Interpol - Almost Final

TERM PAPER
INTERNATIONAL CRIMINAL
POLICE ORGANIZATION- A LEGAL
STUDY
SUBMITTED TO DEPARTMENT OF LAWS, PANJAB UNIVERSITY, CHANDIGARH
IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE DEGREE OF
LL.M.
SUBMITTED TO:
DR. JYOTI RATTAN

ASSOCIATE PROFESSOR
DEPARTMENT OF LAWS PANJAB UNIVERSITY, CHANDIGARH
SUBMITTED BY:
PRABHJOT KAUR
ROLL NO.: 1225/18
Associate Prof. (Dr.) JYOTI RATTAN DEPARTMENT OF LAWS
PANJAB UNIVERSITY, CHANDIGARH
DATE:
CERTIFICATE
This is to certify that the term paper entitled ‘INTERNATIONAL CRIMINAL POLICE
ORGANISATION-A LEGAL STUDY’, submitted to the Department of Laws, Panjab University,
Chandigarh, in partial fulfilment for the award of the degree of LL.M., is a record of bona fide
work carried out by Ms. Prabhjot Kaur, Roll No. 1225/18, under my supervision and guidance.
All help received by her from various sources have been duly acknowledged.
No part of this term paper has been submitted elsewhere for award of any other degree.
Associate Prof. (Dr.) JYOTI RATTAN

Supervisor
i
ACKNOWLEDGEMENT
I would like to offer my heartiest salutation to the Almighty God for bestowing upon my courage
in all adversities at every step and at every moment throughout the entire span of my studies
and in every aspect of life.
Every mission needs a spirit of dedication and hard work but more than anything else, it needs
proper guidance, working atmosphere and most importantly support from others. During the
process of research work I received a lot from others, directly or indirectly and it is indeed a
matter of great pleasure and privilege to acknowledge the same here.
I express my sincere gratitude to my honourable guide Dr. Jyoti Rattan, Associate Professor,
Department of Laws, Panjab University, Chandigarh for showing me the path of sincerity and
dedication. Her sincere advice in accomplishing this venture is heartily acknowledged. I
cannot express in words the tireless efforts she has put in polishing and enriching the work.
I am highly indebted to Dr. Meenu Paul, Head of Department of Laws, Panjab University,
Chandigarh for her commendable cooperation wherever sought. I am also thankful to faculty
members of the department, library staff of Panjab University, Chandigarh.
It will never be possible for me to pay the price of sacrifice which my parents made for me. I
ascribe the accomplishment of my work to my father Mr. Om Parkash Saini and mother Mrs.
Ranjit Kaur Saini, who have always been my pillars of strength and stood by me with their
blessings and who have motivated and inspired me to complete my work. I would also like to
thank my siblings and friends.
I would ever remain indebted to the authors of various books, research articles, journals,
reports, what I have used as source material.
Prabhjot Kaur
ii
TABLE OF CONTENTS
I. INTERNATIONAL CRIMINAL POLICE ORGANISATION ............................................. 1
A. Introduction ..................................................................................................................... 1
B. Problem Profile ............................................................................................................... 2
C. Significance of Research................................................................................................. 2
D. Research Objectives ........................................................................................................ 3
E. Research Methodology ................................................................................................... 3
F. Plan of Study ................................................................................................................... 3
II. EVOLUTION AND STATUS AS AN INTERNATIONAL ORGANIZATION ................ 5
A. Evolution ........................................................................................................................... 5
A.1. The International Criminal Police Commission ......................................................... 5
A.2. International Criminal Police Organization ................................................................ 6
B. Status As An International Organization ........................................................................... 8
B.1. Legal Nature of INTERPOL ....................................................................................... 8
B.2. An Organization Under International Law ................................................................. 9
III. GOVERNANCE AND ORGANIZATIONAL STRUCTURE ......................................... 11
A. Governance of INTERPOL ............................................................................................. 12
A.1. The Constitution ....................................................................................................... 12
A.2. The General Regulations .......................................................................................... 13
A.3. National Central Bureau Policy ................................................................................ 14
A.4. Rules on International Police Cooperation and on the Internal Control of INTERPOL
Archives ............................................................................................................................ 14
B. Organizational Structure .................................................................................................. 15
B.1. The General Assembly.............................................................................................. 15
B.2. Executive Committee ................................................................................................ 17
B.3. General Secretariat .................................................................................................... 18
B.4. National Central Bureau (NCB)................................................................................ 20
B.5. Commission for the Control of INTERPOL’s Files ................................................. 22

iii
B.6. Advisors ................................................................................................................... 22
IV. FUNCTIONS OF INTERPOL AND EVAULUATION OF WORK DONE ................... 24
A. Core Functions of INTERPOL ..................................................................................... 24
A.1. Securing Global Police Communication Services .................................................... 24
A.2. Operational Data Services And Databases For Police .............................................. 24
(i) INTERPOL’s Wanted Persons Notifications ............................................................ 24
(ii) Red Corner Notices and Extradition ...................................................................... 26
A.3. Operational Police Support Services ........................................................................ 28
A.4. Police Training And Development ........................................................................... 28
B. Evaluation of Work Done By INTERPOL ................................................................... 29
V. INDIA AND INTERPOL ................................................................................................... 31
A. INTERPOL Wing of CBI ................................................................................................ 31
VI. CONCLUSIONS AND SUGGESTIONS ....................................................................... 37
A. Conclusion .................................................................................................................... 37
B. Suggestions ................................................................................................................... 37
1
I. INTERNATIONAL CRIMINAL POLICE ORGANISATION
A. INTRODUCTION
International Criminal Police Organisation-INTERPOL, is headquartered in Lyon, France and
prides itself as being the only international policing organization with a world-wide
membership. There are numerous other formal and informal cross-border policing agencies at
the regional level, such as Europol that has at times questioned INTERPOL’s position in
Europe. Other examples of today’s diverse cross-border policing arrangements include
specialist committees established within international organizations, such as ASEANAPol, and
informal networks such as the Egmont Group of Financial Information Units.1 INTERPOL
today, has a global membership of 192 countries. Each member country maintains a National
Central Bureau (NCB), staffed by national law enforcement officers to carry out the operations
of INTERPOL by enabling member countries to work together on cross-border investigations.2
In essence, INTERPOL is not a police force. It neither enforces national nor international laws
directly, nor do its staff and seconded police officers make a claim of member nation to the
exercise the right of physical coercion, investigation and arrest. Much of policing task here
consists of “processing and sharing of knowledge about crime and insecurity”. Therefore, at
INTERPOL, knowledge work is the principal activity.3 Besides, INTERPOL deals with three
broad classes of international criminal activity, namely terrorism and crimes against people
and property, including crimes against children, trafficking, illegal immigration, automobile
theft, and art theft; economic, financial, and computer crimes, including banking fraud, money
laundering, corruption, and counterfeiting; and illegal drugs and criminal organizations,
including organized crime.4
The broad aim of International Criminal Police Organization-INTERPOL is
“to ensure and promote the widest possible mutual assistance between all
criminal police authorities and contribute effectively to the prevention and
suppression of ordinary law crimes”.5
1
Mapping INTERPOL’s Evolution:Functional Expansion and the Move to Legalization by Cheah Wui Ling
available at www.policing.oxfordjournals.org on 31 st October, 2018 at 11:19 am.
2
https://www.INTERPOL.int/Member-countries/World
3
INTERPOL and the Emergence of Global Policing by Meg Stalcup available at
https://philpapers.org/archive/STAIAT-5.pdf on 31st October, 2018 at 11:23 am.
4
https://www.britannica.com/topic/INTERPOL on 31st October, 2018 at 1:49 pm
5
Article 2 of Constitution Of The International Criminal Police Organization-INTERPOL, 1956.
2
INTERPOL functions to provide support to police worldwide in combating transnational

