|
|
|
|
|
|
|
|
|
|
|
|
Interpol, Your Best Resource for International Investigations
Interpol. It is a word that many law enforcement officers have heard repeated in movies and news articles. Some think of it as a highly secret organization made up of agents who have law enforcement authority in all nations and travel worldwide in the pursuit of spies and other international fugitives on the run. The truth is that Interpol is not a secret organization, has no agents of its own, but does pursue international fugitives as just one of the many functions it performs for 178 member countries. Interpol is in fact the radio call sign for the International Criminal Police Organization or ICPO. The ICPO was founded in 1914 at a meeting in Monte Carlo of law enforcement officials from 24 countries. The founding principle then, as it is today, is to coordinate efforts to combat the international movement of criminals. Interpol was never designed to be an international police force. No body of international law applies to its operation. National sovereignty is recognized and Interpol handles "ordinary law crimes" excluding any activities that are considered military, political, racial, or religious matters. However, this does not preclude the investigation of crimes associated with a military, political, racial, or religious matter. An example would be murder committed with political motivation. From the original 24 nations that met to combat transnational crimes, the membership of Interpol today consists of 178 countries. The General Secretariat, or Headquarters, is located in Lyons, France. Each member country establishes a National Central Bureau (NCB) to serve as the focal point for that nation's involvement in the collection of evidence, the pursuit of fugitives, locating missing persons including missing children, the identification of unidentified bodies, and the exchange of or request for information related to law enforcement investigations across international borders. In the United States, the USNCB in Washington, DC, is part of the U.S. Department of Justice and is co-administered by the Treasury Department. The USNCB has five separate law enforcement divisions and is staffed by 95 detailed agents and permanent personnel. Most federal law enforcement agencies have one or more representatives detailed to the USNCB. There is also a detailed state police officer who represents state and local law enforcement concerns and coordinates Interpol incoming and outgoing requests with 55 liaison offices in each state, American Samoa, the District of Columbia, New York City, Puerto Rico, and the U.S. Virgin Islands. These offices are typically located within a state police or state bureau of investigation office. The traffic coming through the USNCB is about 70% foreign requests and 30% domestic requests for overseas assistance by U.S. federal, state, and local law enforcement agencies. So, if Interpol has no agents of its own, who handles the requests? How do you seek information related to an investigation or background check from a foreign country? How do you get a lookout broadcast worldwide for a murder suspect who may have fled the country? What do you do to track the movements of a suspected criminal across international borders? How can you look for a missing child overseas? What needs to be done to make humanitarian notifications in a foreign country?
However, requests to Interpol must come from a law enforcement agency. Interpol cannot honor private investigative requests. The requesting investigative agency either must have assigned or will assign a case number to the matter. Furthermore, the request must make clear the type of investigation (e.g., missing person, murder) and the relevance of the information requested to that investigation. Interpol conducts its business for law enforcement agencies through a secure telecommunications system linking the National Central Bureaus (NCBs) of member countries. All 178 NCBs are now on the system. Many types of investigative assistance can be obtained through Interpol channels if that type of information is available to police officers in the requested country without compulsory process. Depending on the law of the country in question, this may include assistance with alien smuggling, immigration fraud and travel document forgery, drug and precursor chemical investigations, credit card fraud, recovery of stolen artifacts and art, stolen vehicle exportation/importation and traces, witness interview requests, telephone subscriber information, firearms and explosive traces, international vehicle registration/driver license checks, hotel registration and real estate ownership checks, criminal record checks, fingerprint identifications, disaster victim notifications, and other humanitarian requests. Interpol also has unique, powerful tools for tracing fugitives internationally. They are known as Fugitive Diffusions and Red Notices. Each Interpol NCB can issue a Fugitive Diffusion. This is nothing more than an international All Points Bulletin (APB) or a BOLO. It can be broadcast to all other 177 countries from the requesting country or limited to one or more of nine geographic zones throughout the globe. A Fugitive Diffusion requests the location of a fugitive and notification back to the requesting country so that it may, if appropriate, make a formal request for the fugitive's provisional arrest with a view toward extradition. If the Fugitive Diffusion does not result in an apprehension within several months, it should be followed up with an application for a formal Red Notice. The Red Notice is a wanted notice, with the fugitive's photograph and fingerprints, saying that the requesting country seeks the fugitive for extradition and providing full details on charges or conviction and warrant information, as well as prior arrest and conviction information. The NCB approves and forwards your Red Notice application to the Interpol Secretariat in Lyons. This issues Red Notices in Interpol's four official languages (Arabic, English, French, and Spanish) and sends them to all Interpol Nabs worldwide. This, in turn, puts your fugitive in the border lookout systems of 178 countries. There are a few requirements for issuance of a fugitive Diffusion or Red Notice. There MUST be an arrest warrant. The offense must carry more than a year's imprisonment. Furthermore, the prosecutor's office must agree, in cooperation with the U.S. Department of Justice, Office of International Affairs, and Fugitive Unit, immediately to draft a request for a provisional arrest with a view toward extradition for transmission when the fugitive is located. The prosecutor's office must also agree to prepare the extradition request within the period designated by treaty, AND to pay any costs associated with extradition. Costs may include translation of the extradition request and transportation. All international extraditions are coordinated through the Justice Department's Office of International Affairs, telephone (202) 514-0000; telefax (202) 514‑0080; 24‑hour Department of Justice Command Center telephone (202) 514‑5000. NOTE: If you have obtained a Fugitive Diffusion or Red Notice, and if for any reason, you no longer seek or will no longer prosecute that fugitive, immediately notify the USNCB and the Office of International Affairs in writing. We need to notify the Interpol Secretariat and other Interpol members in order to prevent any foreign detention, even briefly, of a person whom the prosecutor will not extradite. Seventy-two countries treat a Red Notice as a formal request for provisional arrest with a view toward extradition if the requesting and requested countries have a bilateral extradition treaty that covers the offense(s). The United States cannot recognize a Red Notice as a request for provisional arrest, but does enter other countries' Red Notice fugitives in NCIC if the U.S. has an extradition treaty with the requesting country and if the Red Notice itself contains all information that NCIC requires. If you find an individual who is the subject of a Red Notice, therefore, do not arrest simply on the Red Notice. Notify the USNCB immediately so that it can inform the requesting country to start the extradition process if possible. Make sure that you indicate whether the fugitive is being held on U.S. charges.
