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ProspectsfortheDevelopmentoftheInternationalCriminalPoliceOrganisationINTERPOL.pdf

Prospects for the Development of the International Criminal Police Organisation Interpol Tomasz Safjahski University o f Law and Public Administration, Rzeszow-Przemysi, Poland

Abstract. The article presents some considerations related to the future direction o f Interpol's development as one o f the critical institutions o f the global security system. The direction o f development is above all determined by Member States' assessment o f the effectiveness and legality o f Interpol's operational activities. However, in comparison to the practical cooperation o f police forces a vast improvement is required in relation to the legal position o f Interpol. There is no doubt concerning the effectiveness o f the Interpol. However, an organisation operating in a transnational dimension has to possess a proper legal status. Interpol, in the opinion o f some experts in the field o f international law, does not have the optimal legal solution and appropriate balance with the national law o f the Member States. The weakest point o f Interpol is its outdated and ineffective legal basis for action. For this reason, the sine qua non condition for the further development o f Interpol is to provide the organisation with a specific legal position appropriate to the uniqueness o f tasks that are being carried out (including the adoption o f appropriate solutions for the privilegesand immunity o f Interpol and itsstaffina uniform manner in allthe Member States). There is also a need to harmonise internal normative acts o f the organisation— including the Constitution o f Interpol and the General Regulations, the interpretation o f which causes much confusion regarding the legal status and the nature o f membership o f Interpol. It is important to supplement the Statute o f Interpol with legal provisions concerning relations with external entities. Interpol should also be given clear powers to conclude agreements with the Member States concerning the headquarters and local privileges and immunities. Undoubtedly from legal point o f view Europol, being a younger platform for multilateral police cooperation, has a significant advantage over Interpol— a clear legal situation. The issue presented is extremely complex due to the specific nature o f the activities carried out by Interpol and its unique position in the institutional system o f the international community.

I DOI: 10.5604/20805268.1212128

http://dx.doi.org/10.5604/20805268.1212128

Keywords: international cooperation, trans-border threats, international affairs, multilateralism, international crime

Introduction

The International Criminal Police Organisation, known as INTERPOL, is the oldest and largest organisation for police cooperation.1 Thanks to its unique organisational structure, in 2016 the geographical coverage of INTERPOL operations encompassed 190 member countries and dependent territories. As a consequence, INTERPOL has an unprecedented ability to provide operational support to member countries in relation to combating cross-border threats.

The organisational structure of INTERPOL broadly includes: the General Sec­ retariat in Lyon, seven regional offices, 190 National Central Bureaus, two special

1 Established in 1923. Its aim is to develop the cooperation of the criminal police and to support the national police forces in the fight against international crime.

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representative offices and a liaison office at Europol headquarters. The General Secretariat in Lyon is the headquarters of INTERPOL and carries out operational, administrative and technical tasks. Besides the headquarters at Lyon (France), regional offices are located in Argentina (Buenos Aires), El Salvador (San Salvador), Cameroon (Yaounde), Kenya (Nairobi), Ivory Coast (Abidjan), Zimbabwe (Harare) and Thailand (Bangkok). Regional offices are branch departments of the General Secretariat. According to the provisions of the Constitution governing INTERPOL, each member country shall establish or designate a national central bureau of Interpol within national law enforcement structures. This is the sole organisa­ tional unit which mediates in the country in respect of contacts between all the law enforcement authorities of the country and both the General Secretariat in Lyon and the national INTERPOL bureaus in other countries. Special representative offices of Interpol are attached to the United Nations (New York) and the Euro­ pean Union (Brussels). With this type of organisational structure, INTERPOL has an unprecedented ability to provide operational support in the search for suspects who are hiding from the authorities of justice.

From the forensic point of view, support for INTERPOL is understood as the sys­ tem of methods and forms of police cooperation, agreed upon by member countries, implemented by the authorised officials of the General Secretariat of INTERPOL and officers of the competent national police forces, which are used to identify and locate cross-border threats.

