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AN OVERVIEW OF ORGANIZATION AND FUNCTIONS OF INTERPOL AS AN INTERNATIONAL LAW ENFORCEMENT AGENCY
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AN OVERVIEW OF ORGANIZATION
AND FUNCTIONS OF INTERPOL
AS AN INTERNATIONAL LAW ENFORCEMENT
AGENCY
AUTHORED BY - DR. SAMBEETA DABRAL
ABSTRACT
INTERPOL is one of the largest international
organization which is involved in the matters of transnational policing and
international police co-operation, to curb and control criminal activities
around the world. It possesses high degree of power with minimum
accountability. As per Sheptycki, INTERPOL is a ‘transnational organization
which is much mythologized and little understood.’[1] Among the public, there are
misconceptions about the legal status, power, role, membership, etc. of
INTERPOLE. The INTERPOL was initially recognised as the International Criminal
Police Commission (ICPC) but after the second world war, it was controlled by
the Nazi authorities. After the war got over, this organization was reformed
and later came to be known as International Criminal Police Organization
(ICPO-INTERPOL). Since then, several changes have been introduced but the
organization remains as an international body without a constitutive treaty.
This paper provides a clear picture about what
exactly is INTERPOL, its legal power and status across the world, its
structure, organization, membership, functions, modus operandi and the role it
plays globally in aiding in crime detection and prevention.
Keywords: ICPO-INTERPOL, International organization, National Central Bureaus, Instruments of INTERPOL, I-24/7
INTRODUCTION
The 20th century witnessed the onset of globalization phenomenon in business, trade, transportation,
banking, communication, traveling and it revolutionized the total array of human existence and
its activities. The criminals adopted this movement more easily, eagerly and effectively
than the common man. The birth of transnational criminal activity and international criminals was crystallized. Not that
such criminals were not existing earlier but what made the difference was the possibility of wide area networking and unbelievable pace of
mobility. The result is that the States bound by logistical, legal and sovereignty limitations have been left far
behind in controlling,
preventing and nabbing such criminals in the absence of co-operation from international agencies.
We are all aware that since last
couple of decades, number of accused of Mumbai bomb blast and
other cases left the country and our investigating agencies
made hectic
efforts to nab them. Also, accused in Rajeev Gandhi blast/assassination case, the
extortion operation accused belonging to Mumbai mafia, U.P mafia, Gujarat
mafia, etc. have made their operational headquarter in Dubai, Abu-Dhabi, Bangkok,
Malaysia, Singapore, Pakistan, Nepal and several other European countries but they are to be brought and tried
in Indian courts for the offences committed by them in
India. Similarly the
accused in bank scams, dowry harassment cases, fake-currency cases, criminal
cases, have absconded
abroad and the government took efforts to bring them back and
subject them to the process of law and trial and bring the cases to the logical end.
WHAT IS INTERPOL?
INTERPOL is an official International police
co-operation organization solely and permanently responsible to ensure
day-to-day International police co-operation. INTERPOL (or International Criminal Police
Organization) was created in 1923 to assist the member
countries by international
criminal police
co-operation. INTERPOL, once merely the organizations telegraphic address was
officially incorporated into the organization's new name adopted in 1956, prior to which it was known as the International Criminal
Police Commission. Now it is known as 'ICPO-INTERPOL’[2]
INTERPOL is the world's second largest international
organization, after
the United
Nations; it
currently has 195 member countries. It is financed by annual contributions of its member countries. As per the
Annual Report of INTERPOL, 2021 the total income generated in 2021 was 137
million Eur, where 62 million Eur was the statutory contribution made by its
member countries. The top donors in 2021 were United States of America,
Germany, Canada, United Kingdom. The Organization is headquartered in Lyon, France after moving from Saint Cloud, a town located in the vicinity of Paris. The currently serving president of INTERPOL is Ahmed Naser
Al Raisi of the United Arab Emirates. The current Secretary General is Jurgen Stock of Germany who was appointed by the 83rd General
Assembly session in Monaco in November 2014. He was reappointed in 2019 to serve a
second five-year term by the 88th General Assembly in Chile.
Because of the politically neutral
role INTERPOL must play, its Constitution forbids any involvement in
crimes that do not overlap several member countries, or any political,
military, religious, or racial crimes. Its work focuses primarily on public
safety and terrorism, organized crime, illicit
drug production and drug trafficking, weapons smuggling, trafficking in human beings, money laundering, child pornography, financial and high-tech crime, and corruption.
In October 2001, the INTERPOL General Secretariat employed a staff
of 384, representing 54 different countries. That same month, INTERPOL began to change from a 9 to 5 agency to a 24-hour agency. In 2001, some 1,400 people were arrested or located as a result of INTERPOL notices.