crimes by providing wide range of facilities such as targeted training, expert investigative
support, relevant data and channels of secure communications while ensuring neutrality by
taking actions within the limits of prevailing laws in different countries and in consonance with
the Universal Declaration of Human Rights. Through its regional offices and national liaison
offices, the organisation secures a global presence.6
B. PROBLEM PROFILE
The idea of cooperation among police agencies worldwide and other aspects of the criminal
justice system have become highly significant in recent decades. Criminals and criminal
enterprises do not limit their acts to existing geopolitical boundaries. This circumstance has
only increased in recent decades with both the relaxing of some regional borders and of
increased adaptation of computing technologies into our lives. The criminals, terrorists, and
other motivated offenders are now at ease to leverage technology to conduct their activities at
greater distances which provide them with both physical and legal protection while
complicating efforts of government to detect, interrupt, and investigate transnational crimes
and illicit activities. International police cooperation is also visible in the trend to present
blended police and military responses to alleviate and (at times) democratize nations in crisis.7
For the achievement of this aim, it is mandatory that such agencies have direct liaison with
member countries free from abuse of power. This Research study umbrella’s the formation
of an agency promoting international police cooperation, its nature, working, structure,
functions, shortcomings, role in extraditing a criminal and its relation with India.
C. SIGNIFICANCE OF RESEARCH
Amongst the first to realize the increasing significance and danger of international crime and
the consequent need for international police cooperation was German criminologist Franz Von
Liszt in 1893. In an introduction to his book on the subject of comparative legislation, he
defined the crime situation and criminal justice thus:
“When the professional thief or swindler feels equally at home in Paris, Vienna
or London, when counterfeit roubles are produced in France or England and
passed in Germany, when gangs of criminals operate continuously over several
6
https://www.INTERPOL.int/About-INTERPOL/Overview
7
International Police Cooperation by Joseph Schafer available at
http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-0153.xml
3
countries, when human passions and weaknesses at home or abroad are all
variations on the same basic theme, how can the criminal police in the various
countries possibly avoid using certain common fundamental ideas as the basis
for their work? Indeed, they will soon be forced to do so.”8
International Crime does not essentially refer to a specific class of offences defined in law.
While some of the offences are covered by international conventions, for example, Currency
counterfeiting (192 conventions), some of the others are termed as international because of the
behaviour of criminals. For instance, preparations for commission of an offence may be made
in one country while it is actually committed in one or more of the other jurisdictions. In such
cases, problems arise with regard to their arrest and investigation abroad. Besides, various
challenges are faced by the enforcement agencies while sharing information, identification,
international investigations, subsequent extradition, etc. In order to eliminate such problems,
the police departments in different jurisdictions must work in collaboration if they are to
successfully combat crime and criminals.
D. RESEARCH OBJECTIVES
The present research has been undertaken by keeping in backdrop the following objectives-
a. To study the details of International Criminal Police Organization- INTERPOL, its
powers, organisational structure and functions.
b. To study the work done by INTERPOL with respect to police cooperation worldwide.
c. To study its relationship with India with special reference to arrests made in pursuance
of notices published by INTERPOL.
E. RESEARCH METHODOLOGY
The present study is based on doctrinal method of research and since doctrinal research is
qualitative, hence it does not involve statistical analysis of the data. It is based on primary
sources such as statutes, case laws, precedents and secondary sources such as books, reports,
journals, articles, committee reports, papers and other different sources of internet etc.
F. PLAN OF STUDY
The present study while dealing with the evolution, objectives, nature, functions, structure and
8
http://shodhganga.inflibnet.ac.in/bitstream/10603/14325/8/08_chapter%203.pdf on 31st October, 2018 at 1:55
pm
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relevance of International Criminal Police Organisation is divided into 6 main parts. Part I deals
with Introduction. Part II provides detailed overview of evolution of INTERPOL and its status
as an international organisation. Part III gives note of the governance of INTERPOL and its
organisational structure. Part IV further provides for core functions of INTERPOL and
evaluation of work done by INTERPOL. Part V provides an account of relationship of
INTERPOL with India. Part VI deals with concluding remarks and suggestions.
5
II. EVOLUTION AND STATUS AS AN INTERNATIONAL ORGANIZATION
A. EVOLUTION
A.1. The International Criminal Police Commission
INTERPOL's foundation is credited to Albert I, Prince of Monaco. In April 1914, he convened
an international conference on crime which was attended by high police officials, lawyers, and
jurists from around two dozen countries. The discussions during the conference focused on
observations that criminals were easily able to commute from one country to another, thereby
escaping police who have no legal authority beyond their national jurisdictions. In fact, the
then-new means of transportation i.e. automobiles and railroad networks were giving the
criminals a big edge over the police forces, and discussed proposals for a system of
coordination among national police forces that would thwart the criminals' advantage.9
However, within months, World War I had begun and the conference scheduled by Prince
could not reconvene. But the idea of an organization for international police cooperation
remained alive and after the war appeared more urgent than ever.10
These circumstances induced Johannes Schober, Chief of Vienna Police, to revisit, re-examine,
and implement the thoughts put forward by the Monaco Congress. With the help of his
government, adequate measures were taken to convene the Second International Criminal
Police Congress in Vienna in 1923.11
The Second Congress was attended by 131 representatives of the criminal police forces of
around 20 countries in Vienna who finally formed the International Criminal Police
Commission (ICPC) that year. The ICPC’s headquarters were established in Vienna, and
Johann Schober who was the head of the Vienna police, became its first president. 12
Originally, attention was focused on ways by which police of one country could identify and
locate criminals from another country and in refining procedures for the arrest of international
criminals and their return to countries which have charged them with law breaking. To these
procedural issues, the founders added certain substantive crime matters and soon the agendas
of the General Assemblies showed them working on efforts to combat international crimes
9
A Guide to INTERPOL International Criminal Police Organization USA published by National Institute of
Justice, USA.
10
Justice, USA.
11
http://shodhganga.inflibnet.ac.in/bitstream/10603/14325/8/08_chapter%203.pdf on 31st October, 2018 at 1:55
pm
12
https://www.britannica.com/topic/INTERPOL on 31st October, 2018 at 1:49 pm
6
such as illicit drug traffic, traffic in women for prostitution, art theft, financial crimes, and
counterfeiting.13 The contribution of INTERPOL in controlling counterfeiting is of landmark
significance.14
The ICPC prospered until 1938 but when Nazi Germany annexed Austria, the ICPC’s records
were relocated to Berlin. The outbreak of World War II ended the ICPC’s activities and
resulted in withdrawal of most ICPC members from their participation and support from the
ICPC. 15
A.2. International Criminal Police Organization

After WWII, in 1946, a group of police ofﬁcers reconvened the ICPC. At its ﬁrst post-WWII
meeting, ICPC members initiated to redraft the ICPC constitution in order to prevent any future
use of the organization for the political purposes. The organization’s headquarters were also
relocated to France where it remains until today. In 1956, the ICPC renamed to its present-day
title of the International Criminal Police Organization-INTERPOL.16
But world events were exerting pressure in this facet of the organization. With the post-World
War II spread of new nations outside of Europe and the concurrent growth of membership in
Africa, Asia, the Middle East, the Pacific, and the Caribbean, the organization was condemned
on the ground that it was "too European" or even "too French" in its outlook, headquarters,
and top management. The process of "internationalization" was called for.17
One of the first steps in that direction was to convene the INTERPOL General Assembly in
Washington, D.C., in 1960, the first time this annual meeting had held outside of Europe. This
step seemed to break the geographical barrier during the next ten years. Futher, five meetings
were held in non-European countries. Around the same time, by formal resolutions and by
alterations of the constitution, INTERPOL started arranging for all offices, committees, and
staff positions to be spread out among professionals belonging to countries in all parts of the
world.18
13
Justice, USA.
14
Justice, USA.
15
https://www.britannica.com/topic/INTERPOL on 31st October, 2018
16
available at www.policing.oxfordjournals.org on 31st October, 2018
17
Justice, USA.
18
Justice, USA.
7
Under the leadership of French Secretary General Jean Népote (1963–78), INTERPOL became
progressive. By the mid-1980s the number of members had risen to more than 125, representing
all the inhabited continents of the world; by the early 21st century membership had exceeded
180. Till today, its total membership is 192 countries.19
The position of the so-called Eastern Block nations has shown interesting development. During
the post World War II years they remained outside of INTERPOL, except for Yugoslavia, but
now Romania and Hungary have joined. The Peoples Republic of China joined in 1984 only.
Presently, most political, racial and religious identities are to be found among the nations
holding the membership of INTERPOL.20
The Constitution under Article 3 specifically emphasized upon the apolitical character of the
organization by stating,
"It is strictly forbidden for the Organisation to undertake any intervention
or activities of political, military religious or racial character."
This was the first time that the organization acknowledged itself to remain out of even 'military'
intervention and activity.21
INTERPOL was lucky enough not to get involved in any political crime for quite some time.
But with the emergence of liberation groups and the consequent growth of terrorism, it became
difficult for INTERPOL not to get involved in any political crimes. Skyjacking was becoming
prevalent with the Popular Front for the Liberation of Palestine (PFLP) hijacking the El AI
Boeing 707 from Rome to Algiers and holding the Israelis hostage for two months.22
Starting in 1951 and to the late 1970's, INTERPOL’s series of resolutions aimed at promoting
cooperation in efforts against terrorists, but when compared with the growth in international
terrorists' ferocity, the effort was not competent enough.23
In the 1980's, INTERPOL re-examined the issues that had prompted its caution and
implemented a set of rules and procedures through which law enforcement officials of any
country could respect genuine political dissidence and activity but at the same time take lawful
action against those involved in commission of murders or other offences that had no direct
link with the political life of the criminal's country or the political concern for which they
fought. In other words, violence threatening the general public and injuring innocent
19
20
Justice, USA.
21
http://shodhganga.inflibnet.ac.in/bitstream/10603/14325/8/08_chapter%203.pdf on 31st October, 2018
22
http://shodhganga.inflibnet.ac.in/bitstream/10603/14325/8/08_chapter%203.pdf on 31st October, 2018
23
Justice, USA.
8
bystanders, or to publicize an issue, or to secure the release of accomplices from prisons of

foreign, would no longer be immune from law enforcement and the criminal justice under
INTERPOL's constitution. The NCB's of all the member countries are authorized to exchange
information about terrorist activities and take shared action against them. This latest action
seemed to fill a gap in INTERPOL's policy and operations.24
Accordingly, in 1984, the General Assembly reviewed the interpretation of Article 3 to allow
INTERPOL to undertake anti-terrorist activities in certain well-defined circumstances.25
B. STATUS AS AN INTERNATIONAL ORGANIZATION

B.1. Legal Nature of INTERPOL
Despite its international stature, INTERPOL has for most of its history, had a public reputation
which was shrouded in myth. It has been perceived as ‘a mysterious, seemingly occult
organization’.26
INTERPOL, whose aim is to promote international criminal police cooperation as well as to
establish and develop institutions which will contribute towards the prevention and suppression
of crimes which are not of the nature which is political, military, religious or racial (Articles 1,
2 and 3 of INTERPOL's Constitution). Its membership, composed of national police forces, as
well as the fact that it was not established by a treaty, were an adequate argument for some of
the authors to refuse to categorise INTERPOL as an intergovernmental organization, and to
consider it as an international non-governmental organization instead. Moreover, certain
authors believe that keeping in view the fact that it is not an intergovernmental organization,
INTERPOL cannot be a subject of international law. However, in the international legal
doctrine there is also the "other side" which differs with the opinion of authors who classify
INTERPOL as an international non-governmental organization.
Therefore, to find out the true legal nature of INTERPOL, we shall begin with an analysis of
INTERPOL's constitutive elements, which will be contrasted with constitutive elements of
intergovernmental and international non-governmental organizations.
a) Constitutive Act: When we make a comparison between the constitutive elements of
INTERPOL with that of intergovernmental organizations, we can find out that
INTERPOL was not established by treaty. Instead INTERPOL has a Constitution,
24
Justice, USA.
25
26
available at www.policing.oxfordjournals.org on 31st October, 2018 at 11:19 am.
9
adopted by its General Assembly. However, establishment by treaty is not a condicio

sine qua non for the existence of an intergovernmental organization, bearing in mind
the fact that exceptions from this rule can be seen in international practice.
b) Membership: It represents most controversial constitutive element. According to the
Article 4, Paragraph 1 of INTERPOL's Constitution, its membership consists of
"official police bodies" i.e. of organs of the central government and precisely on the
basis of this constitutive element, INTERPOL can be distinguished from
intergovernmental organizations whose membership is mainly composed of public
legal persons of international law and thus it can be defined as a trans-governmental
organization whose membership is so composed. However, the above named public
legal nature of INTERPOL's membership allows us to differentiate it from international
non-governmental organizations whose activities and membership are only non-
governmental in nature.27
B.2. An Organization Under International Law

