No Red Notices in Dowry Cases: Interpol

The Indian Express on June 30, 2011 released the following:

“By: Rahul Tripathi

The Interpol has refused to entertain issuing of red notices in cases of dowry and cruelty to a woman by her husband or relatives.

The move comes days after the CBI and Interpol officials met to rectify the recent goof-ups in the ‘most-wanted list’.

The extradition from any country can only be sought with the help of a red notice and the Interpol has told the CBI that it will seek legal opinion on the matter. Sources in the CBI said that since the offence does not come under ‘dual criminality’ in most of the member countries, the Interpol has expressed an inability to issue a red notice.

“The officials of Interpol told us that they cannot detain or stop a person under this law as it is not recognised by any of the 188 member counties,” said a CBI official. For red notices to be issued, which is done for ‘most wanted’, the offence should be recognised (dual criminality) in the country from where the extradition is being sought.

CBI officials said that since the misuse of dowry law is rampant, the international body is exercising caution in issuing the red notices. The families tend to misuse the same by getting a red notice issued restricting movements of the person against whom it is issued. Recently, the CBI was approached by a family from the US against whom red notices were issued.

Said a senior officer, without naming the person against whom the notice was issued, “The family told us that they have entered into a settlement with the girl’s family after which the complaint has been withdrawn against them. Despite that his name was not deleted from the ‘wanted’ list.”

The agency said there has not been a single case of extradition under the dowry law. “We have found that in a number cases in which red notices were issued through Interpol, families had entered into settlement and withdrawn their complaints,” said an officer, adding that in such cases many a times the complainant or the family had not informed the police. “In some cases, the police, even after receiving intimations, did not forward the same to the CBI due to which the international notices were not withdrawn. Such a scenario can lead to embarrassment for a person who is travelling and is caught by authorities for no fault of his,” explained an official.

Gujarat to seek Interpol aid in pirates case.

Gujarat Police plans to seek Interpol’s assistance in connection with the 32 Somali pirates caught in Junagadh and Jamnagar districts over the last fortnight in two separate incidents, after they reportedly drifted to Gujarat coast in hijacked Yemeni fishing boats. The police want to rope in Interpol since both the cases involve abduction and hijack on the high seas.

“A database consisting details of these pirates and Yemenis will be sent to Interpol seeking leads on their background,” said Jamnagar SP Subhas Trivedi.”

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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