History of INTERPOL
INTERPOL was founded in Austria in 1923 as the International Criminal Police Commission. The
organization came under control of Nazi Germany when Germany declared the Anschluss (political union between Germany and
Austria). The staff and facilities of INTERPOL were utilized as an information
gathering unit for the Gestapo, until the Nazi regime fell to Allied
forces. Senior
military officials from Belgium, France, Scandinavia and the United Kingdom reorganized INTERPOL into today's organization.[3]
The Emblem:
a) A representation of the globe to indicate that INTERPOL's activities are worldwide
b) Olive branches either side of the
globe to symbolize peace
c) The name 'INTERPOL ' below the globe in the centre of
the olive branches
d) A vertical sword behind the globe,
representing police action
e) The abbreviations 'OIPC' and
'ICPO' above the globe either side of the sword
f) The scales below the olive
branches symbolize justice
Methodology
Each member country maintains a National
Central Bureau (NCB)
staffed by national law enforcement officers. The NCB is the designated
contact point for the INTERPOL General Secretariat, regional
bureaus and other member countries requiring assistance with overseas
investigations and the location and apprehension of fugitives. This is
especially important in countries which have many law-enforcement agencies; this central bureau is a unique
point of contact for foreign entities, which may not understand the complexity
of the law-enforcement system of the country they attempt to contact. For
instance, the NCB for the United States of America is housed at the United States Department of Justice (DOJ). The NCB will then ensure the
proper transmission of information to the correct agency.
INTERPOL maintains a large database charting
unsolved crimes and both convicted and alleged criminals. At any time, a member
nation has access to specific sections of the database and its police forces
are encouraged to check information held by INTERPOL whenever a major crime is committed.
The rationale behind this is that drugs
traffickers and
similar criminals have international ties, and so it is likely that crimes will extend beyond
political boundaries.
Since 2002, INTERPOL has also been maintaining a database
of lost and stolen identification and travel documents allowing member
countries to validate whether a document issued by another country has been invalidated by the
issuing authority due to its being reported missing or stolen. Passport fraud for
example is often committed by altering a stolen passport, thus several countries are
working on integrating online queries to this database into their standard
border control procedures to help identify fraudulent passports from foreign
countries when those passports are presented to immigration officials at
airports and border checkpoints. As of early 2006, the database contained over
ten million identification items reported lost or stolen and is expected to
grow even more as more countries join the list of those reporting into the
database.
A member nation's police force can
contact one or more member nations by sending a message relayed through INTERPOL. Contrary to what has been featured
in some works of fiction, INTERPOL officers do not directly conduct
inquiries in member countries.
The
INTERPOL aims to
facilitate International police co-operation even where diplomatic relations do
not exist between particular countries. Action is taken within the limits of
existing laws in different countries and in the spirit of the Universal
Declaration of Human Rights. INTERPOL’s constitution prohibits ‘any intervention or
activities of a political, military, religious or racial character.
Need for INTERPOL
As we all know that each country in the world has a power of sovereignty
over its territory and any person present in its territory enjoys the fruits of
sovereignty according to his legal status. In every country, there are two types of people,
firstly its own citizens
(as per the law of citizenship) and secondly those who have temporarily been
permitted to stay in that country. Such temporary citizens also enjoy some territorial
rights and it is not easy to get them. Therefore, INTERPOL acts as a co-coordinating agency
between the countries to secure the guilty person and help the course of law to
justice.[4]
Structure OF INTERPOL
As defined in Article 5 of its Constitution, INTERPOL (whose correct full name is 'The
International Criminal Police Organization – INTERPOL’) comprises the following:
1. General Assembly
2. Executive Committee
3. General Secretariat
4. National Central Bureaus
5. Advisers
1. General Assembly: The General Assembly (GA) is the supreme governing body of INTERPOL. It formulates general policies and
takes all decisions regarding resources needed for international cooperation, working
methods, finances and program of activities. The GA meets only once a year.
2. Executive Committee: The Executive Committee (EC) consisting of 13 members
elected by member countries in GA ensures that GA decisions are implemented. It
supervises the management of the General Secretariat.
3. General Secretariat: The General Secretariat (GS) is the permanent administrative
and technical body through which INTERPOL operates. GS is located in Lyon,
France; the General Secretariat operates 24 hours a day, 365 days a year and is
run by the Secretary General. Officials from more than 80 countries work
side-by-side in any of the organization’s four official languages: Arabic,
English, French and Spanish. The Secretariat has six regional offices, and a
liaison office at the United Nations in New York. The GS performs following
tasks, which are useful for our purposes:
(a) It directs and co-ordinates
actions designed to combat International crimes.
(b) It centralizes information on
crime and Criminals.
(c) It maintains contact with
national and International authorities.
4. National Central Bureaus (NCB): Each INTERPOL member country maintains a National Central
Bureau staffed by national law enforcement officers. The NCB is the designated
contact point for the General Secretariat, regional offices and other member
countries requiring assistance with overseas investigations and the location
and apprehension of fugitives. Thus, The NCBs are national bodies, which are
responsible for liaison between the member countries and with the General
Secretariat. In India CBI is designated as NCB.
