The International Criminal Police Organisation, or Interpol, is perhaps the most well-known yet least-understood organisation, wrote Interpol Secretary General Jürgen Stock just three months ago.
Interpol was created to help police connect the dots in investigations that increasingly extend beyond national borders.
Today, Interpol has 19 global databases containing some 125 million records, which Stock claimed to have been searched on average 200 times per second.
Interpol’s colour-coded Notices system, of which the Red Notice is the best known, enables countries to share alerts and requests for information worldwide. Much of what is written though is often misinformed, misleading or simply false.
Contrary to popular belief, a Red Notice is not an international arrest warrant.
It is a request for law enforcement globally to identify, locate and arrest an individual, with each country deciding what action it will take.
According to Stock, Red Notices are extremely powerful tools for co-operation. They play a vital role in helping to locate and arrest murderers, rapists and fraudsters, no matter where they try to evade justice or for how long.
While the Red Notice system has been decried by critics who claim that certain countries are using it for political purposes, Stock asserted that Interpol’s constitution prohibits it from undertaking, or being used for activities of a political, military, religious or racial nature. Red Notices are not issued in an information vacuum.
Since 2016, a series of reforms and safeguards to ensure the integrity of the Red Notice system have been put in place. This included the creation of a specialised task force to carry out a formal robust legal review of all Red Notices and wanted person alerts to make sure that they are compliant with Interpol’s rules and regulations based on the information available at the time.
With reforms and safeguards in place, Interpol hopes that it will “continue to offer a trusted, secure platform to keep police information flowing and ensure criminals cannot hide within the rifts that a more fragmented world can create.”
Interpol’s clarification about Red Notices is available on its website. Here are some of the commons question about Red Notices:
Is a Red Notice an arrest warrant?
A Red Notice is an international alert for a wanted person, but it is not an arrest warrant.
It is based on an arrest warrant or court order issued by the judicial authorities in the requesting country. Member countries apply their own laws in deciding whether to arrest a person.
Are individuals the subject of a Red Notice wanted by Interpol?
No. They are wanted by a country or an international tribunal.
What information does a Red Notice contain?
A Red Notice contains two main types of information:
• Information to identify the wanted person, such as their name, date of birth, nationality, hair and eye colour, photographs and fingerprints if available.
• Information related to the crime they are wanted for, which can typically be murder, rape, child abuse or armed robbery.
When does Interpol issue a Red Notice?
Red Notices are published by Interpol at the request of a member country, and must comply with Interpol’s Constitution and Rules.
Do countries have to comply with Red Notices?
Interpol cannot compel the law enforcement authorities in any country to arrest someone who is the subject of a Red Notice. Each member country decides what legal value it gives to a Red Notice.
Who are the subjects of Red Notices?
Red Notices are issued for fugitives who are wanted for serious crimes such as murder, rape, and fraud. These notices are issued after criminal proceedings have taken place in the requesting country, which may not necessarily be the person’s home country.
Is the subject of a Red Notice considered guilty upon apprehension?
If the person is sought for prosecution, they are considered innocent until proven guilty. However, if the person is sought to serve a sentence, they have already been found guilty by a court in the requesting country.
Are there offences for which a Red Notice cannot be issued?
As per Article 83 of Interpol’s Rules on the Processing of Data, Red Notices may not be published for certain categories of offences:
• Offences that raise controversial issues in some countries relating to behavioural or cultural norms, such as prostitution.
• Offences relating to family/private matters, such as adultery.
• Offences originating from a violation of laws or regulations of an administrative nature or deriving from private disputes, such as defamation.
Does Interpol accept every request to issue a Red Notice?
No. All Red Notice requests are reviewed for compliance with Interpol’s Rules by a specialised task force. Reasons why a Red Notice may be found to be non-compliant with Interpol’s Rules include:
• The request is of a predominantly political, military, religious or racial character.
• The request violates a person’s human rights.
• Failure to satisfy minimum penalty requirements.
• The offence described in the Red Notice falls under one of the categories of excluded offences.
What happens if a Red Notice is determined non-compliant after it is issued?
If a Red Notice has been issued and is later assessed as not being compliant with Interpol’s Constitution and Rules, it is cancelled. All member countries are informed of the decision and requested to remove any information from national databases. - malaymail
* This is the personal opinion of the writer or publication and does not necessarily represent the views of MMKtT.
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