Discussion

The direction of development of INTERPOL is determined to varying degrees by external factors (the state of international relations around the world) and the activi­ ties undertaken within the organisation.

Among the many external factors that may affect the shape of INTERPOL should be noted, above all, cross-border threats (e.g. transnational crime, terrorism), inte­ gration processes, democratisation and globalisation.

The basic stimulus supporting police co-operation is common cross-border threats (e.g. an increased threat of drug smuggling), which naturally forces the countries affected by such crime to seek new, more integrated forms of police cooperation.

The development of international police cooperation to a large extent is related to the economic integration processes (e.g. the unification of Europe), the forma­ tion of political alliances and all forms of cooperation around the world, as well as to the advancement of communication technologies. The major barriers are interstate conflicts and the perception by states of policing as an exclusively inter­ nal domain . 2

The development of cooperation within the framework of INTERPOL will be enhanced by the increase of the role of multilateralism in shaping the international order, in particular relating to the fight against crime and terrorism. Multilateralism

2 Safjariski T, Ewolucja wspolpracy policyjnej na swiecie, Kwartalnik Policyjny, No 1(23)/2013, p. 21.

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assumes that there is no single force in the world deciding about international order. Therefore, this order is based on the cooperation of countries within the framework of the UN, on a respect for international conventions, and on the important role of the international judiciary and international organisations such as INTERPOL. Multilateralism is naturally connected with the democratisation of international relations understood as the pursuit of the sovereign equality of States. It should be noted that the most dynamic period in the development of cooperation in the framework of INTERPOL took place as a result of the democratisation of inter­ national relations initiated in the 1990s. However, these processes were hampered in the early twenty-first century by the development of international terrorism, which caused a shift in international relations towards unilateralism.

A unilateral approach assumes that the world order can be introduced only by means of political and military force, which is currently possessed by a few coun­ tries (primarily the United States of America, Russia and China). The shift towards unilateralism in international relations has not left the functioning of INTERPOL unaffected. In 2000, for the first time an American, Ronald Noble, was appointed Secretary General, and held this position for three consecutive terms (until 2014). Supporters of unilateralism prefer to base the fight against cross-border threats (international crime, terrorism) on bilateral agreements. This means marginalisation of cooperation based on multilateral platforms such as INTERPOL. Consequently, the development of INTERPOL may be hindered by the processes related to the strengthening of the position of the world powers and authoritarian states.

In addition to democratisation, cooperation within the framework of INTER­ POL may be affected by the processes of globalisation and integration that modify the ways that states operate and promote the transfer of their competences to international organisations. As shown in the example of the European Union and the Schengen Area, these processes may even lead to the abolition of bor­ der controls. The security void caused by the free movement of persons, goods and capital is, as a rule, compensated for by increasing the role of international police cooperation.

In the current conditions, the strength of INTERPOL lies in consistently avoiding engaging in activities that are a consequence of attempts by the various member countries to redefine religious or political activities as criminal. INTERPOL cannot afford to be instrumental in the use of its potential in a political or religious fight. It is certain that a lack of rigour in this regard would soon lead to organisational disintegration of INTERPOL.

Particularly sensitive in relation to their use for political purposes are the INTER­ POL search instruments (the Red Notice3 and Diffusions4). Some INTERPOL member

3 The Red Notice is the means by which the General Secretariat of Interpol forwards infor­ mation that a person is sought for arrest and extradition by the judiciary of a member country or an international court or criminal court. There are two types of Red Notices: 1 )_issued on the basis of the decision of a national judicial authority (prosecutor / court), 2) issued on the basis of the decision of the international criminal tribunal. Decisions of national judicial authorities on the basis of which a Red Notice may be published are: an arrest warrant or a warrant to bring a person to prison in order for a sentence to be served.