5. Advisers:
these are experts in a purely advisory capacity who may be appointed by the
Executive Committee and confirmed by the General Assembly.[5]
INTERPOL Liaison Officers (ILOs)
The
NCB-CBI has asked the
Home Department of each State in India to earmark a small Cell in particular police organization
exclusively to deal with matters related to INTERPOL. In each State, normally the Crime
Investigation Department has been asked to create the INTERPOL Cell and nominate an officer in the
rank of S.P/D.I.G/I.G.P to co-ordinate the matters of INTERPOL interest between the State and the NCB.
Therefore, the channel of communication to be followed is:
1.
State
C.I.D
2.
N.C.B:
C.B.I
3.
INTERPOL
4.
Local
Police Units
Responsibilities of INTERPOL
INTERPOL has primarily taken responsibility in three areas, in directing and co-coordinating the
actions designed to combat International crimes. They are-
1. Locating a fugitive wanted criminals if he has left the country;
2. Locating missing persons,
property, unidentified dead bodies etc.;
INSTUMENTS of INTERPOL
International notices are the main
instruments of International police co-operation. These notices are usually
published by the General Secretariat of the ICPO-INTERPOL at the request of a National Central
Bureau. The General Secretariat may however, publish blue or green notices on
its own initiative. After publication, these notices are circulated to all
the NCBs. The purpose of these notices is to supply to the police services of
member countries, through their NCBs, certain information about persons or
objects. The different types of notices and their objectives are:
l Red Notice
To seek the arrest or provisional arrest of wanted persons with a view to extradition.
To seek the arrest or provisional arrest of wanted persons with a view to extradition.
l Yellow Notice
To help locate missing persons, often minors, or to help identify persons who are unable to identify themselves.
To help locate missing persons, often minors, or to help identify persons who are unable to identify themselves.
l Blue Notice
To collect additional information about a person’s identity or activities in relation to a crime.
To collect additional information about a person’s identity or activities in relation to a crime.
l Black Notice
To seek information on unidentified bodies.
To seek information on unidentified bodies.
l Green Notice
To provide warnings and Criminal intelligence about persons who have committed Criminal offences and are likely to repeat these crimes in other countries.
To provide warnings and Criminal intelligence about persons who have committed Criminal offences and are likely to repeat these crimes in other countries.
l Orange Notice
To warn police, public entities and other International organizations about potential threats from disguised weapons, parcel bombs and other dangerous materials.
To warn police, public entities and other International organizations about potential threats from disguised weapons, parcel bombs and other dangerous materials.
l INTERPOL - United Nations Special Notice
Issued for groups and individuals who are the targets of UN sanctions against Al-Qaeda and the Taliban.
Issued for groups and individuals who are the targets of UN sanctions against Al-Qaeda and the Taliban.
Another useful tool in the apprehension
of fugitives is the ‘diffusion’, a wanted person’s message sent by NCBs through
I-24/7. Unlike the more formal notice, diffusion can be sent immediately by an
NCB to some or all INTERPOL member countries. For all these notices, there is a fixed proforma, designed and prescribed by INTERPOL. If the notices are sent in this Proforma, then only it will be accepted
and further disseminated to other member countries through their
co-coordinating agencies. Let us know more about some of these notices and
their applicability:[7]
A Series – Red Corner Notices (RCS)
These notices are also known as
‘wanted notices’ for the offenders are wanted at the international level. The publication
of A Series notice
should only be requested if all the following conditions are fulfilled-
1. The person against whom the notice
is to be published has committed an offence under ordinary criminal law.
2. The offence is an ‘extraditable
offence’ under the Indian Extradition Act, 1962.
3. A warrant of arrest has been
issued for his/her arrest.
4. Extradition will be requested on
his apprehension.
If any of these conditions are not
satisfied, a B Series Notice
should probably be requested.
If a person whether an Indian or a
foreigner has committed an offence in India and is subsequently believed to
have absconded to a foreign Country, a request can be made by the concerned
police authorities etc. to the INTERPOL Wing of the CBI for publication of
an ‘A’ series (red) notice against that person provided all the conditions are
satisfied. At the time of making such a request, effort should be taken to furnish maximum information as
mentioned under-
a) Complete personal particular of
the person wanted i.e. full name, date and place of birth, parentage, family
status, name of spouse, occupation, nationality, complete passport details,
aliases and nicknames, address/ addresses, etc.;
b) Descriptive particulars i.e.
height, color of eyes, color of hair, beard, forehead, nose, chin, ears, face
(shape), distinguishing identification marks (tattoos, scars, amputations,
etc.);
c) Three copies of photograph and
fingerprints. Since photograph and fingerprints cannot be reproduced
satisfactorily unless they are of high resolution, original photograph and
fingerprints should be sent wherever possible. These can be returned on request;
d) Languages spoken;
e) Previous convictions, if any;
f) A short account of the
circumstances of the case in which he/she is wanted including full details of
the charge(s);
g) The name of the court that issued the warrant, date
and number of the warrant of arrest;
h) An assurance that extradition will
be requested (if arrested anywhere in the world or at least in certain
countries);
i) The names of the countries from which
extradition will be requested.
If the wanted person is found and/or
arrested in India or if the extradition has taken place, the INTERPOL Wing should be immediately informed
so that the General Secretariat can be requested to publish a cancellation notice, if the person is no
longer wanted by the judicial authorities.
