Бесплатный фрагмент - Legal ways of rescuing from Interpol

Об авторах

GIORGI MATIASHVILI

MBA BACHELOR EN DROIT INTERNATIONAL. INTERNATIONAL LAWYER.

Member of an,,International Bar Association,, (IBA), a,,World Academy of Science Engineering and Technology,, (WASET) a,,European society of International Law,, (ESILSEDI).

Author of а book and scientific articles in international journals.

Contact information: mativar199@gmail.com

KETEVAN BERESTOVA-GADILIA

Doctoral candidate of Ph. D in Law.Real Member, of TAO-KLARJETI SCIENTIFIC ACADEMY.

With 20 years of experience working in private and public structures. Author of a book and scientific articles in top international journals.

Contact information:qetevanberestova@gmail.com

NAILI PKHIKIDZE

Ph.D.in Law, Real member, ACADEMICIAN of,, FAZISI ACADEMY,, With 27 years of experience working in private and public structures. Author of books and scientific articles in international journals.

Contact information: nai0202@mail.ru

Translation made: ZHANA TCHOLARIA. Master of Education (M. Ed). E-mail:getranslator1@gmail.com

Abstract

In view of the process of globalization in world reality and the progress of mankind, crime has crossed the boundaries of specific states and became trans-border organized crime. In order to achieve and maintain universal peace and law and order, human rights and democracy has become a priori a task for the whole society. It would be difficult to fight against this process if only not for the international organization of criminal police-Interpol.

In the real world, there are fragments, proving the misuse of Interpol resources by states used for various purposes and thereby causing damage to the fundamental rights and freedoms of individuals. A lawyer confronts these facts and violations of human rights. The lawyer, with a competent approach to the case, taking into account the nuances and loopholes in international law and organizational formation of the work of Interpol has the ability to defend and release a person from unfounded, incompletely founded and unlawful prosecution, as well as temporarily stop the search and legal prosecution.

You can «play» with facts, while playing with facts is the business of a lawyer. And how he/she plays the lap of the game largely depends on the outcome of a particular case. Both the plaintiff and the defendant for justice are only reflections of the facets of the law. This approach is fundamental for making the lawful and legitimate decision of a legal nature in all aspects of the operation of institutions and organization of a legal orientation.

The book can serve as an orienting point for action and a guide not only for lawyers, advocates, but also for those interested in the issue of salvation from international search.

Keywords

Legal, International, Interpol, extradition, criminal, Interpol Digital Crime Centre, police,,,notice,, Transnational organized crime, human rights, international lawyer, law.,coordination,,,diffusion,, criminal investigation, international legal, regulation, migration, recommendations, fight, procedures, resolution, implementation, strategic rules, criminal justice, government, General Assembly, General Secretariat, safety.

Preface /Annotation

Still, Themis was a genuine woman: who else would have thought of weighing blind-folded and at the same time not making any doubts!

In Greek Mythology, Themis (/'θi:mɪs/; Ancient Greek: Θέμις, romanized: «Themis») — was the goddess of justice.Themis was noble, dignified woman dressed in toga. She holds two tray scale in her left hand and the sword in the right one. She also wears a blindfold over her eyes. The blindfold represents the impartiality and objectivity of the law. The judge should turn a blind eye to property and class differences and consider only fair facts and listen to both sides. While hearing the case, a judge must be blind, in that sense, that both the plaintiff and the defendant for him/her are the facets of the law. This approach is fundamental for the lawful and legitimate decision-making of a legal nature in all aspects of the operation of institutions and organization of a legal nature.

Despite the different rules of the game of states on the chessboard of the international arena, the fact that the criminal always stays that, remains unchanged, regardless of nationality, citizenship and political views.

The European Court of Human Rights has emphasized that «as it becomes easier to travel around the world, and crime acquires an increasingly international dimension, there is an increasing interest of all countries in ensuring that persons suspected of committing crimes are made liable». In order to fulfill the tasks of criminal justice, the states have formally provided for methods to ensure cooperation in criminal cases and the transfer of suspects.

International cooperation in the development and formation of new mechanisms in the fight against transboundary crime, the formation of an international legal framework for mutual legal assistance in criminal matters, the existence of a legal basis for the legal institution of criminal prosecution at the request of a foreign state (transfer of jurisdiction), the formation and development of international legal and criminal procedural regulation of cooperation between countries can be considered as the main achievement of the mankind.

