GCJS2

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 The weakest point o f Interpol is its outdated and ineffective legal basis for action.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.

Internal Security, July-December 2015 267

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

______________________________________ TomaszSafjariski —————————————————————

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

Internal Security, July-December2015 269

_____________________________________ Tomasz Safjanski —————————————————————

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.

internal Security, July-December 2015 271

———————————————————– Tomasz Saljahski ___________________________________

— 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.

Internal Security, July-December 2015 273

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____________________________________ _ Tom aszS afjanski—————————————————————

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.

Internal Security, July-December 2015 275

______________________________________ Tomasz Safjanski —————————————————————

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.

Pe3H>Me. Cmambn npedcmaennem peuieHun, Kacaioutuecn sosMomux nymeu pa3eumun klHmepnona, nemmuiezocn oSh u m
u3 ea/KHeikuux uHcmumymoe zno6anbHou cucmeMbi 6e3onacnocmu. Hanpaenenun ezo pa3eumun 3aeucm npexde ecezo om
openKU 3(p(peKmueHocmu u nezanbHoemu onepapuu klHmepnona zocydapcmBOMu-uneHaMu Eepocoma. lOpudunecKan cipepa
demenbHocmu klHmepnona Hyrxdaemcn e ocHoeamenbHou xoppemupoexe, oco6eHHO no cpaemHUiocnpaxmumKUM B3au-
ModeucmeueM nonupeucm pa3Hbix cmpaH. He nodnexum comeHuio ymeep>KdeHue, m o orjxpemueHocmb denme/ibHocmu

Internal Security, July-December 2015276

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

HHtnepnojia, (pyHKpuoHupytomeeo Ha MerndynapodHOM ypoeHe, laeucum om coomeecmeyioiLieeo topudumecmo cmamyca.
noMHeHuiOHeKomopbiX3KcnepmoeectpepeMe>KdyHapodHoeonpaea,yHHmepno/iaHemonmuMafibHbixicpuduHecKUxpeiiieHuu
u coomemcmytomo ompaxeHun iocydapaneeHHbtx3aKOHOe omdejibHbix h k h o b EC. C am m cna6m n y n m o u cucme m t
flHmepnoria / te jim m a ycmapeeuiue u HeitptpeKmuBHbie topuduHecnue ocHoebi eeo denmeabHoemu. flomoMy, npuH um n
so BHUMaHtie HenoemopuMocmb Bbino/iH/ieMbix 3adaHuu, o6n3ameiibHbiM yc/toeueM d a m n e m e io pa3Bumun MHmepno/ia
HBnnemcH o6ecneneHue ewy cneputpuHemio npaeoeoeo nonoxeHUB, eimtoHaH npuHHmue peuieHuu, nacaioiMuxcH oduHaKoebix
npueuiieeuu u UMMyHumema comou opeaHU3anuu u eeo compydHUKoe Ha meppumopuu ecex eocydapcme-Hnenoe. Tawe
Heo6xoduMbm HememcH coenacoeaHue BHympeHHUX npaeosbix a m o e , bk/ how h ycmae u o6iuue npaeuna BHympeHHeeo
pacnoprtdKa, uHmepnpemapuH mmopbix ebm eaem mhoio HencHocmeu, nacaiouiuxcH npaeoeoio cmamyca u xapam epa
Hnencmea e ElHmepno/ie. BaxHbiM manure Hemtemca donojiHeHue ycmaea ElHmepnom nonoxeHUHMu, wcaiomuMucfi omHo-
uteHuu c BHeuiHUMU c y 6 b e m a m (MexdyHapodHbie opeaHU3apuu, eocydapcmea, He exodmpue e EC). B HeM domnHbt 6bimb
nemno nponucaHbi KOMnemeHpuu dm nodnucbieaHun coinaweHuu c eocydapcmeaMu-HneHam Eepocoto3a, m a m u m c H
uima6-KBapmupbi, npueuneeuu u UMMyHumema. HecoMHeHHo Eeponon, HBimtotnuucH 6onee Monodou nnamrpopMou d m
MHoeocmopoHHeeo compydHUHecmea, UMeem 3HOHumenbHoe npeeocxodcmeo Had EinmepnonoM, nomopoe npexde eceeo
ocHoeano na rchom npaeoeoM cmamyce. HaHHan m e m npuHadnexum k eonpocaM Hpe3ebmauHo cnoxHbiM u3-3a cnepucpuKu
denmejibHocmu 1/lHmepnona u Mecma smou opeaHU3apuu e cucm em UHcmumymoe MexdyHapodHoeo coo6mecmea.

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