Edward Snowden, Evo Morales and the Overflight Rights of State Aircraft

July 11, 2013

lawprofessors.typepad.com on July 3, 2013 released the following:

“We wanted to check in with a few thoughts on the fascinating events surrounding the rerouting of Bolivian President Evo Morales’ return flight from Moscow. While there are conflicting news reports as to exactly what happened, it appears that President Morales’ aircraft, while en route from Russia to Bolivia, was denied permission to enter French, Spanish, Italian and Portuguese airspace. The aircraft landed in Austria to refuel, where, according to some reports, it was searched by local authorities before finally being permitted to continue the flight home today. It is widely believed that the aforementioned governments denied Morales overflight authorization because of pressure from the United States government which believed Edward Snowden, wanted in connection with U.S. security leaks, may have been aboard the aircraft.

Leaving aside the many related issues that are outside the purview of this blog, the denial of overflight authorization to Morales’ aircraft has garnered criticism from many Latin American leaders and raised questions of international law. We thought it would be helpful to provide a few brief points of reference with regard to the relevant international aviation law surrounding the situation.

First, overflights by State aircraft fall largely outside of the 1944 Convention on International Civil Aviation, the basis for most of what we discuss as “international aviation law.” Article 3 of the Convention limits the Convention’s application to civil, as opposed to State, aircraft. While State aircraft isn’t fully defined, there is no question that aircraft transporting a sitting State president on official State business qualifies.

Article 3(c) prohibits State aircraft from flying over the territory of another State without prior authorization. While obtaining overflight authorization for diplomatic aircraft such as the one carrying Morales is often routine (a description of U.S. authorization procedures can be found here), States have a clear legal right to deny such authorization. We don’t currently know enough about what Morales’ original intended flight path was, and what, if any, authorizations were obtained prior to takeoff only to be later revoked. Given States’ broad sovereign authority in this area, there doesn’t appear to be any violations of international law, at least not as relates to aviation. Of course, such an unusual incident is certain to carry diplomatic and political consequences regardless of legality.”

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Douglas McNabb – McNabb Associates, P.C.’s
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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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“INTERPOL Declines To Honor French Judge’s Request For Arrest Of Equatorial Guinean Official”

November 2, 2012

The Sacramento Bee on November 1, 2012 released the following:

“By Republic of Equatorial Guinea

MALABO, Equatorial Guinea, Nov. 1, 2012 — /PRNewswire-USNewswire/ — The International Criminal Police Organization, commonly known as INTERPOL, has informed the government of Equatorial Guinea that it has blocked a request by a French investigating magistrate for an international arrest warrant for the Second Vice President of the Republic of Equatorial Guinea, Teodoro Nguema Obiang Mangue.

In a statement issued this past weekend, INTERPOL said that “international police cooperation through INTERPOL’s channels would not be, in this case, consistent with the Constitution and Rules of the Organization.”

The investigative magistrate is pursuing charges brought by an NGO, not the French government, that a residence and furnishings in Paris were purchased by Vice President Nguema with the fruits of corruption. Vice President Nguema and the government of Equatorial Guinea have denied the charges. The government of Equatorial Guinea has said that the property in question is diplomatic property owned by the state, and has charged the French government with violating the Vienna Convention on Diplomatic Relations. In a related matter a member of the NGO that has made the allegations is, himself, avoiding an international arrest warrant.

In a statement, the government of Equatorial Guinea said, “This decision is a first recognition of international law that was always been demanded by the Government of Equatorial Guinea, and should be translated immediately into the abandonment of the legal process undertaken in recognition of the error committed by the French investigating magistrate, restoring to the Equatorial Guinean State all the confiscated goods.””

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Douglas McNabb – McNabb Associates, P.C.’s
INTERPOL Red Notice Removal Lawyers Videos:

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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Italy’s fight against mafia a blueprint against transnational organized crime, INTERPOL Chief tells Palermo meeting

June 11, 2012

INTERPOL on June 11, 2012 released the following:

“PALERMO, Italy ‒ INTERPOL Secretary General Ronald K. Noble has said that global efforts against transnational organized crime can learn from the effective international police cooperation and national resolve which underpin Italy’s on-going struggle against the mafia.

Speaking at the Third Experts Meeting (11-13 June) of the Digest of Organized Crime Cases project, Mr Noble said the initiative provided an important ‘toolbox’ which assisted countries in implementing the United Nations Convention against Transnational Organized Crime, signed in Palermo in 2000, by providing them with key best practices in investigative and prosecutorial techniques, as well as in law enforcement cooperation.