Peace and peaceful existence are the foundation of all human civilization. In the modern world, with the process of globalization, in all aspects of the activity of civilization and the advancement of the progress of mankind, crime has gone beyond the boundaries of specific states and became transnational crime and transboundary organized crime. Transnational organized crime does not stand still, it is a constantly changing field, it adapts to the demand market and generates new types of crime. Transnational organized crime is an illegal business, which goes beyond cultural, social, linguistic, geographical definitions, and neither borders nor rules are known to it, so achieving and maintaining universal peace and law and order, human rights, democracy has become a crucial task for the whole society. If it were not for Interpol (the International Criminal Police Organization), it would be difficult to fight against this process — countering to transnational crime of a general criminal nature.

Although, it is noteworthy, that there are fragments, proving the misuse of Interpol resources by states, used for various purposes and thereby causing damage to the fundamental rights and freedoms of the individual, although a top-notch lawyer- international lawyer with a competent approach to the case, taking into account the nuances and loopholes in international law and the organizational formation of the work of Interpol, has the ability to protect and release a person from unfounded, incompletely founded and unlawful prosecution, as well as temporarily stop the search and legal prosecution.

This work describes an approximate angle of aspect on the problems of the chess game of states on the international arena, taking place on the battlefield — Interpol, the main objects and goals of which are us pawns, but pawns often promote to queens and decide the result of the game. «Often pawns that are cleverly disposed of are promoted to queens and decide the result of the game; The most dexterous or the most fortunate wins it. “- stated Jean de La Bruyère French moralist (1645—1696). A qualified intercity lawyer can help with this, whose services should you use, because when there is no Interpol search, there is no problem! We hope that this work will be interesting and informative to some extent and will give a new look to the question — whether the search by Interpol is a verdict for a person. Thus, the work will try to answer the question.

&1. International Criminal Police Organization, ICPO

“The god finds the guilty” (Homer).

And Interpol helps him.

Interpol — International Criminal Police Organization, is the world’s largest organization. Currently, Interpol unites 194member states. There are branches — National Central Bureaus of Interpol in each of them. Interpol is the second international intergovernmental organization in the world in terms of the number of member countries after the UN.

The following countries, as well as some member states of UN do not belong to Interpol: Kyrgyzstan, North Korea, San Marino, Bhutan, Kiribati, Vatican City, Turkmenistan, Solomon Islands, Tajikistan, Samoa, Vanuatu, Democratic People’s Republic of Korea, Federated States of Micronesia, Palau, Tuvalu.

The headquarters of the organization is located in France in the city of Lyon. This is the location of the permanent central bodies of Interpol. The working languages of Interpol are English, French, Spanish and Arabic. It operates on the basis of the statute adopted in 1956. Since 1946, it has had an official mouthpiece — the Journal,,International Criminal Police Review».

Its role is the capability, to enable the police around the world to cooperate for a safer world and public safety. Its task is to coordinate the efforts of a participant-countries in the fight against the crime for mutual benefits. Interpol’s communications network and other services provide highly effective assistance in the field of extradition and mutual legal assistance. Regardless of whether, the request is made under a treaty, under domestic law or under the principle of mutuality (The provisions of the international Covenant on civil and political rights — General Assembly Resolution 2200A (XXI), Universal Declaration of Human Rights, General Assembly Resolution 217A (III), the convention against organized crime are applicable to issues of mutual legal assistance and extradition).

The main task is to coordinate the efforts of individual countries and pursue a unified policy in the area of cooperation on combating crime. Other main tasks include coordinating the international search, as well as combating against human trafficking, organized crime groups, drug smuggling, economic and high-tech crimes, counterfeiting, forgery of securities and child pornography. Recently, much attention has been paid to public safety and the fight against terrorism.

