International Cooperation in Criminal Matters and Cooperation between CBI and State Governments Rakesh Aggarwal DIG, CBI New Delhi

Why International Cooperation World is becoming a Global village –Faster mobility –Integration of economies –Wire transfers –International tourists Global tenders Immigrant population International gangs, terrorism, etc.

Principles of International Cooperation Sovereignty Supremacy of domestic laws Dual criminality Ordinary criminal law Legal arrangements, reciprocity Respect for Human Rights Restrictions against capital punishment

Types of International Cooperation INTERPOL Enquiries, Look Out Notices, RCNs (Non-evidentiary) BILATERAL Formal Investigation Through Letters Rogatory EXTRADITION Extradition Request through MEA

INTERPOL Largest International association of Police Organizations 187 member countries, each represented by a National Central Bureau (NCB), Head Quarter at Lyon, France No police powers, IT IS NOT A POLICE NCB-India is part of CBI, Director CBI is head of NCB- India. NCBs are single points of contacts for a country All NCBs connected on 24X7 basis through a secure channel, all enquiries sent through this channel

INTERPOL (CONTD.) NCB-India coordinates with State Police through Interpol liaison Officers (generally ADG/IG Crime of State police) All requests executed as per domestic law of the requested country and on basis of voluntary cooperation Requests have to be based on ordinary criminal law and should not be political Interpol has various databases, the most important being that of Red Notices

Red Notice (RCN) Red Notice is a Look Out Notice to member countries of the Interpol that a person is wanted for a Crime Conditions: –Request can be made only by NCB-India –Person should be wanted for an ordinary serious crime (extraditable offence) –The offence should not be of political, racial or military nature –An open-dated arrest warrant –Identity particulars Arresting a person after he is located is not mandatory in all countries; executed as per domestic law

Investigations Abroad Legal framework: –Section 166 A CrPC for outgoing requests –Section 166 B CrPC for incoming requests India has Mutual Legal Assistance Treaties (MLAT) with a number of countries In absence of MLAT, assurance of reciprocity forms the basis for cooperation MHA is the nodal authority; CBI is coordinating authority for incoming requests Letters Rogatory (Letter of request) is issued by Judicial magistrate to the competent authority in requested state

Investigations Abroad- Contd. Letters Rogatary are executed for only ordinary crimes on principles of sovereignty and dual criminality and supremacy of domestic laws What evidence is to gathered has to be specified Police officers of one country do not have any police powers in another country Police officers of requesting country can visit the requested country for assistance only, subject to approval of requested country Problems: Delays, examination of witnesses during trial (video conferencing)

Extradition Extradition means transfer of an offender from one country to another Legal Framework: Indian Extradition Act, 1962 and Extradition Treaties Ministry of External Affairs is the nodal ministry Extradition possible, even without an Extradition Treaty on the basis of Assurance of Reciprocity Before an Extradition Request can be sent, the person has to be located (through RCN or otherwise)

Extradition- (Contd.) Extradition Request has to be issued by the competent court. It contains the allegations against the accused and the evidence which supports such allegations Generally extradition is for the purpose of trial and not for investigation, i.e. charge-sheet should have been submitted in court Own nationals are generally not extradited, they are tried by the native country by importing evidence Law of specificity: A person can be tried for only the offence for which he has been extradited Problems: A mini trial in requested country, delays

Cooperation between CBI and States NCB-India for enquiries, investigations Formal and informal channels for searches, arrest warrants, apprehension of proclaimed offenders, security Annual conferences: Anti-corruption conference, Interpol Liaison Officers’ Conference CBI is nodal agency for database on missing children, FICN, human trafficking Knowledge management in transferred investigations