4 Diffusion is a notice of initiation of the search of suspects on an international scale by the national judicial authorities. Diffusions are drawn up and distributed by the national office

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countries, in violation of basic human rights and civil liberties, use the search system for the prosecution of political opponents, independent journalists and civil society activists who criticise the authorities in their countries. This occurs despite the fact that national applications to publish Red Notices are firstly reviewed by the General Secretariat in respect of compliance with the statutory prohibition of INTERPOL engaging in activities of a political, military, religious or racial nature. This problem occurs more frequently in respect of the notice method known as Diffusion, which is not subject to the systematic control of the General Secretariat in terms of compli­ ance with the statutory prohibition of Interpol engaging in activities of a political, military, religious or racial nature. In relation to this, the EU has proposed a change in the INTERPOL procedure so that the application of Red Notices and asylum and extradition proceedings are synchronised by automatically removing from the register Red Notices in the case of persons granted asylum or cases where extradition requests were refused in the territory of a member country. This would prevent a situation in which a refugee who was granted asylum and travel docu­ mentation in one of the countries, and where a court in that country had ruled on the inadmissibility of extradition, would then be stopped and arrested in another country on the basis of a Red Notice. In the situation in question it would be enough to impose an obligation on a refugee covered by a Red Notice to inform the authori­ ties about the change of residence.5

The increase in the operational capacity of INTERPOL could be affected by the growing importance of the international judiciary. At present the basis for issuing Red Notices may be a decision issued by the following international tribu­ nals: the International Criminal Court (ICC) ,6 the International Criminal Tribunal for

of INTERPOL via the 1-24/7 directly to their counterparts in the member countries. Diffusions can be sent to all or selected national offices of INTERPOL. The subject of Diffusion may be a request to stop, to ascertain the whereabouts or to obtain additional information on the person.

5 Mqdrzycki W, Analiza prawna kierunkow pozqdanych reform Interpolu wzakresie zapo- biegania naduzyciom mechanizmow Red Notice. Electronic source: http://odfoundation.eu/ a/61 l 3,analiza-prawna-kierunkow-pozadanych-reform-interpolu-w-zakresie-zapobiegania -naduzyciom-mechanizmow-red-notice, accessed: 16.01.16.

6 The International Criminal Court (ICC) is an independent international judicial body of a permanent nature. The jurisdiction of the ICC fulfils a complementary role to the crimi­ nal jurisdiction of states. The ICC headquarters are in The Hague (Netherlands). The Court is composed of 18 judges. The legal basis for action is the Statute of the International Cri­ minal Court done at Rome 17 July 1998. Parties to the Statute of the ICC are 123 countries (counties not party to the Statute include, among others, the United States, Israel, Russia and China). The Court is a permanent institution and has the power to exercise jurisdiction over persons who have committed the most serious crimes of international concern. Crimes under the jurisdiction of the Court are: genocide, crimes against humanity, war crimes and the crime of aggression. The ICC can transmit a request for the arrest and surrender of a person to any State on the territory of which that person may be found and request the cooperation of that State in the arrest and surrender of such a person. Requests by the ICC for the arrest and surrender of persons are on the basis of the procedure under national law.

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Rwanda,7 the International Criminal Tribunal for the former Yugoslavia,8 the Special Court for Sierra Leone9 and the Special Court for Lebanon.10

The number of member countries of INTERPOL has grown steadily and, over a period of 50 years, has increased almost 4-fold, from 50 countries in 1955 to 190 in 2012. INTERPOL has virtually exhausted the opportunity to integrate new mem­ ber countries. Among the most recent to join INTERPOL has even been the Vatican. Given the above it can be concluded that the growth potential for members of Interpol has been practically exhausted. Such a conclusion implies that no fun­ damental changes will occur with respect to INTERPOL in the future. Nevertheless, the formation of new countries which would then potentially establish cooperation in the framework of INTERPOL cannot be ruled out. A situation of a member country leaving the Organisation in the event of a serious crisis in international relations also cannot be excluded.