Interpol has «response units», but they are not special forces, but instructors who, if necessary, help police officers from different countries, for example, if there is a very unfavorable crime situation or a large-scale event is being prepared, the security of which needs to be ensured. By itself, Interpol does not conduct investigation, prepare documents and does not announce anyone on the wanted list on its own. It is important, that Interpol ensures the cooperation of law enforcement agencies of the countries of the world, even in cases where there are no diplomatic relations between them. The sense of states participating in an international police organization is the ability to find and detain a citizen of their country, suspected of a crime, almost anywhere in the world and find and transfer to foreign colleagues the criminals wanted by them.

&2. The role of the Interpol in mutual legal assistance and extradition

Mutual legal assistance in criminal justice matters refers to the process by which states request and provide assistance in gathering evidences for use in criminal cases. (Model Treaty on Mutual Legal Assistance in Criminal Matters and Model Treaty on Extradition are available at www.unodc.org/unodc/en/legal-tools/model-treaties-and-laws.html, also the convention against organized crime can be considered as a model or project of international cooperation in the field of extradition and mutual legal assistance).

Extradition — in jurisprudence (delivery) (from lat. ex -,,from…. Out of,, and tradition -,,handing over,,) — a form of international cooperation of states in the fight against crime, consisting in the arrest and transfer by one state to another, at the request of the latter, persons suspected or accused of committing a crime for trial, or persons already convicted by the judicial authorities of another state for execution. In relation to the US states, this term is also used to refer to the delivery (English «rendition») of the accused from one state to another.

That is, extradition is a formal process in which a state submits a request for the forced return of a person accused or convicted of a crime, in order for that person to come up for trial or serve a sentence in the requesting state.

Thanks to Interpol, the ability of law enforcement agencies of states, searching for cultural and historical values, stolen cars, documents, and missing people has sharply increased. As well as, the capabilities of Interpol were actively used to develop strategic and practical solutions to ensure the safety of major sporting events/the Olympic Winter Games in Sochi, the World Cup in Brazil and etc.

Interpol’s participation in international cooperation in the suppression of expectable or committed crimes, including by conducting, if necessary, operational search actions, is carried out within the framework of information assistance. Such assistance is carried out: — through information support of the international search and criminal records; — by providing information support for cooperation in the fight against certain types of crimes. Within the framework of Interpol, such information support is organized by the General Secretariat according to a special methodology and is regulated by: — Rules for the use of information in international police cooperation, adopted by General Assembly Resolution AG-2005-RES-15 (Berlin, 2005); — Adopted in their development by the Resolution of the General Assembly AG-2007-RES-09 (Marrakech, 2007) and supplemented by Resolution AG-2008-RES-14 (St. Petersburg, 2008), rules for the implementation of the procedures for the use of information in international police cooperation. The first of these documents contains general principles and conditions for working with information of operational interest and personal data. The second one describes in detail these principles in conformity with specific types of criminal records of Interpol and international search conducted by them.

On the one hand, having the status of an observer in the work of the UN General Assembly, Interpol takes part in the development of draft international treaties to combat certain types of crimes within this global international organization and thereby assists the international law-making process of states in this field. At the same time, Interpol itself is not a participant of such international treaties, but many of them contain rules imposing obligations on information support for cooperation between states in the fight against crime. On the other hand, having international legal capacity, Interpol independently carries out direct law-making, which is expressed in its contractual practice and in decisions taken by the governing bodies — by the General Assembly and the Executive Committee. Forming the legal basis for cooperation with other international organizations in the field of joint activities, consulting and information exchange, technical cooperation, Interpol concluded: — Cooperation agreements with the Council of Europe (1960), the UN (1997), Organization of American states (2000), Organization of African Unity (2001), International Chamber of Commerce (2001), EUROPOL (2001), SECI Center for combating transborder crime (2002), European Central Bank (2004), International Maritime Organization (2006), UN Office on Drugs (2008), World Anti-Doping Agency (2009) and other international organizations; — Memorandums of Cooperation with the Universal Postal Union (1997), the World Customs Organization (1998), the Investigation Division of the Office of Internal Oversight Services of the United Nations (1998), UNESCO (1999), the Secretariat of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1999), International Civil Aviation Organization — ICAO (2000), International Council of Museums (2000), International Center for Migration Policy Development — 2 ICMPD (2000), European Drug Monitoring Center for Drugs and Drug addiction (2001), UN Interim Administration Mission in Kosovo (2002) and some other international organizations.