B Series - Blue Notices
B Series notices are also called ‘Enquiry Notices’ and may be issued in order to
have some one identified, verified or obtain particulars of a person’s criminal record or locate some
identified or unidentified international criminal, whose extradition may be requested. If it is
considered necessary to make a request for publication of a ‘B’ series (blue)
notice against any person for any of the reasons mentioned above, the
requesting authorities should furnish the detailed information. If the notice
is required to be published in respect of a missing person, the detailed
account of disappearance of that person should also be mentioned. Once the
notice is considered to be no longer valid, INTERPOL Wing, CBI should be notified for
issue of a cancellation notice.
C Series - Green Notices
The purpose of C Series notice is to give information about
persons who have committed or are likely to commit offences affecting countries.
This notice is sent to member countries to verify whether such offenders are
present in their territory. For INTERPOL purposes, an international criminal is some one who is known in
his country as a habitual offender and operating in different countries or
operating in at least two other countries. So, the request for publication of a
C
Series notice should be made only about
important international criminals and not about any other criminal. The degree of gravity of
their convictions and the nature of offences committed by them should be
assessed. It should also be considered whether the criminal is or may be a member of a
gang of international criminals. Green notices are not cancelled except in special circumstances
or when the person concerned dies.
D Series - Black Notices
The D Series notices are used to circulate
information about unidentified dead bodies or deceased persons who were
probably using false identities and are not identifiable with available
records. A request for D Series notices must be accompanied with-
1. Three copies of photographs of the
entire body;
2. If possible, finger prints;
3. Date, Place and circumstances of
recovery of the body;
4. Description of distinguishing
features such as tattoos, dental chart etc.;
5. Description of clothes, objects
worn or carried by the victim.
If the deceased person is identified
or if the identification is no longer necessary, cancellation of the notice
should be requested.
E Series - Stolen Property Notices
These notices are published with a
view to circulate information about the stolen properties or about objects
found in circumstances, which suggest that these may have been acquired
illegally. Such objects may include cultural properties such as – Idols,
antiquities, paintings etc. Publication of this notice be requested only
if the stolen property
has considerable cultural or commercial value and it can be satisfactorily
identified from a description or a photograph or identification number or
identification markings. The request must contain maximum of the following
information-
1. Date and place (address) of theft;
2. Place of theft: (museum, temple,
church, palace, private house, art gallery, etc.);
3. Type of security system protecting
the building and the stolen object. Was the system rendered inoperative by the
thief?;
4. Modus operandi (during the day, at
night, by climbing, by using duplicate keys, by breaking and entering, by using
violence or weapons, theft by trickery or using forged documents, etc.);
5. Other information concerning the
case including any information which may assist in identifying the offenders;
6. Nature of the stolen object
(painting, sculpture, drawing, statue, engraving, gold/silver objects, books
and manuscript, etc.);
7. Detailed and accurate description
of the object. Any diagram or photograph and particulars of the dimensions of
the stolen object should be sent so that the information contained in the
notice may be as comprehensive as possible;
As soon as a stolen object is
recovered, the fact of recovery should be reported so that the General
Secretariat of the ICPO-INTERPOL can be asked to cancel the relevant
notice or portion of a notice.
F Series - Yellow Notice
This notice is used to identify
missing persons who are supposedly alive, but they are unable to identify
herself/himself. It means that persons who are to be located through this
notice are either insane or in all likelihood might have lost their memory. In this
circumstance, it becomes very essential to furnish as much information as
prescribed in the Proforma to avoid any kind of mis-identification.
G Series - Modus Operandi Sheets
This is a notice which is circulated
by IPOL from compiled data from various countries. The purpose of modus
operandi notices is to notify the NCBs and through them, their police forces
and law enforcement agencies, of certain modus operandi procedures and hiding
places used by criminals and to centralize information at the General Secretariat about
similar methods used in different parts of the world and then circulate this
information to the NCBs. The police departments and other law enforcement
agencies should inform the INTERPOL Wing of any interesting methods used
by criminals that
comes to their notice during their investigations. The modus operandi should
be completely described and photographs should be sent if they are useful.
A copy of each notice prototype is
available at INTERPOL Global Communications System 24/7 installed at INTERPOL Wing, CBI.[8]
INTERPOL - United
Nations Security Council Special Notices
In 2005, upon the request of the
United Nations Security Council, an INTERPOL-United Nations Special Notice was
created to support the United Nations Security Council in the fight against
terrorism. The Security Council adopted several resolutions relating to this
fight; 1267 (1999), 1333 (2000), 1390 (2002) and 1455 (2003).
The United Nations Security Council requested through the adoption of Resolution 1617 on 29 July 2005 that the United
Nations Secretary General take the necessary steps to increase co-operation
between the United Nations and INTERPOL in order to provide the Committee
established pursuant to Resolution 1267 (1999) with better tools to fulfill
its mandate more effectively.
