Interpol's
role in tracing wanted individuals with a view to their extradition
International conventions in which Interpol's transmission role
is mentioned
(non-exhaustive list)
1. Conventions adopted under the auspices of the Council of Europe
- European Convention on Extradition (Paris, 1957) (European Treaties,
ETS No. 24)
Article 16(3): A request for provisional arrest shall be sent to the competent
authorities of the requested Party either through the diplomatic channel
or direct by post or telegraph or through the International Criminal Police
Organization (Interpol) or by any other means affording evidence in writing
or accepted by the requested Party. The requesting authority shall be informed
without delay of the result of its request.
- European Convention on Mutual Assistance in Criminal Matters (Strasbourg,
1959) (European Treaties, ETS No. 30)
Article 15(5): In cases where direct transmission is permitted under this
convention, it may take place through the International Criminal Police
Organization (Interpol).
- European Convention on the Supervision of Conditionally Sentenced or
Conditionally Released Offenders (Strasbourg, 1964) (European Treaties, ETS
No. 51)
Article 27(3): In case of emergency, the communications referred to in
paragraph 2 of this Article may be made through the International Criminal
Police Organization (Interpol).
- European Convention on the Punishment of Road Traffic Offences (Strasbourg,
1964) (European Treaties, ETS No. 52)
Article 15(3): In case of emergency, the communications referred to in
paragraph 2 of this Article may be made through the International Criminal
Police Organization (Interpol).
- European Convention on the International Validity of Criminal Judgements
(The Hague, 1970) (European Treaties, ETS No. 70)
Article 15(2): In urgent cases, requests and communications may be sent
through the International Criminal Police Organization (Interpol).
- European Convention on the Repatriation of Minors (The Hague, 1970)
(European Treaties, ETS No. 71)
Article 21: Communications between central authorities, in connection with
the implementation of this Convention may be transmitted through the International
Criminal Police Organization (Interpol).
- European Convention on the Transfer of Proceedings in Criminal Matters
(Strasbourg, 1972) (European Treaties, ETS No. 73)
Article 13(2): In urgent cases, requests and communications may be sent
through the International Criminal Police Organization (Interpol).
- European Convention on the Control of the Acquisition and Possession
of Firearms by Individuals (Strasbourg, 1978) (European Treaties, ETS No.
101)
Article 9(2): When appropriate the notifications may be sent through the
International Criminal Police Organization (Interpol).
- Convention on Laundering, Search, Seizure and Confiscation of the Proceeds
from Crime (Strasbourg, 1990) (European Treaties, ETS No. 141)
Article 24(3): Any request or communication under Paragraphs 1 and 2 of
this Article may be made through the International Criminal Police Organisation
(Interpol).
- Agreement on Illicit Traffic by Sea, implementing Article 17 of the
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances (Strasbourg, 1995) (European Treaties, ETS No. 156)
Article 18(2) (Communication between Designated Authorities): The authorities
designated under Article 17 shall communicate directly with one another.
Where, for any reason, direct communication is not practicable, Parties
may agree to use the communication channels of ICPO-Interpol or of the Customs
Co?operation Council [World Customs Organization].
- Criminal Law Convention on Corruption (Strasbourg, 1999) (European Treaties,
ETS No. 173)
Article 30(3) (Direct communication): Any request or communication under
Paragraphs 1 and 2 of this article may be made through the International
Criminal Police Organisation (Interpol).
- Convention on Cyber-crime (Budapest 2001) (European Treaties, ETS No.
185)
Article 27 (9(b) (Direct Communications): Any request or communication
under Paragraph 1 of this article may be made through the International
Criminal Police Organisation (Interpol).
2. Conventions adopted under the auspices of the United Nations
- United Nations Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances (Vienna, 1988) (Registration No. 27627)
Article 7(8): [...] Transmission of requests for mutual legal assistance
and any communication related thereto shall be effected between the authorities
designated by the Parties; this requirement shall be without prejudice to
the right of a Party to require that such requests and communications be
addressed to it through the diplomatic channel and, in urgent circumstances,
where the Parties agree, through channels of the International Criminal
Police Organization, if possible.
- United Nations model treaty on extradition (1990)
Article 9(1) (Provisional arrest): In case of urgency the requesting State
may apply for the provisional arrest of the person sought pending the presentation
of the request for extradition. The application shall be transmitted by
means of the facilities of the International Criminal Police Organization,
by post or telegraph or by any other means affording a record in writing.
- Rules of procedure and evidence (adopted in 1994) of the International
Tribunal for the Prosecution for Persons Responsible for Serious Violations
of International Humanitarian Law committed in the territory of Former Yugoslavia
since 1991 (Tribunal established by UN Security Council resolution 827) (IT/32/Rev.
16)
Rule 39: In the conduct of an investigation, the Prosecutor may [...] seek
the assistance of any relevant international body including the International
Criminal Police Organization (Interpol).
- Rome Statute on the International Criminal Court (Rome, 1998) (A/CONF.183/9)
Article 87(b)(1) (Co-operation Requests: General Provisions/Assigned Authorities
for Presenting or Receiving Requests/Transmission of Requests): when appropriate,
without prejudice to the provisions of subparagraph (a), requests may also
be transmitted through the International Criminal Police Organization -
INTERPOL - or any appropriate regional organization.
- International Convention for the Suppression of Terrorist Financing
(New York, 1999) (A/RES/54/109)
Article 18(4): States Parties may exchange information through the International
Criminal Police Organization (Interpol).