Domestic lawmaking is implemented through the development and adoption by the General Assembly of resolutions on certain aspects of international cooperation in the fight against crime and certain types of crime. For example, at the 77th session of the General Assembly in St. Petersburg, in 2008, resolutions were adopted in relation to international cooperation in the fight against terroristic crimes, computer crimes, counterfeit medical products and some other issues. Interpol’s participation in international cooperation in the suppression of expectable or committed crimes, including by conducting, if necessary, operational search actions, is carried out within the framework of information assistance. Such assistance is carried out: by providing information support for international search and criminal records and by providing information support for cooperation in the fight against certain types of crimes.

Within the framework of Interpol, such information support is organized by the General Secretariat according to a special methodology and is regulated by: — Rules for the use of information in international police cooperation, adopted by General Assembly Resolution AG-2005-RES-15 (Berlin, 2005); Adopted in their development by the Resolution of the General Assembly AG-2007-RES-09 (Marrakech, 2007) and supplemented by Resolution AG-2008-RES-14 (St. Petersburg, 2008); Rules for the implementation of the rules for the use of information in international police cooperation.

By statute, Interpol must be a strictly apolitical instrument of cooperation. According to article 3 of the Interpol statute adopted more than sixty years ago and detailed clarifications issued in subsequent years, within the framework of Interpol, countries must cooperate exclusively in the investigation of criminal offenses and not use this structure for political purposes, prohibits the organization from carrying out any interference or activities of political, military, religious or racial nature (article 3 of the statute). The trump of the Interpol is its informational resources, which have been formed over the years. Already by the beginning of the 70s of the last century, on the threshold of the computer era, the Interpol card file contained more than one and a half million cards with the names of criminals. This is a tool for information sharing between law enforcement agencies of different countries. Nowadays, the Interpol General Secretariat in the city of Lyon, has databases containing millions of record entries about criminals, missing peopled, stolen or lost documents, false documents, stolen vehicles, fingerprints, DNA, terrorist organizations and others. The telecommunications system used by Interpol enables law enforcement officers of the member countries of the organization to exchange operational information and receive information of interest to them from foreign colleagues in the shortest possible time. It also serves for remote access to the criminal records of the Interpol General Secretariat in real time. Every year, as a result of checking these records throughout the world, hundreds of dangerous criminals are identified and detained, terrorists using fabricated documents are identified, and stolen and exported cars are found and returned to their rightful owners.

It should be noted, that in the context of the processes of globalization, regional economic and political integration, accompanied by the strengthening and deepening of criminal integration in different regions of the planet, Interpol has concentrated its resources and efforts at the global level and it is only a global police information network, and the international constituent of modern crime requires not only information but also joint actions to suppress, investigate and detect crimes. According to the charter of Interpol, this is not allowed (the article 130—151). Therefore, in order to achieve the abovementioned goals, it was necessary to create regional organizations for cooperation between law enforcement agencies, vested with special competence in international cooperation in the field of criminal justice.

The first such agency was the European police organization — (Europol). It coordinates the intelligence-gathering activities of the police and other competent authorities of the EU member states, the collection, analysis, sharing and exchange of information about crimes and persons involved in their commission. This organization has the right to put questions before member states on the creation of joint investigation groups, include their employees in their composition, as well as to take part in joint investigations and solve other tasks. European Police Office is based in the Hague. The main tasks of the European Police Office are to coordinate the work of national services in the fight against international organized crime and to improve the exchange of information between national police services. Among the main directions of Europol’s work are the fight against terrorism, illegal arms trade, drug trafficking, human trafficking, child pornography and money laundering.

Since February 2020, Europol has been coordinating the work of the police services of the 27 member-states of the European Union.

Europol currently has about 630 employees, of which about 120 are Europol Liaison Officers (ELOs), dispatched to Europol by EU Member-States as representatives of their national law enforcement agencies.

Until today, other organizations have similar capabilities at the regional level, including the European Union agency for Criminal Justice Cooperation (Eurojust). Eurojust is composed of prosecutors, judges or police officers, with equivalent powers from each state of EU. Its task is to improve the efficiency of national authorities when they are dealing with investigations and judicial hearing of cross-border and organized crime. The administrative center is in the city of the Hague in the Netherlands, it was founded by the European Union.