For the foreseeable future, the development of INTERPOL will depend on the direction of the fight against criminal activities by the international commu­ nity. An impetus to increase the operational capacity of INTERPOL may come from an agreement by the international community on the definition of international terrorism and international crime and the adoption of a universal international convention on matters of mutual legal assistance and extradition.

Referring to the internal aspects, the effectiveness of cooperation in the frame­ work of INTERPOL will be conditional on:

— Formal adherence by member countries to the INTERPOL'S Constitution; — The establishment at national level by all member countries of efficient

organisational structures and legal means of cooperation within the frame­ work of INTERPOL;

— Adoption of international conventions in the field of combating crime and terrorism by as many member countries of INTERPOL as possible;

— The rapid transfer of information by the national bureaus to the General Secretariat;

7 The International Criminal Tribunal for Rwanda is an international tribunal set up under the auspices of the United Nations to investigate and prosecute the crimes committed in Rwanda during the genocide in 1994.

8 The international Criminal Tribunal for the former Yugoslavia is an international tribunal created in 1993.under Resolution 827of the UN Security Council o f May 25, 1993. The Court hears the war crimes committed on the territory of the former Yugoslavia from 1 January 1991.

9 The Special Court for Sierra Leone is a criminal tribunal established under UN Security Council Resolution 2000 and the agreement between the UN Secretary General and the Go­ vernment of Sierra Leone of 2002. It hears the most serious crimes committed in the territory of the State dating from 1996. The judges that sit in the Court are appointed by the govern­ ment of Sierra Leone and the UN Secretary General.

10 The Special Tribunal for Lebanon is an international penal tribunal, established under UN Security Council Resolution No. 1757 of 30 May 2007 to investigate and prosecute cases of the murder of former Lebanese Prime Minister Rafik Hariri, along with over 20 others in a bombing attack in Beirut conducted February 14,2005.

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— Establishment and operation of national specialized databases on the model of INTERPOL databases, to ensure compatibility and facilitate further exchange of information;

— Promoting knowledge about the potential of INTERPOL among the police forces of member countries;

— Maintaining in the organisation a wide range of member countries; — The provision of the necessary resources by member countries; — Close cooperation with external partners, including Europol, the World

Customs Organisation and the United Nations; — The adoption of a strategy of differentiation, i.e. focusing on products

and services that are unique to INTERPOL, and not duplicating the work of other organisations and national authorities;

— Maintaining the unique position of INTERPOL in the field of international search;

— Strengthening the role of the exchange of information with EU Member States which may naturally prefer Europol as a channel for information exchange.

It should be noted that the Constitution of INTERPOL dating from 1956 was not subject to the procedure of signature by the member countries and does not con­ tain any provisions regarding the need for its ratification.11 According to Article 45 of INTERPOL'S Constitution, countries could declare, through the appropriate gov­ ernmental authority, that they could not accept the Constitution within six months of its coming into force. The establishment of the Constitution of INTERPOL was not preceded by any diplomatic agreement.12 Given the above it should be considered that the adoption of the legal act fundamental for INTERPOL occurred outside the procedures relevant for the conclusion of international agreements. Taking such factors into account it should be noted that the legal nature of the Constitution of INTERPOL, and thus its binding force from the point of view of public interna­ tional law is an issue for debate. In seeking answers to the question of the legal nature of the Constitution of INTERPOL it should first and foremost be borne in mind that, at the present time, on the basis of this it is recognized by the inter­ national community as an organisational structure that is a platform for global cooperation between countries. This observation stems from the long-standing practice of activities of INTERPOL and its member countries, which continue to act on the basis of the recognition of the Constitution of INTERPOL as binding. So far, none of the 190 cooperating countries have officially rejected the Constitution of INTERPOL as not binding. Recognition by a state of the Constitution of INTERPOL as a binding instrument of international law arises indirectly from the procedure of obtaining membership of the organisation. By submitting an application for admission to INTERPOL and the lack of an objection to be bound by the Consti­ tution the state has expressed, in practice, consent to be bound by Constitution. In some countries, the resolution of the General Assembly to accept the country

11 The Constitution was signed by a random selection of police delegates without being in any way approved by competent authorities of member countries.

