India had requested twice to issue a Red Corner Notice against the Canada-based legal advisor and founder of the pro-Khalistan outfit Sikhs for Justice (SFJ), Gurupatwant Singh Pannun. The man has been listed as a "terrorist" by the Union Ministry of Home Affairs, under the Unlawful Activities (Prevention) Act (UAPA).
The Background
While India has requested twice to issue a Red Corner Notice against Gurpatwant Singh Pannun, Interpol has rejected it all the time. Interpol argued that India could not provide enough information to support its case. Moreover, it also stated that the UAPA has been severely criticized for being "misused" for the purpose of targeting human rights activists and minority groups sans acknowledging and honoring their right to a fair trial and due process.
The Interpol acknowledges the fact that Gurupatwant Singh Pannun is a "high-profile Sikh separatist", and states that Pannun's activities possess a "clear political dimension". This political dimension, though, cannot be a ground for a Red Corner Notice as per the Interpol's Constitution.
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What exactly is Interpol?
The International Criminal Police Organization, abbreviated as Interpol is an intergovernmental organization consisting of 195 member countries. The organization aids police forces in all the member countries to coordinate their actions in an enhanced manner.
As per the website of the organization, Interpol enables 195 member nations to share and access information on crimes and criminals. The organization also provides a myriad of technical and operational assistance and support to these member countries.
The general secretariat of Interpol coordinates its everyday activities. Run by a secretary-general (presently, Jurgen Stock of Germany), the organization has its headquarters in Lyon, France, and has a global complex for innovation in Singapore. The organization also has multiple satellite offices in different regions.
Interpol also has a National Central Bureau (NCB) in each of the 195 member nations. This NCB thus is the linchpin between the general secretariat and the other NCBs of different regions of the world.
Police officials of the member countries run the NCB of that country.
Interpol oversees 19 police databases along with data on crimes and criminals available and accessible in real-time countries.
Interpol also provides investigative support like forensics and helps in looking for fugitives around the globe, as per the website of Interpol.
A Red Notice- EXPLAINED!
Criminals, after committing the crime, never surrender easily or wait for their fate to get better. They simply flee to other nations to hide from facing justice.
A Red Corner Notice simply called a Red Notice (RN) alarms police forces across the globe regarding internationally wanted fugitives.
“Red Notices are issued for fugitives wanted either for prosecution or to serve a sentence. A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action,” clarifies Interpol.
Red Notices consist of data that helps in identifying wanted criminals. This information may contain whatever data that is available including their names, nationality, date of birth, and physical characteristics like the color of their eyes, and biometric data or pictures. A Red Notice often mentions the crimes the criminals have done.
How is a Red Notice published?
Red Notices are published by Interpol post the request by any member country. Note that the country requesting a Red Notice against a fugitive may or may not be his/her home country. The organization acts upon the request of a country where the crime has been committed.
The Red Notices are restricted for use by law-enforcing authorities
A Red Notice is only published on the website of the organization only in instances where the public's help may be required to locate a fugitive, or if those fugitives pose a serious threat to public safety.
Can a Red Notice be considered a warrant of arrest?
To answer this question, note that a Red Notice is only issued for an internationally wanted person. These individuals are not wanted by Interpol itself, instead, they may be wanted by an international tribunal or a country.
This implies that Interpol is not supposed to force law enforcement authorities of any nation to arrest the criminal of a Red Notice.
The individual member countries have the authority to decide the legal value offered to a Red Notice.
The Interpol clearly states that a Red Notice adheres to its constitution and rules. Interpol's website says that “every Red Notice request is checked by a specialized task force to ensure it is compliant with (Interpol) rules”.
Interpol says that a Red Notice is issued once a competent court takes cognizance of a charge sheet against the criminal.
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