A lawyer who formerly represented fugitive Tamim Dahri Abdul Razak has said that Interpol cannot get involved in locating individuals wanted over offences with "political overtones", including sedition, offensive remarks, and religious or racial matters.
Tamim, a self-proclaimed activist, is the subject of a police application for an Interpol red notice after investigators sought international assistance to locate him in connection with a religious provocation case.
Lawyer Aidil Khalid said Interpol would first assess requests from member countries before deciding whether to issue a red notice, which is an international wanted-person alert.
“This is because Interpol was not established to function in the same way as a domestic police force.
“Instead, in carrying out its operations, Interpol is bound by several instruments that form its constitution, rules and procedures,” he said on Facebook today.
Aidil said Article 3 of Interpol's Constitution expressly prohibits the international police organisation from intervening in matters involving political, military, religious or racial issues.
He argued that alleged offences such as sedition and offensive remarks fall within that category.
"That is why Interpol's fundamental purpose is more focused on combating transnational organised crime, such as human trafficking, terrorism, drug trafficking, cybercrime including international scams and fraud, and money laundering.
"Interpol should not be burdened with minor and trivial offences just because a group of people feel offended," he said.
Suspect still abroad
Police had applied for an Interpol red notice on June 8 to locate Tamim and bring him back to Malaysia to assist investigations into the case.
Home Minister Saifuddin Nasution Ismail said the application was made after police sought to cancel Tamim's passport as part of efforts to trace him.
He added that immigration checks showed Tamim remained overseas.
The self-proclaimed activist faces a charge under Section 295 of the Penal Code for allegedly damaging a soolam, a sacred trident symbol of Hindu worshippers, at the former site of a temple in Langkawi.
On March 17, the Langkawi Magistrates' Court postponed proceedings against Tamim after being informed that he was in Riyadh, Saudi Arabia.
The prosecution said Tamim was believed to have left Malaysia through Bukit Kayu Hitam for Thailand on March 9 before travelling to Saudi Arabia via Bangkok.
The court later issued an arrest warrant for him on May 17.
Three conditions
Aidil also cited Rule 83 of Interpol's Rules on the Processing of Data, saying it sets out three conditions that must be met before a red notice can be issued.
First, he said, the notice cannot be issued for offences whose criminality may be disputed because they involve cultural issues or practices accepted in other countries.
"For example, in many countries, burning a flag is a lawful and recognised form of protest and expression and cannot be treated as a crime.
"Although certain conservative countries may regard it as an offence, a red notice cannot be issued for such matters. The same applies to matters involving criticism of religious symbols or beliefs," he said.
Aidil said the second condition is that the alleged offence must carry a maximum punishment of at least two years' imprisonment.
Third, he said, a red notice must also be considered necessary for international police cooperation.
"That is why trivial offences involving allegations of stepping on a sharp piece of scrap metal that posed a danger in a public place - which is not even an offence in most other countries - are not matters that Interpol should be burdened with," he added. - Mkini
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