12 Fooner M, Interpol: Issues in World Crime and International Criminal Justice, New York 1989, p. 45.

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as a member of INTERPOL is subject to ratification according to the internal proce­ dures for approval of international agreements.

J. W^grzyn believes that the best solution would be to adopt a multilateral agreement which, in accordance with the example of other international organisa­ tions, would define the privileges and immunities of the organisation and its staff in a uniform manner in all the member countries. However, in my opinion, due to the nature and specific tasks — unique in relation to the work of other organisa­ tions — INTERPOL should not be completely embedded in the legal framework specific to international organisations.

Given the above, a fundamental issue for the future of INTERPOL is the full sanction of the Constitution by the international community. For this purpose, the General Assembly of INTERPOL in session in Hanoi (October 31 — November 3, 2011) adopted a resolution calling for a clear regulation for formal and legal mem­ bership for the countries of INTERPOL.13 The resolution discussed gave the impetus to begin the process of ratification of the Constitution by the individual member countries. It should be assumed that the Constitution will not be subject to formal negotiations due to the fact that it has been valid since 1956 and is widely recog­ nised. After the ratification of the Constitution of INTERPOL by all the members there will not be obstacles to recognition as a multilateral international agree­ ment. In general, thanks to a formal sanction, the Constitution will have a direct effect on member countries and will take precedence over national law. Above all, this will facilitate member countries to fulfil their commitments to INTERPOL. In addition, having member countries bound by the Constitution will permit recognition of the entire acquis of INTERPOL as legally binding, and thus clarify the organisational framework for cross-border exchange of criminal information and international search.

Success or failure in the international environment depends both on the sub­ sequent attitude of member countries and the creativity of INTERPOL itself. The strategic aim of INTERPOL is in the future to make the General Secretariat in Lyon a high-class centre of expertise that will provide know-how both in the field of domestic and international forms and methods of policing.14 Achieving this objective will depend on assuring the stability of the organisation. The basic con­ dition for stability will be for INTERPOL to focus on its main statutory objectives and avoidance of situations in which other actors provide services and products similar to those offered by INTERPOL (e.g. Europol). INTERPOL must provide support to the police in areas where such support cannot be provided by other institutions. The real challenge for INTERPOL will be the need to offer services and products tailored to the operational requirements of national police forces arising from the development of technology, particularly communications and information technology. Material to this will also be the maintenance by INTERPOL of an appro­ priate balance between supporting global and regional initiatives.

13 INTERPOL General Assembly Resolution No. AG-2011-RES-15. 14 Noble R.K, Opening speech by Secretary General at INTERPOL Symposium: International

Police Co-operation in the context of Public International Law, Lyon, France, 31 January_ 1 February 2008. Electronic source: http://www.interpol.com/public/ICPO/speeches/2008/ SGIegalSymposium20080131 .asp#, accessed: 01.05.2009.

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An issue raised during discussion on the legal apparatus of INTERPOL is the need to reformulate the meetings of the General Assembly (there are not enough).

INTERPOL, despite the tradition of its police dimension, may in the future become a platform for wider counter-criminal cooperation, involving an element of cooperation with customs and border protection.

It seems that INTERPOL should put emphasis on the development of existing databases and enable direct access to many of the Organisation's databases to line units of police forces of member countries.15 The current technologies known as FIND16 and MIND17 only allow access to databases of lost vehicles (SMV) and lost travel documents (SLTD).