The General Assembly of
INTERPOL welcomed UN
Security Council Resolution 1617 through the passage of Resolution AG-2005-RES-05 and approved that INTERPOL’s General Secretariat devise ways to
increase co-operation with the United Nations in the fight against terrorist
acts by Al Qaeda and the Taliban and associated individuals and entities and that for that purpose the INTERPOL General Secretariat created a special notice.
The INTERPOL-United Nations Special Notice is
issued for groups and individuals associated with Al Qaeda and the Taliban listed by the
1267 Committee’s (1267’s Committee list) of the United Nations Security
Council and subject to sanctions through the freezing of assets, travel bans
and arms embargoes . It has two functions. First, it alerts law enforcement
officers at the operational level of those who are the subject of UN’s
anti-terrorism sanctions. Second, it constitutes a request to each law
enforcement authority to co-operate with INTERPOL and the UN by undertaking the
actions specified in the notice against the person concerned. Details of
individuals on the UN Al Qaeda/Taliban Committee list and subject to
anti-terrorism sanctions will be circulated to police around the globe via the
new notice.
If any member of the public has any
information about any groups or individuals who are the objects of the INTERPOL-United Nations Special Notice, they
should not contact the General Secretariat directly but contact the police in
the place where the individual or the group has been located or identified.
This notice shall not be used to be prejudicial to the fundamental rights of
the individuals and the rights of the groups. Any unauthorized alteration of
any portion of INTERPOL-United Nations Special Notice is considered as a violation
and subject to legal prosecution.[9]
Cases:
Purulia Case: Peter bleach ready to return to India
British arms dealer Peter Bleach, who
spent eight years in a Kolkata jail in the Purulia arms dropping case, has said
he was willing to go back to India to give evidence against the ringleader in
the case, Kim Davy.
He told the Yorkshire Post: "All
I know is that Kim Davy was the one who wanted the arms. The whole point was to
find out who he wanted them for which is why I phoned the British
government."
Following an agreement between India
and Denmark on extradition terms, Kim Davy would be tried in India, but serve
any jail sentence back in Denmark. Bleach, now 56, was arrested at Bombay
Airport in 1995 over an attempt to parachute an arsenal of weapons in Purulia.
He was jailed for life on gun-running charges along with the Latvian crew of
his Russian Antonov transport aircraft but was pardoned in 2004. It followed a
long running campaign for his release after confidential documents were
released in media proving Bleach had tipped off the UK government about the
drop and had even been interviewed about it before hand by Special Branch
Officers at Scarborough Police station.
The Central Bureau of Investigation
traced Kim Davy, who Bleach alleged was the front-man for the arms buyers, to
Denmark six years ago. He was made a proclaimed offender by the Indian courts,
allowing them to seize his assets and was also the subject of an INTERPOL alert, stating he should be arrested
on sight.
But extradition has been delayed by
the failure to agree on terms, particularly to allow him to serve any sentence
in a Danish jail. India announced that Denmark was shortly to be informed that
all the eight conditions set for the extradition of Kim Davy had been accepted.[10]
Nitish Katara case: Bharti Yadav to appear before Court on November 25, 2006
Bharti Yadav, one of the prime
witnesses in the 2001 Nitish Katara murder case, on informed a trial court that
she will appear before it on November 25 and depose. Earlier, a Delhi Court had granted her more time to
appear before it. Bharti has been avoiding her deposition on one ground or the
other for several months. Additional Sessions Judge Ravinder Kaur had directed
Bharti in July to appear before her court by September 28, failing which she
might be declared a proclaimed offender.
On September 22, Bharti's plea to
depose before a court through video conferencing was dismissed by the Supreme
Court. In her petition filed before the apex court in July, Bharti had
expressed her desire to depose before a trial court through video conference.
Prior to that request, a proclamation notice had been issued against Bharti by
a trial court in July. A Red-Corner notice was also sent to INTERPOL to trace her whereabouts in Britain
after she did not respond to the non-bailable warrants issued against her.
Bharti had sent a fax from London,
where she is supposedly staying since July 2003, to the Patiala House Court on July 22, in which she
expressed her willingness to issue a statement as evidence through a video
conference. The case has been pending since then.[11]
Co-operation Agreements
Co-operation agreements with other international organizations
INTERPOL has established strong relationships
with a wide variety of international, inter-governmental and non-governmental
organizations acting in
different fields of interest of the organization. In order to provide a
clear legal basis for working together, INTERPOL has concluded a number of
co-operation agreements with these day-to-day partners.
Police co-operation agreements
The development of a model police
co-operation agreement is a concept which has quite naturally gained ground
within INTERPOL. Indeed, it seems obvious that the Organization should
provide its member countries with the legal tools they need to facilitate co-operation
they initiate bilaterally. A model agreement has therefore been compiled on the basis of numerous
studies, which reflects a wealth of experience in international police co-operation. In
adopting this instrument, in particular for those member States which have not
yet developed this form of co-operation to a large extent, the organization is fulfilling its role as
set out in the Constitution, namely 'to ensure and promote the
widest possible mutual assistance between all criminal police authorities and to
establish and develop all institutions likely to contribute effectively to the
prevention and suppression of ordinary law crimes'.[12]
functions OF
INTERPOL
INTERPOL’s activities are all
based on the following three core functions:
1) To secure global police communications services
The
ability of police to exchange crucial data quickly and securely is a
cornerstone of effective international
law enforcement. This is why INTERPOL
developed the I-24/7
global police communications system. The system connects the INTERPOL General Secretariat in
Lyon, France, National
Central Bureaus (NCBs) in member countries and
regional offices, creating a global network for the exchange of police
information and providing law enforcement authorities in member countries with
instant access to the organization’s databases and other services.
