The purpose of this paper is to examine the Interpol Red Notice process and its potential for abuse by Mexican and Central American authorities under the influence of drug cartels or gangs. There is evidence that cartels and gangs have used the Interpol Red Notice system to falsely arrest persons of interest in the United States, ultimately having them removed by the U.S. immigration system back to their country of origin. Once repatriated, these person become targets of retribution by cartels and gangs. The abuse of the Red Notices system has been highlighted recently in the cases of Azerbaijan, China, Russia, Turkey and Venezuela—all authoritarian or quasi-authoritarian governments who use the Interpol system to punish political dissidents. Less noted or discussed are these Central American and Mexican cases where the law enforcement arm has been infiltrated by transnational criminal organizations (TCO) such as cartels and gangs. Here the abuse of the Red Notice system is as much a concern as in China or Russia.
What are Interpol Red Notices?
Interpol Red Notices are international warrants for deportation and prosecution for crimes committed within another country which has bilateral extradition treaties between that country and the country in which the fugitive resides. Essentially a Red Notice lets one country signal to all other Interpol members (every country except North Korea) that it wants a person arrested with an eye to extradition. The Red Notice is not an arrest warrant—police forces do not have to obey it—but based on the types of crimes either suspected of or committed by the wanted fugitive, police have the prerogative to detain and extradite the fugitive. The originating country provides information to Interpol’s General Secretariat which evaluates the information provided by the originating country and conducts a compliance check. Using Interpol’s criteria of “justifiable necessity,” it issues the warrant to police forces around the world to request to apprehend and extradite the wanted fugitive [1].
Potential for Abuse
The use of Interpol Red Notices have skyrocketed since 2009 when the checks and balances on notices were eased-- increasing the likelihood that some of these notices are being issued in bad faith. Ted Bromund, an expert on Interpol, states that Interpol has far more notices than it can realistically vet, that abuse is rife and is “the equivalent of Genghis Khan with a telegraph.” [2]
Law enforcement and government officials in Mexico and Central America operate under the mandate of “silver or lead” (plata o plomo) -- basically take a bribe or take a bullet in regards to TCOs. This puts good police and government officials in fear of enforcing the law and corrupt ones with increased power that comes from association with the TCOs. Cartel bribes often times greatly exceed monthly salaries. Thus, TCOs can co-opt government or law enforcement officials to conduct a variety of law enforcement actions to include issuing bad faith Interpol Red Notices for arrest and extradition of persons of interest. In effect, this gives TCOs ability to extend their power to threaten with arrest and removal persons of interest well beyond their home country.
Conclusion
In the vast majority of cases, Interpol Red Notices serve an important role in detaining and extraditing wanted criminals back to their country of origin. Nevertheless, there is also great potential for abuse of Interpol Red Notices and a review of Red Notice procedure has yet to be adopted. There is justifiable concern that the Red Notice system is being abused by Mexico and Central American countries under the influence of TCOs to arbitrarily arrest and deport Mexican and Central American nationals residing in the United States. Mexican and Central Americans flee their home countries (often to the United States) in order to escape drug cartel or gang threats. With the Interpol Red Notice, TCOs have a potent weapon to threaten persons of interest with arrests and removals well beyond their home country.
References
[1] “18 U.S. Code § 3181 - Scope and Limitation of Chapter.” LII / Legal Information Institute, www.law.cornell.edu/uscode/text/18/3181; “Red Notices.” Types of Human Trafficking / Trafficking in Human Beings / Crime Areas / Internet / Home - INTERPOL, www.interpol.int/INTERPOL-expertise/Notices/Red-Notices.
[2] “Russia’s latest attempt to arrest Bill Browder shows how autocracies abuse Interpol,” Quartz, October 27, 2017. Accessed at: https://qz.com/1112864/russia-and-bill-browder-how-autocracies-abuse-interpol/
See also: Goldstein, Joseph, and Benjamin Weiser. “After 78 Killings, a Honduran Drug Lord Partners With the U.S.” The New York Times, The New York Times, 6 Oct. 2017, www.nytimes.com/2017/10/06/world/americas/after-78-killings-a-honduran-drug-lord-rivera-partners-with-us.html.
What are Interpol Red Notices?
Interpol Red Notices are international warrants for deportation and prosecution for crimes committed within another country which has bilateral extradition treaties between that country and the country in which the fugitive resides. Essentially a Red Notice lets one country signal to all other Interpol members (every country except North Korea) that it wants a person arrested with an eye to extradition. The Red Notice is not an arrest warrant—police forces do not have to obey it—but based on the types of crimes either suspected of or committed by the wanted fugitive, police have the prerogative to detain and extradite the fugitive. The originating country provides information to Interpol’s General Secretariat which evaluates the information provided by the originating country and conducts a compliance check. Using Interpol’s criteria of “justifiable necessity,” it issues the warrant to police forces around the world to request to apprehend and extradite the wanted fugitive [1].
Potential for Abuse
The use of Interpol Red Notices have skyrocketed since 2009 when the checks and balances on notices were eased-- increasing the likelihood that some of these notices are being issued in bad faith. Ted Bromund, an expert on Interpol, states that Interpol has far more notices than it can realistically vet, that abuse is rife and is “the equivalent of Genghis Khan with a telegraph.” [2]
Law enforcement and government officials in Mexico and Central America operate under the mandate of “silver or lead” (plata o plomo) -- basically take a bribe or take a bullet in regards to TCOs. This puts good police and government officials in fear of enforcing the law and corrupt ones with increased power that comes from association with the TCOs. Cartel bribes often times greatly exceed monthly salaries. Thus, TCOs can co-opt government or law enforcement officials to conduct a variety of law enforcement actions to include issuing bad faith Interpol Red Notices for arrest and extradition of persons of interest. In effect, this gives TCOs ability to extend their power to threaten with arrest and removal persons of interest well beyond their home country.
Conclusion
In the vast majority of cases, Interpol Red Notices serve an important role in detaining and extraditing wanted criminals back to their country of origin. Nevertheless, there is also great potential for abuse of Interpol Red Notices and a review of Red Notice procedure has yet to be adopted. There is justifiable concern that the Red Notice system is being abused by Mexico and Central American countries under the influence of TCOs to arbitrarily arrest and deport Mexican and Central American nationals residing in the United States. Mexican and Central Americans flee their home countries (often to the United States) in order to escape drug cartel or gang threats. With the Interpol Red Notice, TCOs have a potent weapon to threaten persons of interest with arrests and removals well beyond their home country.
References
[1] “18 U.S. Code § 3181 - Scope and Limitation of Chapter.” LII / Legal Information Institute, www.law.cornell.edu/uscode/text/18/3181; “Red Notices.” Types of Human Trafficking / Trafficking in Human Beings / Crime Areas / Internet / Home - INTERPOL, www.interpol.int/INTERPOL-expertise/Notices/Red-Notices.
[2] “Russia’s latest attempt to arrest Bill Browder shows how autocracies abuse Interpol,” Quartz, October 27, 2017. Accessed at: https://qz.com/1112864/russia-and-bill-browder-how-autocracies-abuse-interpol/
See also: Goldstein, Joseph, and Benjamin Weiser. “After 78 Killings, a Honduran Drug Lord Partners With the U.S.” The New York Times, The New York Times, 6 Oct. 2017, www.nytimes.com/2017/10/06/world/americas/after-78-killings-a-honduran-drug-lord-rivera-partners-with-us.html.
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