INTERPOL should strive to further improve the processing of criminal informa­ tion in order to answer the questions posed by police in the shortest possible time and in the most appropriate manner. It would appear necessary to develop a system of structured queries, which in addition to directly checking the INTER­ POL database will allow authorized users to quickly obtain comprehensive results of checks, transfer them to the accounts of other users without having to re-input (rekey), and present data in the form of a structured report. On the other hand, the solution discussed would enable INTERPOL to collect queries in the database and, at the same time, define the restrictions on access to databases.

INTERPOL is only one of the many interrelated elements in the architecture of international police cooperation. Therefore reflection on its future should be carried out within the broader aspect of global cooperation in combating cross- border crime.

The increase in the threat associated with cross-border crime and international terrorism may force the member countries of INTERPOL to further develop its activities (e.g. new databases) and possibly provide it with additional powers. INTERPOL may constitute a very important element in countering transnational crime in a situation where more and more importance will be placed on agreeing common actions and procedures at an international level, as was the case after the terrorist attacks of 11 September 2001 which were carried out in the United States using hijacked airliners.

However, the future position of INTERPOL will not depend solely on the pro­ jects undertaken within its organisational framework. In this respect the influence exerted by the evolution of other platforms for international cooperation, in par­ ticular Europol, will be important. In the coming years, the assumption of the EU countries is that Europol will be the main formal channel for the exchange of infor­ mation concerning all data related to organized crime within the EU. Europol will naturally strive to become the central hub of information exchange within the EU and this will impact on the current position of INTERPOL. Ultimately Europol and not INTERPOL will play a leading role in improving the exchange of information at the level of cooperation among European law enforcement agencies. To this end,

15 Key INTERPOL databases are: Nominal Data, Fingerprint, DNA Profiles, Stolen and Lost Travel Documents, Stolen Administrative Documents, Stolen Vehicles and Stolen Vessels, Works of Art, International Child Sexual exploitation Image, Counterfeit Payment Cards.

16 It allows real-time online access to INTERPOL databases. 17 It provides access to offline copies of INTERPOL databases and is updated every 48

hours.

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Europol has urged EU countries to establish procedures for selecting the channels for international police cooperation, with Europol being indicated as the primary channel for exchanging information on organized crime associated with the EU.18 This may lead to the introduction at the tactical level within EU states of recommen­ dations aiming to prioritize the use of the channels of Europol in police and customs cooperation. Some EU countries have already issued internal circulars on the prior­ itisation of Europol channels for the exchange of information (e.g. Spain).19

For the development of cooperation within INTERPOL of great significance will be the location of national central bureaus of INTERPOL in the administrative systems of the member countries. Generally, they should act as focal points for international police cooperation. In countries where there are many police depart­ ments, the integration of as many activities as possible of different agencies within the framework of national central bureaus of INTERPOL should be encouraged along with the creation of integrated information systems to enable all national police services access to INTERPOL databases.

In the long term consideration should be given to perm itting INTERPOL to request that member countries initiate specific police operations. Discussions on such an important event would have to take into account possible measures to exercise control over such powers. Further in the future it may also be consid­ ered whether to propose a more selective approach, with INTERPOL being tasked to mainly deal with serious international crime.

Some form of privileges designed for INTERPOL representatives, including members of the Executive Committee, all the heads of the National Central Bureaus of INTERPOL and the staff of the General Secretariat could also be considered. Such a privilege could be an electronic INTERPOL passport allowing visa-free movement between member countries.

Conclusions

Given the experience of the last 150 years it should be pointed out that in prin­ ciple the driver in the development of all police international cooperation has been the need for exchange of information and intelligence about common threats. Moreover, as a rule, there has been a correspondence between the stabilisation of diplomatic relations between the countries and the level and significance of cooperation between their police and judicial authorities. An increase in ten­ sions in inter-state relations and situations of acute international conflict result in the interruption or suspension of police cooperation between the countries concerned. Normalisation in foreign policy and a situation of political consensus contribute to the development of police cooperation.