Interpol also issues a number of other unique law enforcement Notices and alerts.
GENERAL INFORMATION AND SPECIAL CONSIDERATIONS FOR INTERPOL REQUESTS Names are almost always listed as (LAST), f/n (First name) (Middle Name). Example: SMYTH, f/n Robert Neal. Certain cultures, including the Hispanic, may use the father's last name as the second of three names and use the mother's last name as the third name. In such cases, indicate that the second name is the father's last name. Dates of Birth: almost ALL other countries utilize a dd/mm/yyyy listing for dates. SPELL out the MONTH in every date. For example, a proper date of birth to transmit overseas would be 03 MARCH 1965. Social Security Numbers are seldom-good identifiers outside the United States, although they may supply supplemental identification. Make every effort to obtain passport information. Information on U.S. passports is available through the U.S. Department of State, Passport Branch, and phone (202) 647-7277. DO NOT use abbreviations in your descriptions. Other countries may confuse Mt. (mountain) as the abbreviation for Montana. Spell it out. It is the policy of the United States not to communicate with Interpol member countries that support state sponsored terrorism, i.e., Cuba, Iran, Iraq, Libya, the Sudan, and Syria, or with non-member country North Korea. If you have an urgent investigative need for information from one of those countries, however, an exception will be evaluated on a case-by-case basis in conjunction with the U.S. Department of State. If you are requesting information overseas in relation to a background/applicant check, you should include a waiver or release from the applicant. Many countries, under their privacy protection laws, require the waiver/release before they can honor the request. Do not expect a timely response from all countries. Though the communications with these countries are state of the art, and although all Interpol NCBs are to be staffed 24 hours a day, 7 days a week, their internal workings, automation, and manpower deployments may preclude an immediate response. Please be patient. Some countries will not extradite their citizens. Should you still ask the Interpol ‑ U.S. National Central Bureau to transmit a Fugitive Diffusion on a fugitive who has fled to a non-extradicating home country, or to a country with which the United States lacks an extradition treaty, and should you still apply for a Red Notice? The answer is unequivocally yes. Many an international fugitives has been apprehended and returned to the United States because the fugitive traveled to a country other than his own and was apprehended crossing the border. Furthermore, countries may decide based on criminal history in a Fugitive Diffusion or Red Notice that they can either deport or surrender a fugitive by other legal means. The bottom line is you should utilize all means at your disposal to apprehend the fugitive, regardless of the initial degree of success. U.S. law enforcement arrests thousands of foreign nationals annually. May foreign nationals have special rights, and does U.S. law enforcement have special obligations in such cases? The answer to both questions is yes. The latest publication from the Department of State on Consular Notification and Access provides a complete explanation of these rights and obligations, together with the necessary notification forms in a variety of foreign languages. Each state Interpol office has this publication, but the quickest way to get your copy is to download it directly from the Department of State Web Site at www.travel.state.gov (Scroll down to Additional Resources and click Consular Notification and Access.) CAUTION: DO NOT make direct contact with potential witnesses or suspects, from the United States, through electronic or telephonic means. You may be violating the criminal laws or sovereignty of the country in which this person is located. Some countries consider this a serious offense and individuals in those countries may only be questioned by a representative of their government. You belong to an elite global fraternity that has sworn to serve and protect. These duties may involve asking your brother and sister officers in a foreign land for assistance as well as receiving requests from officers far across oceans and time zones. Regardless of the country of origin, put your best foot forward in honoring these requests. Each and every one of you is part of the Interpol network. Interpol is highly regarded throughout the world and will continue to serve as your best resource for conducting international investigations. It will only enhance your ability to locate and apprehend criminals who seek refuge in foreign lands. If you need further information, please contact your state/city/territory Interpol office, or contact my office at the USNCB, State Liaison Division, at the numbers listed above. And remember, Interpol gives YOU the ability to conduct international investigations and inquiries.....USE IT. The Interpol-United States National Central Bureau holds the copyright on the previous article. Permission is hereby given to the Commission on Accreditation for Law Enforcement Agencies, Inc. for reprinting and distribution.
|
|
|
The
author, Mike Muth, is a Lieutenant with the Maryland State Police detailed to
the Interpol-USNCB in Washington, DC, as an Assistant Chief in charge of the
State Liaison Division.
These
are legitimate concerns for U.S. law enforcement personnel as well as law
enforcement officers the world over.