Given that policing forms an essential domain of state sovereignty, INTERPOL's cross-border
functions can only be possible if it acts as a subject of international law. Who is a considered
a subject of international law, i.e. who is an international legal person, is one of the basic and
most controversial issues of international law. To this day, no single definition of a subject of
international law has been adopted at the level of positive international law, entrusting the
definition of this concept to the international legal doctrine. Accordingly, international legal
subjectivity is a relative concept which differs from one subject of international law to another.
Nonetheless, we can recognize those constitutive elements of international legal subjectivity
which are ordinarily accepted by most authors, and used to describe the concept of international
legal subjectivity more evidently.
a. Legal capacity (capacitas iuridica)- The capacity of holding rights and duties as per
the rules of international law represents the chief constitutive element of international
legal personality, i.e. its possession is a condicio sine qua non for an entity to be
regarded as a subject of international law or an international legal person.
b. The capacity of an entity to produce legal consequences on its own (capacitas
agendi)- It is another constitutive although not mandatory component of international
27
“The Legal Nature and Status of INTERPOL in the context of contemporary International Law” by Ljubo Runjic
presented at 22nd International Scientific Conference on Economic and Social Development – "Legal Challenges
of Modern World" available at https://www.researchgate.net/publication/324656319 on 8-11-2018.
10
legal personality. It is the general consensus that the capacitas agendi involves the right
to conclude treaties, the ability to litigate before international judicial and quasi-judicial
institutions, the right to convene and take part in international conferences, the ability
to create international law and in classical international law, the right to war as well.28
First of all, INTERPOL has attained the right to conclude treaties (ius contrahendi). This right
is one of the fundamental elements of international legal personality of international organisms
although it might be more accurate to say that the right to conclude treaties is one of the causes
for achievement of international legal personality of international organisms. INTERPOL has
thus concluded a number of treaties and agreements with various states including those states
in which it has its headquarters. For instance, INTERPOL acceded to the Vienna Convention
on the Law of Treaties between States and International Organizations or between International
Organizations.
Also, the Constitution empowers INTERPOL to conclude international agreements (Article
41). In pursuance of this Article, the Organization has concluded a significant number of
international agreements with other subjects of international law which relate to INTERPOL's
privileges and immunities on the territory of different nations, for the establishment of a bureau,
for the organization of a General Assembly session or a Regional Conference or for the
deployment of personnel for police operations. INTERPOL has also concluded a general
cooperation agreement with the United Nations.29
Achievement of an active ius legationis is demonstrated by, for example, the agreement
between INTERPOL and France regarding the Headquarters of the organization whereby
INTERPOL and its officials are assured privileges and immunities which are to a great extent
analogous to diplomatic privileges and immunities enjoyed by diplomatic missions of states
and their diplomatic representatives on the basis of the Vienna Convention on Diplomatic
Relations of 1961.30
To some extent, INTERPOL has also achieved the right to convene and participate in
international conferences. For example, in 1998, INTERPOL participated as an observer in the
28
“The Legal Nature and Status of INTERPOL in the context of contemporary International Law” by Ljubo
Runjic presented at 22nd International Scientific Conference on Economic and Social Development – "Legal
Challenges of Modern World" available at https://www.researchgate.net/publication/324656319 on 8-11-2018.
29
https://www.INTERPOL.int/About-INTERPOL/Legal-materials/An-organization-under-international-law
available on 8-11-2018
30
A G R E E M E N T BETWEEN THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION
INTERPOL AND THE GOVERNMENT OF THE FRENCH REPUBLIC REGARDING INTERPOL'S
HEADQUARTERS IN FRANCE, 1982 available at
https://www.INTERPOL.int/content/download/9747/70868/version/7/file/AccordSiegeRevise2008.pdf
11
Diplomatic Conference for the Establishment of the International Criminal Court and in 1995
it participated in the Diplomatic Conference for the Adoption of the Draft UNIDROIT
Convention on the International Return of Stolen or Illegally Exported Cultural Objects.
INTERPOL has also attained the capacity to litigate before international judicial entities (ius
standi in iudicio). INTERPOL recognised its right to be a party in proceedings of court before
an international judicial entity by submitting itself to the jurisdiction of International Labour
Organization Administrative Tribunal – ILOAT and before international judicial entities in
arbitration proceedings as well. Article 24, Paragraph 1 of the Agreement between INTERPOL
and France regarding INTERPOL’s Headquarters in France thus provides for the submission
of disputes to the Permanent Court of Arbitration in The Hague.31
Therefore, INTERPOL can safely be concluded as a subject of international law.
III. GOVERNANCE AND ORGANIZATIONAL STRUCTURE
INTERPOL has developed from humble origins as a group of central European countries to a
complex global association of nations facing ever increasing difficulties of criminality
throughout the world with relatively modest economic resources and devoid of the powers that
are traditionally given to police. The governance, therefore, is of more than average interest,
indeed, it is worth a careful examination, firstly, for specific insights to assess society's
31
“The Legal Nature and Status of INTERPOL in the context of contemporary International Law” by Ljubo
Runjic presented at 22nd International Scientific Conference on Economic and Social Development – "Legal
Challenges of Modern World" available at https://www.researchgate.net/publication/324656319 on 8-11-2018.
12
organized efforts for controlling criminality and criminals and secondly, for models working
in the search for peaceful and productive policy in the management of international relations.
INTERPOL is governed by a documentary foundation and by certain deliberative bodies. The
documentary foundation comprises of the given texts: (1) the Constitution, (2) the General
Regulations, (3) the National Central Bureau Policy, and (4) the Rules on International Police
Cooperation and on the Internal Control of INTERPOL Archives.32
The deliberative bodies include the General Assembly, the Executive Committee, and the
Advisers all of which are involved in managing and governing INTERPOL's activities.
Together these documents and deliberative bodies constitute the blue-print of the organization
and how it is to function.
A. GOVERNANCE OF INTERPOL
A.1. The Constitution
The original charter which was the basis of the International Criminal Police Commission's
(ICPC's) formation in 1923 was comprised of only 10 articles. With the ICPC's rebirth in 1946,
the charter was found to be inadequate to the problems of that time and need was felt to revise
it. Through this revision, the Executive Committee was formed with membership open to all
countries.
In 1956, with the ICPC becoming the International Criminal Police Organization (ICPO), the
statutes were revised further to incorporate new changes.33 This revision resulted in the addition
of more details concerning the functioning of the new ICPO. It had 50 articles under three
broad headings under which articles relating to the General Assembly, Executive Committee,
General Secretariat, National Central Bureaus (NCBs), Advisors, Budget and Resources,
Relations with other organizations, Application, and Modification and Interpretation of the
Constitution were dealt with. Major changes brought by the Constitution of 1956 are broadly
mentioned hereunder:
a. The change in nomenclature from ICPC to ICPO was effected in Article 1 of the
Constitution along with the seat of INTERPOL.
b. The renaming and reconstitution of the International Central Board as the Executive
Committee along with the change in the numbers and composition.
32
Michael Fooner, “INTERPOL: Issues in World Crime and International Criminal Justice” (Plenum Press,
1989) p-66.
33
Refer to Appendix B for the 1956 Constitution
13
c. Another development was the inclusion of the entire apparatus of NCBs. For the first
time the ICPO laid down that
"each country will appoint a body which will serve as the NCB.”
d. However, surpassing all these changes was the incorporation of Article 3. The only
restricting factor in earlier statutes had been that it was to function "within the limits of
laws existing in the different countries".
The Constitution apart from defining the aims of the ICPO, also provides procedures regarding
membership and institutional elements. Though the membership procedure for joining has been
provided for, the Constitution nowhere specifies procedure of expulsion. The choice of
members in the ICPO is specifically limited to
"high officials of police departments, officials whose normal duties are
connected with INTERPOL activities, and be specialist in the subject on
the agenda."34
To sum up, the Constitution adopted in 1956 provided a strong foundation on which
INTERPOL has been built and developed.
A.2. The General Regulations

The General Regulations which form the second documentary foundation of governance of
INTERPOL are an extension to the Constitution and comprise 60 articles, mainly on elements
which were overlooked in the Constitution itself. They mainly provide for procedural matters,
meetings, agenda, voting, budgets, selection of Secretary-General, etc.35
As stated above, though the Constitution does not provide any procedure for expelling a
member from the ICPO, the General Regulations outline the procedure for the same. Therefore,
failure to pay dues for three years is the only criterion for suspension whereby the member
country loses voting rights followed by deprivation of other benefits. The procedure is not so
rigid and the delinquent member could get the suspension revoked by appealing to the General
Assembly.36
Apart from briefing on the dates and locations of each General Assembly, the Regulations also
provide detailed provisions for the selection of officials. The chief emphasis of the election is
that all geographical sectors are truly represented. Though utmost attention is paid towards the
34
1989) p-68.
35
1989) p-69.
36
Fenton S. Bresler, “INTERPOL” (Sinclair Stvenson Publication, 1997) p-93
14
conduct of elections, the balances are essentially kept by the gentleman's agreement whereby
the 13 positions of the Executive Committee are allocated: three to the African continent, three
to the two American continents, three to the Asian continent, and four to the European
continent.37
A.3. National Central Bureau Policy

Following the Constitution and the General Regulations providing documentary foundation
comes the NCB Policy which is a vital INTERPOL document outlining specifications and the
philosophy for the working of the NCBs throughout the world. It lays down the foundation for
international police cooperation surpassing national boundaries and bypassing lingual and
diplomatic constraints. Though the process of making policies regarding NCBs was initiated
as early as 1925, it was not until 1956 that it was formally made and until 1965 that it was made
part of the documentary foundation as an appendix to the General Regulations38 The
documentation of NCB policy is of great importance as INTERPOL works as a police
institution entirely without grant of powers from any legislative, judicial, or executive
authority.39
A.4. Rules on International Police Cooperation and on the Internal Control of