With the meeting attended by Italian Senate President Renato Schifani, Italian Interior Minister Anna Maria Cancellieri, President of the Regional Assembly of Sicily Francesco Cascio, Prefect Antonio Manganelli, Chief of the Italian Police and Director General of Public Security of Italy, Director John Sandage of the United Nations Office on Drugs and Crime (UNODC), and members of the Experts’ Group, Mr Noble paid tribute to judges Giovanni Falcone and Paolo Borsellino, as well as to the eight Italian police officers and Giovanni Falcone’s wife, Francesca Morvillo, who were killed in Palermo bombings 20 years ago at the hands of the Cosa Nostra.

With tens of thousands of individuals holding public mandates ‒ ministers, members of parliament, police officers and judges ‒ but also journalists, writers, professors and countless ordinary citizens having found the courage to stand up against the Mafia, Mr Noble said: “By demonstrating that its institutions and people are standing as one in facing the Mafia, Italy is setting an example for the world against organized crime.”

Mr Noble recalled how Felicia Impastato dedicated her life to successfully bringing her son’s murderers to justice, as well as President Napolitano’s visit to Sicily this year to celebrate a State funeral for Placido Rizzotto, a trade union leader who was assassinated in 1948 by the Cosa Nostra but whose body was only recently identified.

The Head of INTERPOL said that besides institutions and individuals, international law enforcement and judicial cooperation was equally crucial in successfully combatting organized crime, and that this is precisely what INTERPOL strives to accomplish within the international law enforcement community.

Prefect Manganelli stressed the importance of cooperation between INTERPOL’s 190 member countries and said Italy’s cooperation with INTERPOL had been ‘especially close’ in the aftermath of the Italian judges’ assassinations.

“Today’s fight against organized crime means not just arresting criminals but also seizing their assets, and in this area INTERPOL’s global network has offered strong support to Italy. In 2011 alone, Italy confiscated properties, money and other assets belonging to the mafia worth some 9 billion Euros. In this respect Italy will be proud to see the Digest become an invaluable resource to the law enforcement community worldwide,” added Prefect Manganelli.

Mr Noble cited how recently, INTERPOL had contributed to the arrest of one of Italy’s most wanted criminals, Vito Roberto Palazzolo, who had been sentenced in Palermo to nine years in prison for external collusion with the Mafia. Palazzolo, who was the subject of an internationally-wanted persons INTERPOL Red Notice, was arrested in Bangkok on 30 March by Thai authorities with the support of INTERPOL’s Fugitive Investigation Support unit and Italy’s State Police.

“I commend Prefect Manganelli for the leadership and dedication he has shown over the years in working with INTERPOL and countless other law enforcement bodies worldwide to fight transnational organized crime. Italy and the international law enforcement community are lucky to have such a talented and committed professional,” said the Head of INTERPOL.

The Digest of Organized Crime Cases project was launched in 2010 on the tenth anniversary of the Palermo Convention, under the leadership of Italy, of Colombia – whose determination against armed guerilla groups Mr Noble praised at the meeting – and UNODC, with the support of INTERPOL.”

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Douglas McNabb – McNabb Associates, P.C.’s
INTERPOL Red Notice Removal Lawyers Videos:

INTERPOL Notice Removal

INTERPOL’s Red Notice

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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Interpol targets 55 suspects using social network sites for child sex abuse images

May 23, 2012

CNN on May 22, 2012 released the following:

“By the CNN Wire Staff

(CNN) — An Interpol investigation into social networking groups exchanging child abuse material has targeted 55 key suspects in 20 countries, including the United States, and 12 children have been identified and removed from harm, the agency said Tuesday.

An unspecified number of the suspects have been arrested, said Interpol, the world’s largest international police organization.

The international operation, which targeted child sexual abusers trading online images, identified suspects in 19 other countries: Australia, Bosnia, Brazil, Chile, Costa Rica, England, Finland, France, Germany, Indonesia, Italy, Mexico, Norway, Saudi Arabia, South Africa, The Netherlands, Tunisia, Turkey, and Venezuela, Interpol said.

The covert online investigation began in October 2010 in New Zealand, where authorities alerted Interpol’s crimes against children team after discovering Facebook, Socialgo and grou.ps were being used to exchange significant amounts of “abusive and exploitative pictures,” Interpol said in a statement.