Due to the often delicate aspect of multilateral relations, one should not expect major changes in the field of police cooperation within the framework of INTERPOL. Certainly INTERPOL can never become an institution whose representatives would

18 Annex to doc. The Strategy for Europol, the EU Council, Brussels 04.08.2007. 19 Statement by the operational matters division of 1 July 2004 on the use of the resour­

ces and services provided by Europol.

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be empowered to lead an investigation independently. Similarly, INTERPOL would never have implementing powers such as the right to stop or make searches. This does not change the fact that it remains a valuable police organisation in terms of coordination and information.

References

1. Fooner M, Interpol: Issues In World Crime and International Criminal Justice, New York 1989.

2. Safjanski T, Ewolucja wspofpracy policyjnej na swiecie, Kwartalnik Policyjny, No 1(23)72013.

About the author

Tomasz Safjanski, LLD, a retired police officer, currently he is a lecturer a t the University o f Law and Public Administration, Rzeszow-Przemysl. His scientific interests include crime, organized crime, crime prevention, internal affairs, in ternational cooperation, crim inal intelligence and logistics. Co r r esp on de nc e : University o f Law and Public Administration, Rzeszow- Przemysl, ul. Wybrzeze Ojca Swigtego Jana Pawta li 2,37-700 Przemysl, Poland. E-mail:janeksaf@ interia.pl

Streszczenie.Artykulprzedstawiarozwazaniadotyczqcemozliwychkierunkowrozwoju Interpolu bgdqcegojednqznewralgicznych

instytucji globalnego systemu bezpieczeiistwa. Kierunki rozwoju determinowane sq przed wszystkim ocenq przez pahstwa cztonkowskie dotychczasowej skutecznosci i legalnosci dziatah Interpolu. Przy czym w porownaniu do praktycznej wspolpracy policyjnej zdecydowanej poprawy wymaga sfera prawna Interpolu. Nie ulega wqtpliwosci, ze skutecznosc dzialania Interpolu, ktdry funkcjonuje w wymiarze ponadnarodowym uzalezniona jest od posiadania odpowiedniego statusu prawnego. Interpol w opin ii niektorych ekspertow w dziedzinie prawa migdzynarodowego nie dysponuje optymalnymi rozwiqzaniami prawnymi oraz odpowiednim przeiozeniem na prawo narodowe poszczegolnych panstw cztonkowskich. Najslabszq strong Interpolu jes t przestarzaia i nieefektywnq podstawa prawna dzialania. 1 tego powodu warunkiem sine qua non dalszego rozwoju Interpolu jest zapewnienie mu specyficznejpozycjiprawnejz uwagi na niepowtarzalnosc wykonywanych zadah, w tym przyjgcie odpowiednich rozwiqzaii dotyczqcych przywilejdw i immunitetu Interpolu i jego personelu w jednolity sposob na terytoriach wszystkich panstw czlonkowskich. Istnieje rowniez koniecznosc zharmonizowania wewnqtrznych aktow normatywnych organizacji — w tym statutu i regulaminu ogolnego, ktorych interpretacja powoduje wiele niejasnosci dotyczqcych statusu prawnego oraz charakteru czlonkostwa w Interpolu. Wazne jest uzupelnienie statutu Interpolu o zapisy dotyczqce stosunkow z podmiotami zewnqtrznymi (organizacja migdrynarodowe, pahstwa nieczlonkowskie). Nalezy takze wprowadzic wyrazne kompetencje do zawierania

platform q wspolpracy wielostronnej ma z czysto prawnego punktu widzenia istotnq przewagg nad Interpolem, ktora polega na jasnosci sytuacji prawnej. Przedmiotowa problematyka jes t zagadnieniem nadzwyczaj skomplikowanym z powodu specyfiki prowadzonych przez Interpol dzialah oraz umiejscowienia organizacji wsystemie instytucjonalnym spotecznosci migdzynarodowej.

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---------- Prospects for the Development o f the International Criminal Police Organisation Interpol ______

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