Member
countries can also choose to grant consultative access to authorized law
enforcement entities outside of NCBs such as border control units or customs
officials.
INTERPOL continues to develop new
services and training programs to ensure that users are able to make full use
of the I-24/7 system. In
December 2005, 178 countries and 24 additional sites,
including INTERPOL
Sub-Regional Bureaus in Argentina, Côte d’Ivoire, El Salvador, Kenya, Thailand
and Zimbabwe and the United Nations Mission in Kosovo, were connected. For
countries unable to connect because of technical or financial limitations, a
sophisticated, cost-efficient satellite system is in place to enable all member
countries to be active participants of the International law enforcement community.[13]
INTERPOL’s global police communications
system: I-24/7: One of INTERPOL’s core functions is to
enable the world’s police to exchange information securely and rapidly. The
organization’s I-24/7 global police communications system connects law enforcement
officials in all the member countries and
provides them with the means to share crucial information on Criminals and
Criminal activities.
As the criminals and criminal organizations are typically
involved in multiple activities, I-24/7 can fundamentally change the way law
enforcement authorities around the world work together. Pieces of seemingly
unrelated information can help create a picture and solve a trans-national
Criminal investigation. Using I-24/7, NCBs can search and cross-check data in a
matter of seconds, with direct access to databases containing information on
suspected terrorists, wanted persons, fingerprints, DNA profiles, lost or
stolen travel documents, stolen motor vehicles, stolen works of art, etc. These
multiple resources provide police with instant access to potentially important
information facilitating Criminal investigations.
I-24/7
system also enables member countries to access each others’ national databases
using a business-to-business (B2B) connection. Member countries manage and
maintain their own national Criminal data. They also have the option to make it
accessible to the International law enforcement community through I-24/7. Although I-24/7 is initially
installed in NCBs, INTERPOL is
encouraging member countries to extend their connections to national law
enforcement entities such as border police, customs and immigration, etc. NCBs
control the level of access other authorized users have to INTERPOL services and can request
to be informed of enquiries made to their national databases by other
countries.[14]
2) To operate data services and databases for police
To
fight international
crime, police need access to information which can assist investigations or
help prevent crime. INTERPOL
manages several databases accessible
to the INTERPOL
bureaus in all member countries through its I-24/7
communications system, which contain critical information about the criminals and criminality. These include-
b)
Nominal data on Criminals (names, photos)
e)
Lost or stolen travel documents
f)
Child sexual abuse images
3) To operate police support services
INTERPOL seeks to enhance the role
of NCBs and regional offices and increase the General Secretariat’s
responsiveness to their needs. This includes the development of emergency
support and operational activities centered on the organization’s priority crime
areas: fugitives, public
safety and terrorism, drugs and organized crime, trafficking in human
beings and financial
and high-tech crime.
The Command and Co-ordination
Centre (CCC) operates round the clock in all of INTERPOL’s four official languages
(English, French, Spanish and Arabic) and serves as the first point of contact
for any member Country faced with a crisis situation. The CCC staff monitors
news channels and INTERPOL
messages exchanged between member countries to ensure the full resources of the
organization are ready and available whenever and wherever they may be needed.
If a terrorist attack or natural disaster does occur, the CCC and the Crisis
Support Group mobilize to offer and co-ordinate the organization’s response.
All messages and requests for information and assistance from the affected
member countries are treated with the highest priority.
In
addition, Incident
Response Teams or Disaster
Victim Identification teams composed of officers from the
General Secretariat and member countries can be dispatched to the scene within
hours of an event. The CCC can also assume a co-ordination role if an attack or
disaster involves several member countries or if a member Country’s own ability
to do so has been compromised.
Another
component of this core function is the INTERPOL notice system, which serves to alert
police of fugitives, suspected terrorists, dangerous Criminals, missing persons
or weapons threats. There are currently six color coded notices – Red,
Blue, Green, Yellow, Black and Orange and the INTERPOL-United Nations Special
Notice issued for groups or individuals who are the targets
of UN sanctions against Al Qaeda and the Taliban.
The Criminal Analysis Unit
contributes to investigations by assisting officers working at the General
Secretariat and in member countries with research and analysis on crime trends.
The unit also provides training courses in criminal analysis techniques for member
countries. INTERPOL initiates and coordinates
many police training programs covering different priority crime areas, and
aimed at enhancing the capacity of member States to combat international crime. The courses are
open to Law Enforcement Agencies.[16]
The Command
and Co-ordination
Centre
(C.C.C.)