Working with U.S. authorities, the Interpol inquiry found about 80 groups “engaged in the display or distribution of previously seen and unseen child sexual abuse images,” Interpol said.

Facebook officials assisted the investigation after authorities identified key targets and their associated groups, Interpol said.

Maarten Quivooy, general manager of New Zealand’s Regulatory Compliance Operations, said the Internet destroys jurisdictional boundaries and that protecting children is now a global responsibility.

“Trading in or viewing these images is … offending because it involves real children often being abused both in real time and over time, and when these images of children being sexually abused are released onto the Internet, they live on forever,” Quivooy said in a statement.

“Terms such as kiddiporn and child pornography make the physical sexual abuse of a child appear consenting. No child is capable of consenting to sexual activity — therefore all sexual depiction of children is abuse,” he said.

Mick Moran, the head of Interpol’s crimes against children unit, said the operation highlighted international cooperation.

“While disrupting these networks is a significant part of the investigation, what is more important is that innocent children and in some cases babies have been rescued from physical abuse,” Moran said in a statement.

U.S. Immigration and Customs Enforcement Director John Morton said his agency will “work tirelessly with our international law enforcement partners to protect children wherever they live and to bring justice to criminals wherever they operate.”

The 55 suspects allegedly created groups that posted images of children under age 13 being abused, Interpol said.”

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Douglas McNabb – McNabb Associates, P.C.’s
INTERPOL Red Notice Removal Lawyers Videos:

INTERPOL Notice Removal

INTERPOL’s Red Notice

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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International criminal defense questions, but want to be anonymous?

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PNP to aid INTERPOL in tracking, hunting down foreign fugitives hiding in PHL

March 20, 2012

Zambo Times on March 20, 2012 released the following:

“MANILA — Philippine National Police Director General Nicanor Bartolome announced Monday the command will assist the International Police (INTERPOL) in tracking and arresting six to eight fugitives in the Philippines.

He added some of the suspects have pending child abuse cases.

Bartolome added the INTERPOL has given him a list of the suspects or fugitives they believed are hiding in the country.

The PNP chief stressed that they are still determining whether the fugitives wanted by the INTERPOL have links with known terrorist groups.

Aside from helping the INTERPOL extend its dragnet for known criminals and fugitives, Bartolome said the international anti-crime organization also inked a transnational crime agreement with the PNP with special focus on reducing or eliminating known producers of counterfeit medicines.

The PNP chief last week met with INTERPOL Secretary General Ronald K. Noble in Lyon, France to discuss increased cooperation between the country and the world police body in combating a range of transnational crimes.

Discussions also included the recent participation of the Philippines in Operation Infra-SEA (International Fugitive Round-Up and Arrest – South East Asia), launched from INTERPOL’s Liaison Office in Bangkok, Thailand.

This focused on information relating to 60 suspects from 21 countries wanted in connection with child sex offences.

“Cooperation with INTERPOL is a priority area for police in the Philippines. My meeting with Secretary General Noble provided an important opportunity to reaffirm the need for international cooperation with INTERPOL, and to identify areas such as terrorism, counterfeit medicines and fugitive investigation where we can collaborate even more closely,” Bartolome stressed.

Noble said: “International law enforcement collaboration between INTERPOL and the Philippines is vital for the country, the region and beyond.

“A global collaborative approach to security involving countries sharing intelligence and maximizing the use of INTERPOL’s global police tools is today key to effectively protecting citizens.”

In this respect, the INTERPOL chief said the organization strongly supported plans by the Philippine authorities to expand INTERPOL’s tools and services to the PNP.

INTERPOL having sent a Disaster Victim Identification team to Cebu in 2008 following a ferry disaster which left 800 dead.

Noble outlined how the INTERPOL Global Complex for Innovation will have a dedicated DVI platform to better assist Asian countries requesting assistance following disasters or acts of terrorism.

The IGCI is due to open in Singapore in 2014. (PNA)”

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Douglas McNabb – McNabb Associates, P.C.’s
INTERPOL Red Notice Removal Lawyers Videos:

INTERPOL Notice Removal

INTERPOL’s Red Notice

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

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

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


Italy’s head of criminal police visits INTERPOL ahead of Rome General Assembly

January 16, 2012

INTERPOL on January 16, 2012 released the following:

“LYON, France – Italy’s Director General of Criminal Police and Deputy Director General of Public Security, Prefect Francesco Cirillo, today met with INTERPOL Secretary General Ronald K. Noble at INTERPOL’s General Secretariat headquarters to discuss security measures aimed at enhancing international cooperation against cross-border crime.