INTERPOL Archives
The other documentary foundation that controls and supervises records and which when
combined with the communication network is termed as the 'life blood of the organization' is
the set of Rules on International Police Cooperation and on the Internal Control of INTERPOL
Archives. It forms the foundation of centralization and proper circulation of crime
information.40
The formative years of INTERPOL saw independent control of criminal information and its
transmission. Though INTERPOL is deficient of any typical police power of arrest,
investigation, search or seizure, it has inherent powers which are exercised through control of
information and information systems. The advent of electronic data processing and spread of
37
1989) p-70.
38
1989) p-32-38.
39
1989) p-71-73.
40
1989) p-77
15
computerization led to the computerization of criminal information. Amid this advancement

came the Watergate incident, ushering in a phase of increased distrust in the minds of the public
towards government organizations particularly the police.41
The Rules warrant protection of information that relates to investigation, prevention,
prosecution, and punishment, as well as pertains to missing persons and unidentified dead
bodies.42 There are specific guidelines to ensure that the exchange of information follows only
data directly relevant to criminal and police matters are communicated. Equal care is taken to
ensure that unauthorized recipients do not have access to information and also not result in
possible publication.43
The Rules also provide procedure for the formation of a Supervisory Board consisting of five
persons of different nationalities. The Supervisory Board members who are often experts in
electronic data systems or are holders of important judicial posts are responsible for verifying
that the personal information in the General Secretariat is processed in accordance with
INTERPOL's Constitution and other restrictions of the agency that preserve personal rights and
liberties. Thereby the documentation of the Rules has been of great significance in the
maintenance of the organization's criminal intelligence and its circulation.
B. ORGANIZATIONAL STRUCTURE
Article-5 of the INTERPOL Constitution states that it shall comprise of The General Assembly,
The Executive Committee, The General Secretariat, The National Central Bureaus, The
Advisers and The Commission for the Control of Files.
B.1. The General Assembly
Articles 6-14 in the Constitution are specifically devoted to the General Assembly-definition,
membership functions, and powers. It defines the General Assembly as the "body of supreme
authority in the Organization."44
Article 7 provides for the composition of General Assembly. Each Member nation can be
represented by one or more delegates; however, for each country there shall be only one head
of delegation appointed by the competent governmental authority of that member country.
41
1989) p-60.
42
1989) p-79
43
Brackley, Lasely (1982), "Origins of lnterpol", International Criminal Police Review 383: 296,p-272.
44
Article 6 of ICPO-INTERPOL Constitution, 1956
16
Because of the technical nature of the Organization, Member nations should attempt to include
the following persons in their delegations:
a. High officials of police department dealing with such affairs,
b. Officials whose ordinary duties are connected with the activities of the Organization
itself.
c. Specialists in the subjects on the agenda of General Assembly.
The General Assembly meets annually in different countries. There is a provision for holding
Extraordinary sessions at the request of the Executive Committee or of the majority of
Members.45
Though the General Assembly is a sovereign body of an international organization, it has no
power over the police forces of member countries, its influence is restricted to making of
recommendations and providing suggestions.46
The decisions taken at the General Assembly are to be tried and implemented by member
countries though no decision, recommendation, or suggestion is binding on any member
country as national sovereignty is the basic principle on which INTERPOL works. Further,
only one delegate from each member nation has the right to vote in the General Assembly.47
The General Assembly has certain specific functions, as laid down in Article 8 of the
Constitution:
a. To carry out the duties provided in the Constitution.
b. To determine principles and provide the general measures suitable for achieving the
objectives of the ICPO as given under Article 2 of the Constitution.
c. To examine and sanction the general programme of activities prepared by the Secretary-
General for the upcoming year.
d. To determine any other regulation considered necessary.
e. To elect persons who can perform the functions mentioned in the Constitution.
f. To adopt resolutions and make recommendations to member nations on matters in
which the ICPO has competence to deal.
g. To govern the financial policy for the ICPO.
h. To inspect and approve any agreements to be made with other organizations.
45
46
1989) p-80
47
17
The General Assembly provides a forum of discussion on variety of topics of particular interest
to member nations. Decisions in General assembly are made by a simple majority except in
those cases where a two-thirds majority is required by the Constitution. The General Assembly
sessions also provide the delegates with an opportunity to meet their counterparts from various
countries and share their professionalism and guidance towards mutual trust and expectation.48
B.2. Executive Committee

Articles 15-24 of the Constitution and Article 39-41 of the General Regulations are specifically
dedicated to the Executive Committee. The Executive Committee comprises of 13 officers who
meet atleast once in a year. The Committee is composed of a President (elected for a term of
four years), three Vice-Presidents (elected for periods of three years), and nine other delegates
(also elected for terms of three years) elected by the General Assembly with two-third
majority.49 With the exception of the President, the other Committee members are not
immediately eligible for re-election.
After the mysterious disappearance50 of INTERPOL’s President, Meng Hongwei and his
consequent resignation, the Senior Vice-President KIM Jong Yang51 is taking up his charge
until a new President is appointed.
The major tasks of the President of the Organization under Article- 18 are to preside at
meetings of the General Assembly and the Executive Committee and direct the discussions on
variety of subjects, to ensure that the activities of the Organization are in accordance with the
decisions of the General Assembly and the Executive Committee, to maintain as far as possible
direct and constant contact with the Secretary General of the Organization.52
The Executive Committee meets thrice a year and is convened by the President of the
Organization. In the exercise of their duties, all members of the Executive Committee will
conduct themselves as representatives of the Organization and not as representatives of their
respective nations.53
48
1989) p-77.
49
Article 15-17 of ICPO-INTERPOL Constitution, 1956
50
The president of INTERPOL, was reported missing in China. The Chinese government said Meng was “under
supervision” and being investigated on bribery charges reported as “How the weird case of the missing
INTERPOL chief got even weirder” by Jen Kirby published on Oct 8, 2018 in
https://www.vox.com/world/2018/10/8/17952378/INTERPOL-meng-china-investigation-corruption
51
https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/President
52
53
18
Furthermore the functions performed by the Executive Committee are inclusive of the
following:
a. Supervise the execution of the decisions taken by General Assembly;
b. Preparation of the agenda for sessions of the General Assembly;
c. Submission to the General Assembly of any programme of work or project which it
considers beneficial;
d. Supervise the administration and work of the Secretary General;
e. Exercise of all the powers delegated to it by the Assembly.54
The Executive Committee has in itself powers supreme to most of the functioning organs of
lnterpol. Yet these powers are non-exercisable under a weak Executive Committee which only
endorses the decisions taken by the Secretary-General. The closure of the 1970s witnessed
Executive Committees playing soft with Secretary General on various global issues. Amidst
the strong criticism arose the next set of Committee members in the 1980s who adopted a more
aggressive attitude and brought INTERPOL off its track of non-involvement.55 Consequently,
new initiatives were taken on the financial assets of international criminals, on anti-fugitive
operations, on drug traffic control and on the modernization of INTERPOL's
telecommunication system. The new stand adopted by Executive Committee members has
provided more than an encouragement to INTERPOL to undergo modernization.56
B.3. General Secretariat

The General Secretariat is a permanent administrative organ through which INTERPOL
operates. Its primary function is to implement the decisions taken by the General Assembly
and the Executive Committee apart from coordinating the fight against international crime,
collecting information on crime and criminals, and maintaining contact with national and
international authorities.
Articles 25-30 of the Constitution specify the role and provisions for the General Secretariat.
As laid down in the Constitution, INTERPOL is headquartered in France. The Secretariat was
located in Saint Cloud while signing the Headquarters Agreement in 1972 and renewing it
thereafter in 1978 and 1982. But after the terrorist attack on the Secretariat in 1985, it was
54
55
1989) p-82.
56
Brackley, Lasely (1982), "Origins of lnterpol", International Criminal Police Review 383: 296,p-274.
19
relocated to Lyons.57
The General Secretariat consists of the Secretary General and a technical and administrative
staff entrusted with the activities of the Organization.58 The Secretary-General who heads the
technical and administrative staff is responsible for engaging and supervising them,
administering the budget of the organization and establishing and running the permanent
departments at the headquarters.59
The appointment of the Secretary General is proposed by the Executive Committee and
thereafter approved by the General Assembly for a period of five years. The Secretary General
may be reappointed only once, for a further period of five years, but must leave the office on
reaching the age of sixty-five. The Secretariat is headed by the Secretary-General who is to be
"chosen from among persons highly competent in police matters".60
Until 1985, the post of the Secretary-General was occupied by French officials; prior to the
revival of the organization after World War I, the office of Secretary-General was held by an
Austrian official, Oskar Dressler. The trend was broken for the first time when Raymond E
Kendall of the Scotland Yard succeeded Andre Bossard as Secretary-General and for the first
time, in 2000, the organization had a non-European Secretary-General when Ronald K Noble,
an American, was elected to the post. He was re-elected for further terms up to 2014. The
current Secretary General of INTERPOL is Jürgen Stock.61
Apart from this, the functions of General Secretariat are inclusive of the following:
a. To put into application the decisions taken by the General Assembly and the Executive
Committee;
b. To serve as an international centre in the fight against ordinary crime;
c. To serve as a technical and information centre;
d. To ensure the efficient administration of the Organization;
e. To maintain contact with national and international authorities whereas questions
related to the search for criminals shall be dealt with through the National Central
Bureaus;
f. Produce any publications which may be considered beneficial;
57
1989) p-94.
58
59
60
61
https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/Secretary-General
20
g. Organize and perform secretariat work at the sessions of the General Assembly, the
Executive Committee and any other body of the Organization;
h. Draw up a draft programme of work for the upcoming year for the consideration and
approval of the General Assembly and the Executive Committee;
i. Maintain as far as possible direct and constant contact with the President of the
Organization.62
Recognizing the importance of bringing together police of all countries to share experiences
and deal with common crime issues, the Secretariat has made its global presence with seven
regional offices at:
a. Argentina (Buenos Aires)
b. Cameroon (Yaoundé)
c. Côte d’Ivoire (Abidjan)
d. El Salvador (San Salvador)
e. Kenya (Nairobi)
f. Thailand (Bangkok)
g. Zimbabwe (Harare)63
Further, the presence of organization at international level is strengthened by liaison offices at
the United Nations in New York, at the European Union in Brussels and at the African Union
(Addis Ababa). Such offices provide the organization with an opportunity to work closely with
those UN and EU departments and agencies which share their mission of prevention and
fighting against transnational crime and build joint initiatives to expand regional and global
security. Further it established the INTERPOL Global Complex for Innovation (IGCI) in
Singapore (officially inauguration done in April 2015). The activities of IGCI are basically
concerned with research and development in the identification of offence and offenders,
innovation-based capacity building and provisions for 24/7 operational police support.64
B.4. National Central Bureau (NCB)