- United Nations Convention against Transnational Organized Crime (A/55/383)
Article 18(13):
Requests for mutual legal assistance and any communication
related thereto shall be transmitted to the central authorities designated
by the States Parties. This requirement shall be without prejudice to the
right of a State Party to require that such requests and communication be
addressed to it through diplomatic channels and, in urgent circumstances,
where the Parties agree, through the International Criminal Police Organization,
if possible.
3. Conventions adopted under the auspices of the European Union
- Belgium - France - Federal Republic of Germany - Luxembourg - Netherlands:
Schengen agreement on the gradual abolition of checks at their common borders
and the Convention applying the agreement (Agreement: Schengen, 14th June
1985; Convention: Schengen, 1995).
Article 53(2): Paragraph 1 shall not prejudice the possibility of requests
being sent and returned between Ministries of Justice or through the intermediary
of national central offices of the International Criminal Police Organization.
- Convention on the setting up of a European Police Office (Europol) (Brussels,
1995) (SN 3549/95)
Article 42(2): In so far as is required for the performance of the tasks
described in Article 3, Europol may also establish and maintain relations
with third States and third bodies within the meaning of Article 10(4),
points 4, 5, 6 and 7.
(Point 7 expressly refers to the International Criminal Police Organization).
- Draft Council Act Establishing the Convention on Mutual Assistance in
Criminal Matters between the Member States of the European Union (1999/C 251/01)
Article 6(4) (Transmission of Requests for Mutual Assistance): Any request
as referred to in Paragraph 1 may, for the sake of speed, be made via the
International Criminal Police Organization (Interpol) or any body competent
under provisions introduced pursuant to the Treaty on European Union.
- Council Framework Decision on the European arrest warrant, adopted by
the Council of Justice and Home Affairs Ministers on 13 June 2002.
Article 10: If it is not possible to call on the services of the SIS, the
issuing judicial authority may call on Interpol to transmit a European arrest
warrant.
4. Instrument adopted under the auspices of the Commonwealth
- Commonwealth Scheme for the Rendition of Fugitive Offenders
Clause 4(1) (Provisional warrants): Where a fugitive offender is, or is
suspected of being, in or on his way to any part of the Commonwealth but
no warrant has been endorsed [...] or issued [...], the competent judicial
authority in that part of the Commonwealth may issue a provisional warrant
for his arrest on such information and under such circumstances as would,
in the authority's opinion, justify the issue of a warrant if the returnable
offence of which the fugitive is accused has been an offence committed within
the authority's jurisdiction and for the purposes of this paragraph information
contained in an international notice issued by the International Criminal
Police Organization (INTERPOL) in respect of a fugitive may be considered
by the authority, either alone or with other information, in deciding whether
a provisional warrant should be issued for the arrest of that fugitive.
5. Convention adopted under the auspices of the Economic Community of West African
States
- Convention on Extradition (Abuja, 1994)
Article 22(3): The request for provisional arrest shall be transmitted
to the competent authorities of the requested State either through the diplomatic
channel, or direct by post or telegraph, or through the International Criminal
Police Organization (Interpol), or by any other means affording evidence
in writing or accepted by the requested State [...].
6. Convention adopted under the auspices of the Organization of American States
(OAS)
- Inter-American Convention against the illicit manufacturing of and trafficking
in firearms, ammunition, explosives and other related materials (Washington,
1997) (AG00784.E)
Preamble: Recognizing the importance of strengthening existing international
law enforcement support mechanisms such as the International Weapons and
Explosives Tracking System (IWETS) of the International Criminal Police
Organization (INTERPOL), to prevent, combat, and eradicate the illicit manufacturing
of and trafficking in firearms, ammunition, explosives, and other related
materials.
7. Examples of a multilateral convention mentioning Interpol
- Co-operation agreement on police matters between Benin, Ghana, Nigeria
and Togo (Lagos, 1984)
Article 3: The Interpol National Central Bureaus shall serve as a liaison
organ between the different security services of the Contracting Parties.
- Agreement on Co-operation on Control of Illicit Traffic in Narcotic
Drugs and Psychotropic Substances between the Ministries of the Interior of
the Republics of Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Moldova,
Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine and Estonia (Kiev, 1992)
Article 3(d): [...] Information shall be submitted on unified carriers
recommended by Interpol.
- Agreement on Co-operation to Prevent and Combat Trans-border Crime between
the Governments of Romania, Albania, Bulgaria, Bosnia-Herzegovina, Greece,
FYROM, Moldova, Turkey and Hungary (Bucharest, 1999)
Article 2(4): In order to improve the effectiveness of the prevention,
detection, investigation and prosecution of trans-border criminal violations,
and as active members of ICPO-Interpol for police matters, World Customs
Organization for customs matters, the SECI [Southeast European Co-operative
Initiative] participating countries shall exchange and develop criminal
information in partnership with their law enforcement authorities and with
the Interpol General Secretariat and WCO.
8. Examples of bilateral conventions in which Interpol is mentioned
- Treaty between Canada and France concerning Extradition (1988)
Article 13(1) (Provisional Arrest): In cases of urgency, the competent
authorities of the requesting State may request the provisional arrest of
the person sought, through diplomatic channels or directly by post or telegraph,
or through the International Criminal Police Organization (Interpol), or
by any other method that provides a written record of the request [....].
- Treaty on Extradition between France and Australia (1988)
Article 9(1)(b): The application for provisional arrest shall be transmitted
by means of the facilities of the International Criminal Police Organization
(Interpol), by post or telegraph or by any other means affording a record
in writing.
- Moreover, the bilateral police agreements concluded by Germany since
1994 with countries not party to the Schengen Agreements, systematically include
a phrase to the effect that arrangements shall not prejudice the exchange
of information through the Interpol NCBs.
Last updated on 18 March 2003
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