take action if the individual is located within their jurisdiction.
- Identification and Location: If a law enforcement agency in a member country identifies the individual named in the Red Notice and confirms their location within their jurisdiction, they may take action to locate and arrest the person.
- Provisional Arrest: Upon locating the individual, the CBI may make a provisional arrest based on the Red Notice. This is typically done to prevent the person from fleeing before formal extradition proceedings can take place.
- Legal Proceedings: After the provisional arrest, the individual may be brought before a judicial authority in the country where they were arrested i.e. India. Legal proceedings will then follow to determine whether the person meets the requirements for extradition to the country that issued the Red Notice.
- Extradition Process: If the legal requirements for extradition are met, the extradition process will proceed according to the laws and procedures of the country where the individual was arrested. This may involve :
- formal extradition hearings,
- judicial review, and
- diplomatic processes between the countries involved.
- Return to Issuing Country: If extradition is approved, the individual will be returned to the country that issued the Red Notice to face prosecution or serve a sentence for the crimes they are accused of.
It’s important to note that the specific procedures for arresting a person under a Red Notice may vary depending on the laws and legal frameworks of the countries involved, as well as any extradition treaties or agreements between them. Additionally, individuals subject to a Red Notice have legal rights, including the right to challenge the validity of the notice and to seek legal representation during extradition proceedings.
Conclusion:
INTERPOL, as an international organization, does not possess its own police force, nor does it have the authority to make arrests, investigate crimes, or prosecute individuals. Instead, INTERPOL serves as a facilitator of international police cooperation, providing a platform for law enforcement agencies from its member countries to share information, exchange intelligence, and collaborate on transnational crime investigations.
INTERPOL operates primarily through its National Central Bureaus (NCBs) in each member country, which serve as points of contact for law enforcement agencies within their respective nations.
When INTERPOL issues a Red Notice, for example, it is essentially a request to law enforcement agencies worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. However, it is up to the law enforcement agencies in each member country to decide whether to act on the notice and make an arrest based on their own legal procedures and requirements.