At the heart of every INTERPOL member nation is a National Central Bureau (NCB) which
links national police with INTERPOL. It is basically a division of the national police agency
or investigation service which serves as the contact point for all the INTERPOL activities in
the field. It is staffed by highly trained police officers and considered as lifeblood of
62
63
https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/General-Secretariat
64
https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/General-Secretariat
21
INTERPOL and contribute to organization’s criminal databases and cooperate on cross-border

investigations, operations and apprehensions of criminals.65
To ensure this cooperation, each country is required to appoint a body which will serve as the
National Central Bureau which entrusted with a duty to ensure liaison with:
a. The various departments present in the country;
b. Those bodies in other member countries which serve as National Central Bureaus;
c. The INTERPOL’s General Secretariat.66
Apart from acting as liaison agencies, NCBs can also make investigations on their own. The
NCB Policy states that this is "the integral organization of national affairs".
The choice of appointing an agency as the NCB is the member country's own decision if such
an agency fulfils the criteria provided under the NCB Policy:
a. Only a 'department' and not an 'individual' can be appointed. This shows the official,
permanent and impersonal nature of international cooperation.
b. A department which has far-reaching repute and significant moral authority should be
chosen. The Chief of such a department should be in a position to make orders and have
them followed or at least make recommendations that carry weight.
c. if possible, a police department within the member country should be appointed as the
NCB and it should be so well placed to start instant police action in a criminal
investigation at any time.
d. To ensure that the main objective of the ICPO-INTERPOL is fulfilled, such
departments working within its framework should be able to order police action.67
To warrant the compliance with the regulations of INTERPOL, The National Central
Bureaus (NCBs) are made responsible for any information they are providing to INTERPOL's
databases or information system. NCBs should try to ensure that the information provided by
them is accurate, relevant and latest, and that its processing is in consonance with the
Organization's Constitution as well as with the national legislation of member country.
In addition to this, the NCBs are also made responsible for the entities and individuals they
have allowed to consult the information of police in their country. Therefore, the national
authorities which are outside the NCB but allowed to use or access INTERPOL information
are under the control of their respective NCB.
65
https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/National-Central-Bureaus
66
67
http://shodhganga.inflibnet.ac.in/bitstream/10603/14325/9/09_chapter%204.pdf
22
Finally, the NCBs have a role of supervision with respect to other NCBs which implies that
whenever they have a suspicion that the rules of organization might not have been adhered to
by another NCB, they may give signal to the General Secretariat, which can take appropriate
measures to remedy the situation.68
B.5. Commission for the Control of INTERPOL’s Files

The CCF aims to ensure that the processing of personal data in the form of names and
fingerprints is in tune with INTERPOL's rules, so that both the fundamental rights of
individuals and the cooperation among police internationally can be protected.69 The members
of the Commission for the Control of Files must possess the expertise needed for it to carry out
its functions. Its composition and functioning will be subject to specific rules to be made by
the General Assembly.70
It came into existence on the basis of the Headquarters Agreement and a concretizing Échange
de lettres with France in 1982. Its establishment was further “legitimatised” by a resolution of
the General Assembly. The Commission consists of five persons of which three are data
protection experts, one is computing science expert and one member is of the Executive
Committee. For their nomination, regard is made to their expertise and independence. The
experts are chosen by the General Assembly from among the candidates who are named by the
member countries and previously selected by the Executive Committee. The Control
Commission has a power to elect its own chairman. Having its own procedural rules, it meets
at least three times per annum. Therefore, the Commission can perform its tasks independently
and it is not bound by instructions. It possesses an indispensable administrative control over
the Organization even though it does not have a real instrument of enforcement.71
B.6. Advisors
Articles 34-35 of the Constitution and Articles 46-50 of the General Regulations are devoted
towards the selection, functions and uses of Advisors. Advisors are people of global repute
who are consulted in matters of scientific interest to the ICPO. The ICPO presently consists of
10 Advisors who are appointed for a term of three years by the Executive Committee.72 Their
68
https://www.INTERPOL.int/About-INTERPOL/Legal-materials/Compliance-with-the-rules
69
https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/Commission-for-the-Control-of-
INTERPOL%E2%80%99s-Files
70
71
The Administration of Information in International Administrative Law - The Example of INTERPOL By
Bettina Schöndorf Haubold available at
https://static1.squarespace.com/static/56330ad3e4b0733dcc0c8495/t/56b85ccd859fd0b8c4b201f5/14549229576
64/GLJ_Vol_09_No_11_Schondorf-Haubold.pdf
72
23
services can be availed by the President, Executive Committee, General Assembly, and the
Secretary-General.
24
IV. FUNCTIONS OF INTERPOL AND EVAULUATION OF WORK DONE
A. CORE FUNCTIONS OF INTERPOL

INTERPOL functions closely with all the member countries and international organisations
such as the UN and EU against transnational crime. The four core services which can be availed
from INTERPOL by frontline officers in criminal investigations are as follows:
A.1. Securing Global Police Communication Services

INTERPOL has developed a system of global police communication known as I-24/7 which
enables any member country to apply for and submit and have access to vital data instantly in
a protected environment. Liaison Bureau (LB) is linked to this system and frontline officers
can access INTERPOL services via LB.73
Sharing of police information lies at the centre of INTERPOL’s mandate. Therefore, it focuses
on managing secure communication channels that can connect National Central Bureaus in all
the member nations along with other approved law enforcement agencies throughout the world
by giving access to a range of criminal databases. It also helps member countries in the quality
of data shared and producing analysis in order to enable the law enforcement agencies to make
a well-informed tactical, operational or strategic decision.74
A.2. Operational Data Services And Databases For Police

Through the system of I-24/7, member countries are provided direct and immediate access to
a wide range of databases like Nominal Data; Stolen and Lost Travel Documents; Stolen Motor
Vehicles; Stolen Works of Art; DNA Profiles; Fingerprints, and Counterfeit Payment Cards.
For instance, in 2008, Stolen Motor Vehicles Database was utilised by Organised Crime and
Triad Bureau during an operation which lead to the identification of three recovered vehicles
of which one was reported stolen by the National Police Agency of Japan.75
(i) INTERPOL’s Wanted Persons Notifications

Notices are published against wanted persons by INTERPOL’s General Secretariat at a request
made by National Central Bureaus (NCBs) and other authorized entities in any of the official
73
https://www.police.gov.hk/offbeat/908/eng/n12.htm
74
https://www.INTERPOL.int/About-INTERPOL/Priorities
75
25
languages of the Organization: Arabic, English, French and Spanish. Such notices are
international requests for assistance and allow police in member countries to exchange critical
information related to crime.76 The Notices usually consist of information about items or
characteristics to identify the wanted persons and of legal information as to the charges brought
against the person, as far as they may be available.
In addition to this, Notices are used by the United Nations, International Criminal Tribunals
and the International Criminal Court to find persons wanted for commission of crimes within
their jurisdiction, notably genocide, war crimes, and crimes against humanity. 77
Kinds of Notices
INTERPOL publishes six different searching criteria and colours:
a. On the highest level of search are the so called Red Notices. They are issued for the
persons against whom a national or international court has issued a warrant of arrest.
Notably, the Notice itself has not the actual effect of an arrest warrant. It is merely a
request of the issuing authority to provisionally or finally apprehend the wanted person
for extradition. Red Notices may be issued either before the commencement of a trial
or to be able to execute a sentence passed in the trial.
b. Blue Notices are used to gain supplementary information on people, who are connected
with a crime.
c. Green Notices are used to give warnings or police information against such individuals
who have committed crimes in one or more jurisdictions and are likely to commit in
other states as well.
d. Yellow Notices are issued to find missing persons or to identify those who are not
capable of identifying themselves.
e. Black Notices are used to collect information on unidentified bodies.
f. Orange Notices are used to issue warnings against possible assaults on public security
by terrorist attacks or crimes.78
By the implementation of the resolution Nr. 1617 of the UN Security Council79, a new wanted
notification tool has been established which is specifically concerned with fight against
terrorism and it is known as the INTERPOL-United Nations Special Notice. With this type
76
https://www.INTERPOL.int/INTERPOL-expertise/Notices
77
78
79
The Resolution requests the UN-Secretary General to cooperate with INTERPOL in order to assist the
Committee 1267 of the Security Council in the best possible way at its work.
26
of Notice, the criminals listed by the Security Council of the UN can be searched throughout
the world via INTERPOL.
An alternative mechanism to the rather formal Notice is the so-called “Diffusion” for
assistance or alert. This is less formal in nature than the six notices mentioned above but can
also used to request the apprehension or location of individual or supplementary information
in relation to a police investigation. A diffusion is directly put into circulation by an NCB to
the member countries of its choice, or to the entire INTERPOL membership and is at once
recorded in INTERPOL’s Information System.80
Legal Requirements for publication of Notices
The various legal requirements for the issuance of notices are provided in the INTERPOL’s
Rules on the Processing of Data81. According to them, Notices can be issued by the General
Secretariat either at the application of an authorized entity or by its own initiative. Usually, the
National Central Bureaus are considered the author of a Notice. INTERPOL on its own motion
can only issue Green and Orange Notices. If a Notice fails to meet the formal requirements of
the Constitution and other INTERPOL regulations, it is prohibited by the General Secretariat.82
The principle of criminal justice system that an accused is considered innocent until proven
guilty also applies to individual who is subject to an INTERPOL Notice.83
(ii) Red Corner Notices and Extradition