The
Command and Co-ordination Centre links the INTERPOL General Secretariat,
National Central Bureaus in all its member countries and
regional offices. It operates round the clock in all of INTERPOL’s four official languages
and serves as the first point of contact for any member Country faced with a
crisis situation.[17]
Criminal
Intelligence Analysis (C.I.A. )
Criminal
Intelligence Analysis (sometimes called Crime Analysis) has been recognized by
law enforcement as a useful support tool successfully used within the
International community. Within the last decade, the role and position of
Criminal Intelligence Analysis in the global law enforcement community has
fundamentally changed. Whereas previously there were a few key countries acting
as forerunners and promoters of the discipline, more and more countries have
implemented analytical techniques within their police forces. International
organizations, such as INTERPOL,
Europol and the International Criminal Tribunal for the Former Yugoslavia
(ICTY), all have Criminal Intelligence Analysts among their personnel. The
techniques are also widely used within private sector organizations.[18]
There
are many definitions of Criminal Intelligence Analysis in use throughout the
world. The one definition agreed in June 1992 by an International group of
twelve European INTERPOL
member countries and subsequently adopted by other countries is: “The
identification of and provision of insight into the relationship between crime
data and other potentially relevant data with a view to police and judicial
practice”.
The
central task of Analysis is to help officials - law enforcers, policy makers,
and decision makers deal more effectively with uncertainty, to provide timely
warning of threats, and to support operational activity by analyzing crime.
Incident response teams
In the aftermath of a terrorist act
or natural disaster and in order to maximize the assistance which can be
provided by INTERPOL, member countries are requested to send information about
the incident to the General Secretariat. Member countries are also requested to
report any pertinent developments to INTERPOL and concerned member countries.
Member countries may also request the assistance of INTERPOL incident response teams which
consist of personnel who can provide a range of investigative and analytical
support at the incident site in co-ordination with the General Secretariat,
such as-
a) Issuing International notices for
fugitive terrorists whose arrests are required by the member countries;
b) Database queries of fingerprints
to quickly identify the suspects;
c) Access to the database of fake or
stolen travel documents;
d) Money laundering expertise;
e) Co-ordination of response to
disaster victim identification through a wide network of International experts
and laboratories.[19]
INTERPOL’s NCB Regional activities
Following are the activities which
are carried out by the N.C.B. of the INTERPOL-
1) NCB Services & I-24/7 development
directorates
The detailed description of
activities carried out by the
Directorate, are;
a) To ensure that the INTERPOL maintains and enhances its
leadership in global police communications and meets the International police
cooperation expectations of its member countries by working in close
collaboration with NCBs;
b) To supervise the co-ordination of
all organizational activities related to the maintenance and support of the
I-24/7 global communications system;
c) To help promote based on the
requirements identified by member countries, the use of databases and data
services by undertaking the appropriate measures;
d) To continuously assess the levels
of data management at NCBs and recommend initiatives and steps needed to expand
them; assess the resources available and needed, as well as the training
required for optimizing the use of databases and data services;
e) To increase the level of automated
data management;
f) To maintain and develop NCB
service standards;
g) To promote best practice in all
areas of police activities;
h) To be involved in crime programs
and crime support programs by tasking its staff to participate in project
activities under these programs;
i) To determine the content of
regional conferences in close co-operation with the concerned components at the
General Secretariat and member countries;
j) To inform crime program managers
on training requirements in their areas;
k) To support the activities of the
Command and Co-ordination Centre when requested on a case-by-case basis, by
liaising with member countries.
2) Exchange of good
practice between NCBs
After the 17 service standards were
laid down at the 63rd General Assembly in 1994 in Rome, member countries
suggested a mechanism for the implementation of the service. The European
region adopted a peer evaluation mechanism in 1999 in order to implement the
service standards. The evaluation yielded a number of positive results, ranging
from the enhancement of the status of NCBs to the allocation of additional
resources. Discussions with member countries in many INTERPOL forums on the European mechanism have
generated strong support. It is against this backdrop that the exchange of good
practice between NCBs would be extended to other regions based on different
processes to be adopted for each region. The process for each region will have
to be agreed on by the region concerned. The process will commence with a pilot
scheme, in which requests for volunteer NCBs to participate in the exchange of
good practice will be made. In addition, the 74rd General Assembly in Cancun
adopted a revised version of the service standards. The new 24 service
standards will constitute the basis for this project.
Principle objective:
a) To observe the minimum service
standards those are required for their effective operation;
b) To Enhance the status of NCBs; and
c) To obtain additional resources for
NCBs.
The organization has a number of
databases in place which are made available to NCBs. Member countries will be
encouraged to proactively use the existing and new databases that INTERPOL provides or will provide and to
regularly enter information into the databases. One of the major activities to
be done is to determine the current use of INTERPOL databases by NCBs and Sub-Regional
Bureaus (192 entities).
3) Promoting the use of INTERPOL databases
The organization has a number of
databases in place which are made available to NCBs. Member countries will be
encouraged to proactively use the existing and new databases that INTERPOL provides or will provide and to
regularly enter information into the databases. One of the major activities to be done is to
determine the current use of INTERPOL databases by NCBs and Sub-Regional
Bureaus.