With Rome hosting the 81st INTERPOL General Assembly later this year (5-8 November), the visit by Prefect Cirillo provided an opportunity to review preparations for the conference which will cover key security issues such as transnational organized crime, human and drug trafficking, terrorism, corruption, cybercrime and stolen works of art.

The role of international law enforcement cooperation and the global tools and services INTERPOL provides its 190 member countries against international crime will top the conference agenda.

During his meeting with Prefect Cirillo, Secretary General Noble underlined Italy’s ‘strong leadership’ in international law enforcement cooperation, and said INTERPOL’s General Assembly in Rome was set to determine the international security agenda ‘at a time when globalization has seen the expansion and diversification of transnational crime’.

The General Assembly is composed of delegates appointed by the governments of member countries. As INTERPOL’s supreme governing body, it meets once a year and takes all the major decisions affecting general policy, the resources needed for international cooperation, working methods, finances and programmes of activities. It also elects the Organization’s Executive Committee. Each member country represented has one vote.”

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Douglas McNabb – McNabb Associates, P.C.’s
INTERPOL Red Notice Removal Lawyers Videos:

INTERPOL Notice Removal

INTERPOL’s Red Notice

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

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


Visit by Romania’s Inspector General of Police to INTERPOL emphasizes role of international law enforcement cooperation

January 13, 2012

INTERPOL on January 13, 2012 released the following:

“LYON, France – Enhancing international cooperation against transnational organized crime was the focus of a meeting today between Romania’s Inspector General of Police, Liviu Popa, INTERPOL Secretary General Ronald K. Noble, at the world police body’s General Secretariat headquarters.

Law enforcement initiatives against cross-border crimes such as human trafficking, illegal immigration, drug trafficking and financial fraud, as well as cooperation in identifying and locating international fugitives, topped the agenda during Mr Popa’s visit, which also provided an opportunity for reviewing the global tools and services INTERPOL provides to its 190 member countries.

“Cooperation with INTERPOL is a priority area for Romanian police. My meeting with Secretary General Noble provided an important opportunity to reaffirm the need for international cooperation with INTERPOL, and to identify areas where we can collaborate even more closely for the benefit of citizens and police in Romania as well as beyond its borders,” said Romania’s Inspector General of Police, Liviu Popa.

With Romania the third highest-user amongst countries in the Schengen zone of INTERPOL’s Stolen and Lost Travel Documents database – which contains 31.3 million entries from 161 member countries – Secretary General Noble congratulated Mr Popa on Romania’s “exemplary and active” collaboration with INTERPOL and the global law enforcement community.

In their meeting, Mr Noble also lauded Romania’s role in the recent arrest in Spain of a Romanian national wanted internationally. Close collaboration between INTERPOL’s National Central Bureaus in Romania and Spain and INTERPOL’s Fugitive Investigative Support (FIS) unit at its General Secretariat headquarters led to the arrest in Spain in October 2011 of Romanian Red Notice suspect Ioan Clamparu.

The wanted man had been on the run from his native Romania for eight years where he has been sentenced to 13 years in jail for people and drugs trafficking. Clamparu was one of 450 international fugitives targeted by INTERPOL’s Operation Infra-Red in July 2010 which aimed to locate individuals convicted of serious crimes.

“The decision by Romania to share information on its own crime case with the international police community, and the coordination between INTERPOL’s National Central Bureaus in Bucharest and Madrid and its fugitives unit in Lyon, were crucial to this case,” said Mr Noble.

“International law enforcement collaboration between INTERPOL and Romania is therefore vital for the region and beyond. A global collaborative approach to security involving countries sharing intelligence and maximizing the use of INTERPOL’s global police tools is today key to effectively protecting citizens not just in Romania but also in the region and worldwide,” added Secretary General Noble.

Talks during Mr Popa’s visit also included a review of progress on the INTERPOL Global Complex for Innovation due to open in Singapore in early 2014. Mr Popa was accompanied by the Head of NCB Bucharest and Police Chief Commissioner Lacramioara Petrescu, as well as by Police Commissioner and Director of Romanian’s International Police Cooperation Centre, Mihai Lucian Friptu.”

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Douglas McNabb – McNabb Associates, P.C.’s
INTERPOL Red Notice Removal Lawyers Videos:

INTERPOL Notice Removal

INTERPOL’s Red Notice

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

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