Red Notices are issued “to get the wanted person provisionally arrested with a view to facilitate
his extradition based on an arrest warrant or court decision.” According to INTERPOL, the
warrant for arrest or court’s order in the requesting state is the legal foundation of a Red Notice
and “many” INTERPOL member nations consider that the Red Notice is a valid request for the
provisional arrest of a fugitive.
Furthermore, INTERPOL has been recognized as an official way of transmitting requests for
making provisional arrests in a number of bilateral and multilateral extradition treaties existing
between member countries, including the European Convention on Extradition, the Economic
80
81
Adopted as Resolution Nr. AG-2003-RES-04 by the General Assembly at its 72nd session in Benidorm 2003,
amended by the Resolution Nr. AG-2005-RES-15 and entered into force in its amended form on 1 January 2006.
82
83
27
Community of West African States (ECOWAS) Convention on Extradition, and the United
Nations Model Treaty on Extradition.84
Issuance Process
INTERPOL describes in following words the use of Red Notices as a means of locating and
apprehending wanted individuals as a part of pre-extradition procedure. After a Magistrate or
the Ministry of the member country asks its NCB for circulating an arrest warrant
internationally, the NCB transmits a request to the INTERPOL General Secretariat for an
issuance of Red Notice. Once the General Secretariat has examined and checked the material
particulars of request, the Red Notice is transmitted to all the member countries through their
NCBs. Each NCB as a result circulates the notice to the concerned departments in the state. If
a police department locates such individual, it informs that country’s NCB and takes the
essential authorized measures, while the NCB informs INTERPOL’s General Secretariat and
the original requesting NCB. The latter then informs the magistrate who had issued the arrest
warrant.85
Treatment of Red Notices by Different Recipient Jurisdictions
If there exists between a requesting and the requested countries a bilateral or multilateral treaty
or convention, the Red Notice is considered valid for purposes of making a provisional arrest
and even more so if the treaty or convention allows for the using INTERPOL channels to
forward such requests.86
However, the United States is one of the jurisdictions which will not carry out a provisional
arrest on the basis of a Red Notice and a relevant bilateral or multilateral treaty. Reportedly,
“the United States cannot recognize a Red Notice as a request for
provisional arrest, but does enter other countries’ Red Notice fugitives in
NCIC (the National Crime Information Centre) if the U.S. has an
extradition treaty with the requesting country and if the Red Notice itself
contains all information that NCIC requires.”87
84
85
INTERPOL: Red Notices published by The Law Library of Congress, Global Legal Research Center (2010)
available at https://www.loc.gov/law/help/archived-reports/INTERPOL-red-notices.pdf
86
INTERPOL’s International Notices System, McNabb Ferrari, P.C., http://www.federalcrimes.com/
INTERPOLsinternational-notices-system.html
87
28
Similarly, under the laws of Hong Kong, the member countries do not have the legal power to
make arrests or provisional arrests of any persons solely based on the INTERPOL Red Notice.
The countries can only exchange intelligence with the requesting country about the location of
their wanted person against whom has been the Red Notice published. Steps to make arrest can
only be taken upon a formal extradition request made via the Department of Justice (D of J)
under Surrender of Fugitive Offender (SFO) agreements.88
A.3. Operational Police Support Services

INTERPOL has six primary crime areas viz. corruption, drugs and organized crime, financial
and high-tech crime, fugitives, public safety and terrorism, and trafficking in human beings.
INTERPOL also works as a 24-hour Command and Coordination Centre to aid any member
country facing a crisis situation, co-ordinate the flow of information and assume the role crisis-
manager during serious incidents.89
Based at General Secretariat (IPSG), the Command and Co-ordination Centre operates 24/7. It
functions to link IPSG, National Central Bureaus and regional offices while serving as the first
point of contact for any member country facing a crisis situation. This includes deployment of
Incident Response Teams or Disaster Victim Identification Teams to the crisis sites of terrorist
attacks or natural disasters, or INTERPOL Major Event Support Teams (IMEST) to provide
assistance to the host countries of sporting events or world summits with security measures.
For example, INTERPOL sent their IMEST to render aid to the Force when Hong Kong hosted
the WTO MC6 Conference in 2005.90
A.4. Police Training And Development

The INTERPOL Global Learning Centre is a Learning Management System which consists of
a directory of experts, e-learning packages and a depository of research papers and best
practices. Together with providing regular training programmes, the organisation’s ultimate
aim is enhancing member countries' capacity in combating international crime and terrorism.91
88
89
http://www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/sede290109INTERPOLfactsheet_/SEDE2
90109INTERPOLfactsheet_en.pdf
90
91
29
Furthermore, the INTERPOL offers member countries with focused police training initiatives
for domestic police forces, and also provides on-demand advice, guidance and support in
building dedicated crime-fighting machinery. This includes sharing of knowledge, skills and
best practices in police functioning and the establishment of global standards for fighting
specific crimes.92
B. EVALUATION OF WORK DONE BY INTERPOL

INTERPOL is based upon mutual assistance by national law enforcement agencies and
functions with full neutrality besides ensuring respect for the human rights of a suspect. The
International Notice Issuance notices to alert law enforcement agencies around the world of
potential threats or to ask for aid in solving crimes by apprehension of offenders.93
Some of the instances in which various countries have apparently taken an immediate action
to make a provisional arrest on the basis of a Red Notice are:
France: made arrest of a wanted Rwandan national (2008);
Germany: made arrest of a wanted Rwandan national (2008);
South Africa: made arrest of a wanted Tunisian national (2010);
Tanzania: made arrest of Rwandan (2008);
Thailand: made arrest of a wanted Canadian national (2007).94
However, INTERPOL’s high repute recognition and global reach encourages its autocratic
member nations to exploit this recognition and reach and to utilize its services as instruments
of oppression.95 Some authoritarian countries (Russia and China, among them) abuse the
organization to target strong critics or protestors by issuing red notices through the
organization.96
92
http://www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/sede290109INTERPOLfactsheet_/SEDE2
90109INTERPOLfactsheet_en.pdf
93
“Abusive use of the INTERPOL system: the need for more stringent legal safeguards” by Bernd FABRITIUS,
Germany, Group of the European People's Party available at http://website-
pace.net/documents/19838/3254453/20170227-+PRESSajdoc-EN.pdf/d5a0698e-c954-4906-b282-
9832e87c01bd on 24th November, 2018.
94
95
Necessary Reforms Can Keep INTERPOL Working in the U.S. Interest
BY Theodore Bromund and David Kope available at https://www.heritage.org/global-politics/report/necessary-

reforms-can-keep-INTERPOL-working-the-us-interest
96
How the weird case of the missing INTERPOL chief got even weirder by Jen Kirby published on Oct 8,
2018 in https://www.vox.com/world/2018/10/8/17952378/INTERPOL-meng-china-investigation-corruption
30
Persons targeted by Red Notices cannot successfully challenge them before any national or
international court. Such jurisdictional protection can only be reasonable to the extent that an
effective remedy is provided by an internal appeals mechanism, within the meaning of human
rights standards applicable. In this way, INTERPOL’s “Commission for the Control of Files”
(CCF) has been condemned for being ill-equipped to handle the large and growing number of
complaints and their complexity.97
The organisation has recently adopted certain reforms and stressed the importance of their
implementation which includes strengthening of preventive checks before a Red Notice is
circulated, strengthening of the CCF, strictly dealing with NCBs, which are repeatedly
requesting the issuance of abusive Red Notices.98
Furthermore, with its on-going commitment and devotion to fight terrorism world-wide,
INTERPOL has responded to the United Nations’ mandate for ‘Counter-Terrorism Capacity
and Delivery’. Through its various services, INTERPOL is availing its member countries
international law enforcement agencies and other United Nations partners with terrorism
combating ‘Best Practices’. With ‘improved system of communications’ and ‘the exchange of
information’ constituting two of the most important elements in combating terrorism,
INTERPOL is devoted to continue improving its existing law administration network and
improving the technical infrastructure, capacities, and capabilities to fight world crime.99
97
http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=23524&lang=en
98
Abusive use
99
https://www.un.org/sc/ctc/wp-content/uploads/2016/03/bestprac-interpol.pdf
31
V. INDIA AND INTERPOL
India is one of the oldest members of INTERPOL which joined the organization in 1949. The
Central Bureau of Investigation, a Federal/Central investigating agency which is functioning
under the Central Government’s Department of Personnel & Training is designated as the
National Central Bureau of India working in collaboration with INTERPOL. The Director of
the Central Bureau of Investigation is the designated ex-officio Head of the NCB-India. It
functions under the immediate control of an officer of the rank of Superintendent of Police. All
the internal matters related to the NCB India are, however, dealt with by the Ministry of Home
Affairs, Government of India.100
Earlier the Intelligence Bureau was serving as the ICPO-INTERPOL’s National Central Bureau
for India.101 Subsequently, the Government conveyed its decision of transferring the
INTERPOL work from Intelligence Bureau to the Central Bureau of Investigation that the
Central Bureau of Investigation and henceforth declared it to be the representative of India for
the purposes of correspondence with the ICPO-INTERPOL.102
India has also been seen as the relatively more active member. Therefore, India has hosted an
Inter-Regional Meeting of heads of Drug Services in 1988, the first INTERPOL Conference
on Methaqualone in 1992, the 13th Asian Regional Conference in 1994, and the 66th General
Assembly Session of ICPO-INTERPOL in 1997. Apart from this, CBI officials have also been
closely associated with the activities of the INTERPOL. Indian national Mr. F.V.Arul served
on the Executive Committee of the INTERPOL as Vice President for Asia. Later on two other
Directors of the CBI Mr. M.G.Katre and Mr. Joginder Singh served as delegates on the
Executive Committee. Another distinguished Director of CBI to be elected to the Executive
Committee and later to the office of Vice President for Asia, was Shri. P.C.Sharma. Sh. U.S.
Misra and Sh. Vijay Shanker, former Director, CBI were also elected as INTERPOL Executive
Committee Delegate for Asia.103
A. INTERPOL WING OF CBI

To deal with INTERPOL work, a special Wing designated as "INTERPOL Wing" was
created in the Co-ordination Division of the Central Bureau of Investigation. All
100
http://www.cbi.gov.in/INTERPOL/INTERPOLdelhi.php
101
Vide circular letter dated 18.3.1949 of Ministry of Home Affairs, Government of India.
102
Vide circular letter dated 17.10.1966 of Ministry of Home Affairs, Government of India.
103
http://www.cbi.gov.in/INTERPOL/INTERPOLdelhi.php#Role
32
communication with the General Secretariat of the ICPO-INTERPOL and other National
Central Bureaus is presently being conducted by this INTERPOL Wing of the C.B.I.104
There is a daily inflow and outflow of correspondences between INTERPOL New Delhi and
National Central Bureaus of member countries which ranges from an application of request to
locate and inform the next-of-kin of a death; request to find a missing person; requests for
criminal history records for any number of reasons; requests to carry out investigations in cases
of fraud, commercial crime, trafficking in narcotics drugs, and criminal code offences up to
cases of murder.105 One of its main activities is to collect information relating to international
law enforcement from Police forces operating within the state and other law enforcement
agencies functioning within India and transmit the same to the ICPO-INTERPOL General
Secretariat and the concerned NCBs. This function can be performed effectively and smoothly
only when the information relating to international law enforcement is regularly and swiftly
reported by the State Police authorities, etc. to the INTERPOL Wing.106
Functions of INTERPOL Wing explained
a. Arrest of Foreigners in India- On various occasions foreigners have been arrested in