Principle objective:
a) The objective is to have all NCBs
input and search for data from existing specialized INTERPOL databases (stolen motor vehicles,
stolen travel documents, etc.);
b) In order to achieve this, data
available internally at the General Secretariat will be regularly analysed. The
pattern of the exchange of messages through I-24/7 and the use of ASF databases
should reveal the most active and least active users of INTERPOL services;
c) A further study of data available
at NCBs will be made through the exchange of best practice between NCBs to
identify obstacles that exist which prevent the maximum use of INTERPOL services by some NCBs.
4) To have contact between General Secretariat and NCBs
INTERPOL's third core function is operational
police support services. As a primary point of contact between the General
Secretariat and NCBs, member countries will receive responses to their requests
for specialized knowledge of and expertise in crime issues including the provision of
information on high-profile regional and global crime threats. Training and
investigative support will be provided to NCBs; they will also be kept in
contact with the persons responsible for specialized crime projects and the
Command and Co-ordination Centre.
Principal objective:
a) To respond as quickly as possible
to inquiries from NCBs addressed to the General Secretariat;
b) To intervene on behalf of an NCB
when it is having difficulty receiving a response from another NCB;
c) To serve as a link between NCBs
and persons responsible for programs and projects at the General Secretariat.
5) To train the NCB staff
Periodic training for NCB staff was
interrupted during the implementation of I-24/7 to devote specific training on
the new system. There is a need to re-start this training in order to enhance
the knowledge of INTERPOL policies and the process of International police
co-operation to NCB staff.
Principal objective:
The principal objective is to
identify needs and to assist in the implementation of NCB training programs,
and co-ordinate the training needs of member countries.
Outcome:
To make sure new and existing NCB
staffs are well informed and fully aware of-
a) The role and function of NCBs;
INTERPOL Group of Experts on
Corruption (IGEC)
INTERPOL first became actively involved in
initiatives to curb corruption in April 1998, when its General Secretariat
hosted the First International Conference on Corruption-Related Crimes in Lyon,
France. During this Conference it was recommended to establish an INTERPOL Group of Experts on Corruption
(IGEC), mandated to develop and implement an anti-corruption strategy, with the
objective of not only raising awareness of the major issues, but primarily to
improve law enforcement's ability and effectiveness in the fight against
corruption. This proposal was unanimously endorsed and adopted by the
participants of this Conference. Corruption is any course of action or failure
to act by individuals or organizations, public or private, in violation of law
or trust of profit or gain. The mission statement of Interpol Group of Experts on Corruption is- 'We believe
in a free and just society. To be truly just, society must embrace high
standards of integrity and openly resist corruption. To this end we join with
the community to ensure such standards and accept responsibility to fight all
forms of corruption through education, prevention, and effective law
enforcement.'[21]
CONCLUSION
INTERPOL has since its
constitution showcased extraordinary commitment to bring change in the criminal
system of its member countries. It has brought in new rules to protect the
refugees and has brought in a robust complain mechanism. Moreover, its
constitution mandates that it shall not engage in political cases and it shall
respect the principles of Universal Declaration of Human Rights (UDHR). The
INTERPOL enjoys the status of efficiently managing and controlling
international crimes and criminals. Over the past few decades, it has grown
structurally and functionally and reaffirmed its position in the field of
transnational policing. At present, the
legal framework of INTERPOL includes-
l Constitution of
ICPO-INTERPOL
l Finantial and General
Regulations
l Rules of processing of
Data
l Rules of Executive
Committee
l Rules of General Assembly
l Statute CCF
[1] Sheptycki,
James. 2017b. Transnational Organization, Transnational Law and the Ambiguity
of Interpol in a World Ruled with Law. Brill Research Perspectives in
Transnational Crime 2–3: 65–86
[6] Supra note 3
[9] Official Website of INTERPOL, http://www.INTERPOL.int/INTERPOL - United Nations special Notices.htm
[10]https://www.hindustantimes.com/india/bharti-yadav-returns-finally/story SyiSOeB56pbpIRM8Q5E6XO.html
[11] by ANI, Friday October 6, 05:44 PM, Yahoo! India News
Stories
[12] Official Website of INTERPOL, http://www.INTERPOL.int/Legal Materials - Co-operation Agreements.htm
[14] Official Website of INTERPOL, http://www.INTERPOL.int/INTERPOL’s global police communications system.htm
[15]
Official Website of INTERPOL,
http://www.INTERPOL.int/Core functions -
Databases and services.htm
[16] Official Website of INTERPOL, http://www.INTERPOL.int/Core functions - Operational police support.htm
[21] Official Website of INTERPOL, http://www.INTERPOL.int/Mission statement of the INTERPOL Group of Experts on Corruption (IGEC).htm
Article Information
AN OVERVIEW OF ORGANIZATION AND FUNCTIONS OF INTERPOL AS AN INTERNATIONAL LAW ENFORCEMENT AGENCY
Authors: DR. SAMBEETA DABRAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/26
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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