Backstage of the INTERPOL: the nuances of international investigation
Backstage of the INTERPOL: the nuances of international investigation
Almost anybody knows about the INTERPOL from either criminal news or detective stories and movies. However, the general public is not always aware of what this institution is actually busy with, how it works and how people can appear on an international wanted list. Let’s discover this matter.
The International Criminal Police Organization (known widely as the INTERPOL) connects law enforcement bodies from different states to fight and prevent the spread of international delinquency [1]. The Organization coordinates police efforts by data processing with the INTERPOL’s information system, providing security forces with information to help them disclose and detain those involved in international crimes.
The jurisdiction of the INTERPOL covers all types of crimes. However, its members (as of 2023, it gathers 195 states worldwide [2]) can’t directly act as the police in the territory of its member states. Talking about the cooperation with Ukraine, our security forces have been working with foreign colleagues since 1990, when the National Central Bureau (the NCB) of the USSR appeared. In 1992, having become independent, Ukraine joined the INTERPOL as a full-scale member. Today, the National Police of Ukraine fulfils the functions of the NCB [3].
One of the INTERPOL’s main tasks is constant monitoring of the international flow of criminals. The member states have access to the INTERPOL’s databases, enabling them to check specific persons, their documents, and vehicles.
The INTERPOL practices a system of notifications and international requests for cooperation and information about a hazard, enabling its member states’ efficient exchange of information about criminals.
In general, there are eight types of such notifications, the so-called INTERPOL cards, with seven colors conditionally allocated to them:
- red – search for suspected/ accused/ condemned to the extradition;
- yellow – looking for lost persons or those unable to identify themselves;
- blue – collecting information on a person and his/her location in favor of a criminal proceeding (the object shouldn’t be compulsorily suspected or have any preventive measure imposed);
- black – unrecognized dead;
- green – potential criminals, recidivists, etc.;
- orange – warning on a severe danger to human property or health;
- purple – criminal schemes, weapons of crime, etc.
The eighth is a “separate card” covering persons, entities and companies under the sanctions of the UN Security Council.
Let’s focus on the card the INTERPOL issues most frequently – the red one.
Thus, upon a requirement of a member state, international court, or tribunal, the INTERPOL may issue a red announcement for a hiding person. Putting on the red list creates a range of unpleasant personal consequences, starting with hindrances in getting a visa and up to an actual detention. If briefly, this card is a specific signal for all member states to detain the respective person. Notably, the fact that a person receives the respective status in the INTERPOL’s database doesn’t prove this person’s guilt. It means only that a member state has issued a decision to arrest.
A red card might be published, for instance, if
- the offence is deemed a severe infringement of general law and is recognized as a crime by the majority of national jurisdictions;
- the search focuses on bringing to justice if a minimal penalty term is not less than 2 years in jail or on serving a sentence if the minimum punishment term is not less than 6 months of deprivation of liberty;
- the request meets the goals of the INTERPOL, serves the objectives of international cooperation, and doesn’t serve as a means of an unlawful prosecution, i.e. has no political, military, religious, or racial motives, doesn’t relate to administrative offences, private civil cases, etc.;
• the person is wanted according to the current legislation for holding accountable or completing the sentence;
• there is a valid arrest warrant issued as a court decision on detention as a measure of restraint.
Red card – is it forever? No. Having discovered any grounds for deleting the information from the database, one should apply at the INTERPOL, namely to one of its structural bodies – the Commission for the Control of the INTERPOL’s Files (CCF) with a respective request [4]. The CCF’s responsibility is to verify if the information on a wanted person is included and processed by the INTERPOL’s database according to the entity’s requirements. The CCF considers the petitions on access, correction, or deletion of the data on persons in the international wanted list and monitors who have issued and processed announcements, red ones included.
Notably, an individual may apply at the CCF to check if any of his/her details (namely, any cards) appear in the INTERPOL’s Information System. Having discovered oneself illegally included in the wanted list, a person can submit a well-grounded application to the CCF and ask to correct or delete the information.
In the
case of a positive reply to the application, the information in question will disappear, and the interested person will obtain a confirmation thereof. Moreover, the applicant will receive a notification on the further INTERPOL measures on the grounds of the respective application. If the CCF rejects to correct or delete the information, there is an option of re-consideration of the CCF’s resolution in case of appropriate grounds and meeting special requirements. Considering the appeal, the CCF may temporarily block notifications until its final decision appears.
A preventive appeal serves to prevent any unlawful tracing. Any person is entitled to submit a preventive appeal to the CCF. And if requested to include such an applicant’s data into its database, the INTERPOL shall pay strict attention to respect to human rights and consider if national law enforcement bodies haven’t misused the INTERPOL’s system. Meanwhile, for a comprehensive investigation of the circumstances, the CCF may send such an applicant a request for clarifications on the national law enforcement body’s inquiry before the final decision on satisfying or rejecting the respective application from the national security forces.
To summarize the above, the INTERPOL is essential for international security, law and justice and ensures cooperation between security forces worldwide to combat international crimes.
- What is INTERPOL? (Digital resource)//official web page of the INTERPOL – Access: https://www.interpol.int/Who-we-are/What-is-INTERPOL
- Member countries (Digital resource) // official web page of the INTERPOL – Access: https://www.interpol.int/Who-we-are/Member-countries
- The Decree by the Cabinet of Ministers of Ukraine of 25.03.1993 №220 “On the National Central Bureau of the INTERPOL” (Digital resource) // web-page of the Verkhovna Rada of Ukraine. – Access: https://zakon.rada.gov.ua/laws/show/220-93-%D0%BF#Text
- Commission for the Control of INTERPOL’s Files (CCF) (Digital resource) / official web page of the INTERPOL – Access: https://www.interpol.int/Who-we-are/Commission-for-the-Control-of-INTERPOL-s-Files-CCF