India for violation of existing Indian laws particularly concerning customs, narcotics
drugs, staying in India beyond the period of visa allowed in their passports, for having
committed any heinous offence, habitual offenders, etc. Therefore, whenever a
foreigner is arrested in India, a report is immediately sent to the INTERPOL Wing with
a view to check the true identity of the person arrested and his criminal antecedents, if
any.107
The action taken against a fugitive foreigner is governed by Article 34(b) of the Indian
Extradition Act, 1962, which deals with arrest and extradition of the fugitives on receipt
of request via diplomatic channels and under a warrant issued by a magistrate having
competent jurisdiction to act.108
b. Arrest of Indians Abroad- With respect to Indians arrested under foreign laws, it
receives their arrest reports along with photographs and fingerprints of from foreign
NCBs. When such reports are received, the fingerprints are sent to the National Crime
Records Bureau for record keeping and checking of previous convictions, if any.
Simultaneously, the concerned local police authorities are directed to conduct enquiries
104
http://www.cbi.gov.in/INTERPOL/INTERPOLdelhi.php
105
106
http://www.cbi.gov.in/INTERPOL/assist.php
107
108
'Extradition', available online at http://cbi.nic.in
33
about the true identity and past records of such Indian nationals arrested abroad. The
report of local police should include all relevant information along with any other
information which may be required by the foreign NCBs.109
c. Investigation of Cases- During the course of investigation by local police authorities
and other agencies, sometimes it becomes absolutely necessary to conduct a part of the
investigation e.g. interrogation of a witness, suspect or accused, verification of some
facts, etc. in a foreign country. In these cases, a note containing the relevant facts of the
case together with the points on which investigation is needed to be conducted in a
foreign country should be sent to the CBI’s INTERPOL Wing. If a person is required
to be interrogated, the note should be accompanied by a questionnaire.110
d. Information from IPSG- The General Secretariat of the ICPO-INTERPOL works to
centralize the information received by it from member countries about crimes and
criminals. Such police information received at the General Secretariat is indexed under
different headings by INTERPOL’s Criminal Records Department. The following
examples demonstrate the various types of information that can be provided by the
General Secretariat to the various police departments in India through the INTERPOL
Wing, swiftly and accurately, by consultation of the various indices:
i. Alphabetical Name Index
ii. Phonetic Name Index
iii. Passport
iv. Motor Vehicles
v. Weapons
vi. Corpses
vii. Places where offences were committed
viii. Cheques and travellers Cheques
ix. Drugs
x. Murder and attempted murder
xi. Fingerprint files
xii. Photographic file111
To cooperate with CBI in matters relating to INTERPOL, Liaison Officers have been chosen
109
110
111
34
in all States, with generally Addl. DGP/IG/DIG Crime Branch, CID acting in that capacity.112
B. ARRESTS IN PURSUANCE OF RED NOTICES ISSUED BY INTERPOL
A Red Corner Notice per se does not grant a status of warrant of arrest rather it is merely a
request of issuing country to keep surveillance on the concerned individual and provisionally
or finally arrest the wanted individual for extradition. Thus, by itself, a red corner notice cannot
become the basis of arrest or transfer of an Indian Citizen to a foreign country, though the
issuance of red corner notice has several consequences like:
a. Requesting country can make a deportation request (governed by the Foreigners Act);
b. Law enforcement agency in India may be required to take up follow action with regard
to apprehension of the fugitive criminal;
c. information received via the red corner notice is required to be circulated all over
INTERPOL website;
d. Extradition proceedings may follow.113
Accordingly it was held by the Supreme Court in Bhavesh Jayantilal Lakhani v. State of
Maharashtra,114
“a fugitive criminal can only be apprehended according to the provisions of the
1962 Extradition Act. The situation will, however be different in case of an
endorsed warrant, that is to say, where a warrant has been issued by a foreign
country against a fugitive in India, and India has an extradition treaty with that
foreign country and offence complained of is a extraditable offence, in that case
the Central Government has to endorse that warrant and the same can be
executed thereafter as per Section-17 of the Extradition Act.”
India’s interaction with INTERPOL
India has interacted with INTERPOL while handling sensational cases like the Bofors deal and
the Bombay blasts of 1993. In the Bofors case, documents necessary for the investigations were
acquired from the Swiss police through the General Secretariat. In the Bombay blast
investigation, red-corner notices were issued against Memon and others for making conspiracy
and orchestrating the blasts. In this way, the Indian police have been successful in arresting
quite a few conspirators, though Memon himself evaded arrest. The Tamil Nadu Chief
Minister- J Jayalalitha's alleged violations against the Foreign Exchange Regulations Act
(FERA) were also investigated by INTERPOL channels. However, one of the most successful
112
113
(2009) 9 SCC 551
114
(2009) 9 SCC 551
35
cooperative investigation which was carried out between India and INTERPOL so far is the
case relating to the Purulia Arms Drop.115
According to recent data uploaded by Ministry of External Affairs in India, the number of
fugitives extradited to India by foreign countries from 2002 till date are 67, the most recent
being Vinay Mittal charged with Cheating, forgery, criminal conspiracy by Indonesia and
Mohammed Yahya by Bahrain.116
The number of fugitives extradited by India to foreign countries from 2002 till date are 51, the
most recent being Khakimova Lola to Uzbekistan charged with Human Trafficking and
Gurung Mukhiya to Nepal charged with Murder.117
While the INTERPOL is quick to publish a RCN, the success rate at which fugitives are
arrested is dismal. There are currently around 600 RCNs pending and the persons against whom
they have been issued remain elusive. There is an RCN against Dawood Ibrahim, Tiger
Memon, Hafiz Saeed and others. Though these notices have been issued a long time ago, the
fact is that they have made no difference.118
As on this date, there are around 150 extradition requests pending with various foreign
countries.119 In around 26 years of the extradition treaty being in operation between Inida and
UK, the UK has accepted only one request for extradition of a fugitive (Samirbhai Vinubhai
Patel) living in that country. All other requests remain pending till date including Vijay
Mallya’s.120
PNB Money Laundering case
The INTERPOL has till now published Red corner notices against Nirav Modi, his brother
Neeshal, sister Purvi, his executives Subhash Parab and Mihir R Bhansali.
The request for issuance of INTERPOL notice against Mehul Choksi has also been made but
RCN request has been put on hold after a representation by Choksi in which he alleged that the
cases against him are a consequence of political conspiracy and also raised questions about jail
conditions in India, his personal security and health among others.
115
http://shodhganga.inflibnet.ac.in/bitstream/10603/14325/10/10_chapter%205.pdf
116
LIST OF FUGITIVES EXTRADITED BY FOREIGN GOVERNMENTS TO INDIA available at
https://www.mea.gov.in/toindia.htm
117
LIST OF FUGITIVES EXTRADITED TO FOREIGN COUNTRIES available at
https://www.mea.gov.in/byindia.htm
118
https://www.oneindia.com/india/red-corner-notices-how-effective-is-it-there-are-over-600-pending-
2503553.html
119
https://www.mea.gov.in/rajyasabha.htm?dtl/29782/QUESTION_NO4338_EXTRADITION_REQUESTS_PE
NDING_WITH_GOVERNMENT
120
https://www.indiatoday.in/india/story/vijay-mallya-extradition-case-1301201-2018-07-31
36
INTERPOL subsequently asked for more information about the criminal case filed by India
against Mehul Choksi, under the Prevention of Money Laundering Act (PMLA), which had
been replied to and now a reminder has been sent to INTERPOL through the national central
bureau (NCB) of the INTERPOL in India. Thus, till date no action has been taken by
INTERPOL against fugitive Mehul Choksi121
121
Probe Agency Sends Reminder For Red Corner Notice Against Mehul Choksi published on September
10, 2018 at https://www.ndtv.com/india-news/probe-agency-sends-reminder-for-red-corner-notice-against-
mehul-choksi-1914287
37
VI. CONCLUSIONS AND SUGGESTIONS
A. CONCLUSION
Crime and criminality are as old as humanity itself and their total elimination appear to be
beyond human ingenuity. However, for combating crime especially the transnational crime,
the thorough investigation of cases by independent and competent agencies is an important
requirement. International police cooperation allows countries to organize their plan of attack
more accurately since they gain more of a ‘big picture’ perspective and knowledge of the
activities of the group/ perpetrator being investigated. Since transnational crime shows a
complete disregard of national boundaries, international police services are to some extent able
to respond to this behaviour with a relaxation of the idea of national jurisdiction. While the
majority of police training is run by and for national authorities, it is INTERPOL’s mandate to
provide and facilitate specialised training for global law enforcement in all 192 of its member
countries. Capacity building and training is primary to INTERPOL’s mission to develop
cooperation and innovation on matters related to police and security. Through INTERPOL,
member nations can securely communicate with each other, share and access vital police
information whenever and wherever required at the same time ensuring the safety of the world
population. Further, the INTERPOL has at all the times presented and promoted innovative
and cutting edge solutions to global problems in policing and security. Moreover, INTERPOL
is a neutral agency that does not act upon events involving political, military, ethnic or religious
issues. It strives to follow its mandate with sincerity and dedication.
Therefore, we can say that INTERPOL is facilitates the widest possible mutual assistance
between all the criminal law enforcement agencies and ensures global access to police data and
information and provides operational support on recognised priority crime areas. It encourages
continuous improvement in the ability of police worldwide to prevent and battle crime with the
development of knowledge and skills essential for effective international policing.
B. SUGGESTIONS
On April 23, 2012, an Egyptian request to issue a Red Notice against 15 personnel from
nongovernmental organizations who receive U.S. funding and whom the Egyptian government
charged with illegally operating pro-democracy programs was denied by the
INTERPOL. Several months later, the issue again arose with Egyptian government announcing
that it would take INTERPOL’s cooperation in making the arrest and extradition of seven
38
persons associated with the creation of a controversial Internet video. Again, the request was
denied by the INTERPOL, noting that its constitution forbids it from getting involved in
religious controversies.122
Therefore, among INTERPOL’s strengths is its attentiveness that it must work according to its
constitution as its primary objective is to facilitate international cooperation against crime and
that giving political or religious disputes a criminal shape would violate its constitution and
destroy the foundation of organization.
But INTERPOL’s potential weaknesses can’t be ignored. Just like most of the international
organizations, INTERPOL needs neither democracy nor reverence in practice for the rule of
law as a condition of membership. Therefore the INTERPOL should-
a. Abide scrupulously by its 1956 constitution to avoid transmission of politically or
religiously motivated diffusions and provisional Red Notices which are against its
mandate.
b. Reform the diffusion system by reviewing them before publication so that its channels
are not misused to designate people as wanted criminals in absence of suitable measures
of protection. It should be ensured that diffusion system is strictly used in case of
emergencies.
c. End the practice of removing controversial Red Notices from internet and not just the
summarized contents of the notice as such notices still remain discoverable and active
to law enforcement agencies.
d. Stop publishing notices on a provisional basis since a provisional notice by its very
definition is not guaranteed to meet standards of INTERPOL. Only those notice
requests that have been properly received, reviewed, and found to be fully in
compliance with INTERPOL’s principles should be published.
e. Establish of a ‘court’ for the interpretation and implementation of its Constitution
which can become an internationally-accepted place for dispute resolution for issues
related to transnational police cooperation
f. Simplify its procedures and provide accessibility to patrol officers so that the mandate
of organization is fully satisfied.
g. Promote practical work expertise at all the levels INTERPOL through its talented,
qualified, conscientious practitioners, who are doing the work and have valuable
BBC News, “Egypt Orders Arrest of US-Based

