Beyond Borders | Dialogue | thenews.com.pk

The recent case involving the Federal Investigation Agency and the recovery of missing Pakistani children from Bishkek, Kyrgyzstan, has highlighted the crucial role of Interpol in international law enforcement. The incident provides an illustration of how Interpol’s legal mechanism and cooperation framework can effectively address complex transnational crimes such as child abduction.

Interpol’s involvement has several dimensions. Interpol, the International Criminal Police Organization, operates within a robust framework of international cooperation agreements and treaties. Founded in 1923, it facilitates cross-border police cooperation and the fight against crime. Its main legal instruments include Red Notices for fugitives and Yellow Notices for missing persons, including children. These notices are issued at the request of member states, allowing them to seek international assistance in locating people. The legal basis of Interpol’s activities is based on respect for the sovereignty of its 195 member states, which must incorporate Interpol’s alerts and notices into their national legal and operational frameworks. Each of its member states hosts an INTERPOL National Central Bureau. This connects their national law enforcement with other countries and with the General Secretariat through a secure global police communications network called I-24/7.

Interpol’s role is crucial in tackling crimes that transcend national borders. It is important to understand that Interpol itself does not have enforcement powers. Instead, it acts as a facilitator, enhancing cooperation between national law enforcement agencies. This cooperative framework allows member states to share information and work together on investigations. The FIA ​​case demonstrates how Interpol’s system can be seamlessly integrated with national legal processes. Pakistan’s membership of international agreements allowed the FIA ​​to use Interpol’s tools to locate and recover missing children.

In this case, Interpol’s Yellow Notice played a crucial role. The Yellow Notice was designed to help locate missing persons. It provided the necessary information and alerts that enabled the FIA ​​to track down and recover the children. The operation was conducted within the Pakistani legal framework, complying with both domestic laws and international legal standards. This case illustrates the importance of timely and accurate information exchange in tackling transnational crimes. The joint efforts of Interpol and the FIA-NCB highlight the effectiveness of international legal cooperation in solving complex cases involving child abduction.

Over the years, there have been several high-profile cases where Interpol’s system has been used to address transnational child abduction. In 2014, Bobby Hernandez was abducted by his father in Alabama. He was found 13 years later in Ohio. Interpol had issued a Yellow Notice and worked with local authorities. The child was safely recovered and the father was arrested. This demonstrated the effectiveness of Interpol’s system when integrated with national efforts. In 2013, Maria, a young girl found in a Roma camp, was suspected of being abducted. As a result of Interpol’s Yellow Notice, Maria’s true identity was discovered and she was reunited with her biological family in Bulgaria. However, there have also been cases that demonstrate the challenges. For example, Madeleine McCann, a British child, disappeared in Portugal in 2007. Interpol issued a Yellow Notice and facilitated international cooperation. Despite extensive efforts, Madeleine remains missing, highlighting the complexity and limitations of the process.

Interpol’s role is crucial in tackling crimes that cross national borders. It is important to understand that Interpol itself has no enforcement powers. Instead, it acts as a facilitator, enhancing cooperation between national law enforcement agencies.

The use of Interpol’s system in these cases raises significant legal issues. It is imperative that actions taken on Interpol reports comply with due process and respect for human rights. The legal framework governing Interpol’s activities must balance the need for effective law enforcement with the protection of individual rights. In the recent FIA case, coordination between Interpol and the FIA-NCB was conducted in accordance with both national and international legal standards, demonstrating a commitment to upholding the rule of law.

The success of the FIA ​​operation highlighted the effectiveness of Interpol’s system in facilitating international cooperation. However, the case also highlighted some challenges. Jurisdictional conflicts can arise when different countries apply different legal standards and procedures. The need for timely information sharing and coordination is crucial to the success of such operations. In addition, the integration of Interpol’s tools into national legal frameworks requires continuous updates and training to ensure that law enforcement agencies can use these tools effectively.

One of the biggest challenges in using the Interpol system is the issue of conflicts of jurisdiction. Different countries have their own legal systems, procedures, and definitions of crimes. This can lead to complications when trying to enforce international notices such as yellow or red notices. Countries can have different laws regarding the same crime. For example, an action that is considered legal in one country may be illegal in another, complicating the enforcement of Interpol notices. Extradition treaties vary by country. Not all countries have extradition treaties with every other country. This can hinder the ability of police to bring suspects or missing persons across the border to face legal proceedings.

The diversity of legal standards and procedural requirements across Member States poses another significant challenge. Standards for what constitutes admissible evidence can vary widely. What is considered sufficient evidence in one country may not meet the legal threshold in another. Differences in legal definitions of crimes can impact the enforcement of Interpol notices. For example, the legal definition of kidnapping or trafficking in human beings may differ, affecting the way cases are handled in different jurisdictions. It is imperative that individuals subject to Interpol notices receive a fair trial. This includes the right to legal representation; the right to be heard; and the right to appeal. Interpol processes must be transparent to avoid allegations of arbitrary or politically motivated actions. This includes clear communication about the reasons for issuing notices and the evidence supporting them.

The recent FIA case involving the recovery of missing children from Bishkek highlights the crucial role of Interpol in international law enforcement. The legal framework governing Interpol’s activities, combined with effective international cooperation, can significantly enhance law enforcement’s ability to tackle transnational crimes such as child abduction. However, continued efforts are needed to overcome challenges related to conflicts of jurisdiction, information sharing, and the integration of Interpol tools into national legal frameworks. The effectiveness of Interpol’s system can be improved by strengthening international legal cooperation and updating policies and operational protocols.

The writer is a Supreme Court Attorney, a founder of Lex Mercatoria and visiting professor at Bahria University law Department. She can be reached at [email protected]