122
Copts over Film,” September 18,
2012, http://www.bbc.co.uk/news/world-middle-east-19640175
39
practical knowledge. “Political executives” should not feel threatened or embarrassed

to ask for the expertise of such subordinates.
40
REFERENCES
STATUTES
a. The Constitution of International Criminal Police Organisation
BOOKS
a. Fenton S. Bresler, “INTERPOL” (Sinclair Stvenson Publication, 1997)
b. Michael Fooner, “INTERPOL: Issues in World Crime and International Criminal
Justice” (Plenum Press, 1989)
ONLINE ARTICLES
a. “Abusive use of the INTERPOL system: the need for more stringent legal safeguards”
by Bernd FABRITIUS, Germany, Group of the European People's Party available at
http://website-pace.net/documents/19838/3254453/20170227-+PRESSajdoc-
EN.pdf/d5a0698e-c954-4906-b282-9832e87c01bd
b. “The Legal Nature and Status of INTERPOL in the context of contemporary
International Law” by Ljubo Runjic presented at 22nd International Scientific
Conference on Economic and Social Development – "Legal Challenges of Modern
World" available at https://www.researchgate.net/publication/324656319
c. A Guide to INTERPOL International Criminal Police Organization USA published by
National Institute of Justice, USA.
d. Brackley, Lasely (1982), "Origins of lnterpol", International Criminal Police Review
e. Improving the Effectiveness of the International Criminal Police Organization By:
Scott Hudak and Christopher Morris available at
https://reforminginternationalorganizations.wordpress.com/2013/05/02/improving-
the-effectiveness-of-the-international-criminal-police-organization-by-scott-hudak-
and-christopher-morris/
f. International Police Cooperation by Joseph Schafer available at
http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-
9780195396607-0153.xml
g. International Police Cooperation: Opportunities And Obstacles by Anthony J. Balzer
available at https://www.ncjrs.gov/policing/int63.htm
h. INTERPOL and the Emergence of Global Policing by Meg Stalcup available at
https://philpapers.org/archive/STAIAT-5.pdf
41
i. INTERPOL: Red Notices published by The Law Library of Congress, Global Legal
Research Center (2010) available at https://www.loc.gov/law/help/archived-
reports/INTERPOL-red-notices.pdf
j. Mapping INTERPOL’s Evolution:Functional Expansion and the Move to Legalization
by Cheah Wui Ling available at www.policing.oxfordjournals.org
k. Necessary Reforms Can Keep INTERPOL Working in the U.S. Interest by Theodore
Bromund and David Kope available at https://www.heritage.org/global-
politics/report/necessary-reforms-can-keep-INTERPOL-working-the-us-interest
l. The Administration of Information in International Administrative Law - The Example
of INTERPOL By Bettina Schöndorf Haubold available at
https://static1.squarespace.com/static/56330ad3e4b0733dcc0c8495/t/56b85ccd859fd
0b8c4b201f5/1454922957664/GLJ_Vol_09_No_11_Schondorf-Haubold.pdf
WEBSITES
a. http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=23524&lang=en
b. http://cbi.nic.in
c. http://opil.ouplaw.com/view/10.1093/law-oxio/e245.013.1/law-oxio-e245
d. http://shodhganga.inflibnet.ac.in/bitstream/10603/14325/8/08_chapter%203.pdf
e. http://shodhganga.inflibnet.ac.in/bitstream/10603/14325/8/08_chapter%203.pdf
f. http://shodhganga.inflibnet.ac.in/bitstream/10603/14325/9/09_chapter%204.pdf
g. http://www.bbc.co.uk/news/world-middle-east-19640175
h. http://www.cbi.gov.in/INTERPOL/INTERPOLdelhi.php
i. http://www.cbi.gov.in/INTERPOL/INTERPOLdelhi.php#Role
j. http://www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/sede290109INTE
RPOLfactsheet_/SEDE290109INTERPOLfactsheet_en.pdf
k. https://www.britannica.com/topic/INTERPOL
l. https://www.indiatoday.in/india/story/vijay-mallya-extradition-case-1301201-2018-
07-31
m. https://www.INTERPOL.int/About-INTERPOL/Legal-materials/An-organization-
under-international-law
n. https://www.INTERPOL.int/About-INTERPOL/Legal-materials/Compliance-with-the-
rules
o. https://www.INTERPOL.int/About-INTERPOL/Overview
p. https://www.INTERPOL.int/About-INTERPOL/Priorities
42
q. https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/President
r. https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/Secretary-
General
s. https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/General-
Secretariat
t. https://www.INTERPOL.int/About-INTERPOL/Structure-and-governance/National-
Central-Bureaus
u. https://www.INTERPOL.int/About-INTERPOL/Structure-and-
governance/Commission-for-the-Control-of-INTERPOL%E2%80%99s-Files
v. https://www.INTERPOL.int/About-INTERPOL/Vision-and-mission
w. https://www.INTERPOL.int/content/download/9747/70868/version/7/file/AccordSiege
Revise2008.pdf
x. https://www.INTERPOL.int/INTERPOL-expertise/Notices
y. https://www.INTERPOL.int/Member-countries/World
z. https://www.mea.gov.in/rajyasabha.htm?dtl/29782/QUESTION_NO4338_EXTRADIT
ION_REQUESTS_PENDING_WITH_GOVERNMENT
aa. https://www.mea.gov.in/toindia.htm
bb. https://www.ndtv.com/india-news/probe-agency-sends-reminder-for-red-corner-
notice-against-mehul-choksi-1914287
cc. https://www.oneindia.com/india/red-corner-notices-how-effective-is-it-there-are-
over-600-pending-2503553.html
dd. https://www.police.gov.hk/offbeat/908/eng/n12.htm
ee. https://www.police.gov.hk/offbeat/908/eng/n12.htm
ff. https://www.un.org/sc/ctc/wp-content/uploads/2016/03/bestprac-interpol.pdf
gg. https://www.vox.com/world/2018/10/8/17952378/INTERPOL-meng-china-
investigation-corruption

Interpol - Almost Final

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TERM PAPER

SUBMITTED TO DEPARTMENT OF LAWS, PANJAB UNIVERSITY, CHANDIGARH

IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE DEGREE OF

DR. JYOTI RATTAN

DEPARTMENT OF LAWS PANJAB UNIVERSITY, CHANDIGARH

PANJAB UNIVERSITY, CHANDIGARH

Associate Prof. (Dr.) JYOTI RATTAN

B. Problem Profile ............................................................................................................... 2

D. Research Objectives ........................................................................................................ 3

E. Research Methodology ................................................................................................... 3

F. Plan of Study ................................................................................................................... 3

II. EVOLUTION AND STATUS AS AN INTERNATIONAL ORGANIZATION ................ 5

A.1. The International Criminal Police Commission ......................................................... 5

A.2. International Criminal Police Organization ................................................................ 6

B. Status As An International Organization ........................................................................... 8

B.1. Legal Nature of INTERPOL ....................................................................................... 8

B.2. An Organization Under International Law ................................................................. 9

III. GOVERNANCE AND ORGANIZATIONAL STRUCTURE ......................................... 11

A. Governance of INTERPOL ............................................................................................. 12

A.1. The Constitution ....................................................................................................... 12

A.2. The General Regulations .......................................................................................... 13

A.3. National Central Bureau Policy ................................................................................ 14

B. Organizational Structure .................................................................................................. 15

B.1. The General Assembly.............................................................................................. 15

B.2. Executive Committee ................................................................................................ 17

B.3. General Secretariat .................................................................................................... 18

B.4. National Central Bureau (NCB)................................................................................ 20

B.5. Commission for the Control of INTERPOL’s Files ................................................. 22

B.6. Advisors ................................................................................................................... 22

IV. FUNCTIONS OF INTERPOL AND EVAULUATION OF WORK DONE ................... 24

A. Core Functions of INTERPOL ..................................................................................... 24

A.1. Securing Global Police Communication Services .................................................... 24

A.2. Operational Data Services And Databases For Police .............................................. 24

(i) INTERPOL’s Wanted Persons Notifications ............................................................ 24

(ii) Red Corner Notices and Extradition ...................................................................... 26

A.3. Operational Police Support Services ........................................................................ 28

A.4. Police Training And Development ........................................................................... 28

B. Evaluation of Work Done By INTERPOL ................................................................... 29

V. INDIA AND INTERPOL ................................................................................................... 31

A. INTERPOL Wing of CBI ................................................................................................ 31

VI. CONCLUSIONS AND SUGGESTIONS ....................................................................... 37

I. INTERNATIONAL CRIMINAL POLICE ORGANISATION

INTERPOL functions to provide support to police worldwide in combating transnational

II. EVOLUTION AND STATUS AS AN INTERNATIONAL ORGANIZATION

A.2. International Criminal Police Organization

bystanders, or to publicize an issue, or to secure the release of accomplices from prisons of

B. STATUS AS AN INTERNATIONAL ORGANIZATION

adopted by its General Assembly. However, establishment by treaty is not a condicio

B.2. An Organization Under International Law

III. GOVERNANCE AND ORGANIZATIONAL STRUCTURE

A.2. The General Regulations

A.3. National Central Bureau Policy

A.4. Rules on International Police Cooperation and on the Internal Control of

computerization led to the computerization of criminal information. Amid this advancement

B.2. Executive Committee

B.3. General Secretariat

B.4. National Central Bureau (NCB)

INTERPOL and contribute to organization’s criminal databases and cooperate on cross-border

B.5. Commission for the Control of INTERPOL’s Files

IV. FUNCTIONS OF INTERPOL AND EVAULUATION OF WORK DONE

A. CORE FUNCTIONS OF INTERPOL

A.1. Securing Global Police Communication Services