LINDEBORGCounsellors at Law 47 Curzon Street, London W1J 7UJ, United Kingdom Dr Rutsel Silvestre J Martha, LLM Question concerning the purported “Light” Blue Notice Issued by INTERPOL against Mr Lalit Kumar Modi 1. 2. 3. This opinion is issued in relation to the recent media reports, especially in India, concerning a purported Blue Notice issued at the request of Indian authorities by the International Criminal Police Organization (“INTERPOL) against Mr Lalit Kumar Modi DOB 29 November 1963 of Indian Nationality. My opinion has specifically been asked in relation to the news report titled “'Confusion' Over Shades of Blue in Notice Against Lalit Modi, Says Arun Jaitley”1, published on 16 June 2015 by NDTV which claimed that a “Light” Blue Notice had been issued by INTERPOL against Lalit Modi. For the reasons set forth below, it is my considered expert opinion that the claim advanced in the above captioned news report that India has issued against Mr Lalit Modi an INTERPOL Light Blue Notice which was created to fight financial crime is both factually and legally incorrect. As far as INTERPOL’s rules are concerned: (i) (ii) (iii) 4. There is no such thing as an INTERPOL Light Blue Notice. No member country is legally empowered to issue a Blue or any INTERPOL Notice whatsoever, irrespective of colour. Only INTERPOL’s General Secretariat HQ is legally authorized issue INTERPOL Notices. As of the writing of this opinion, there is no such thing, INTERPOL Notice for financial crimes. This opinion draws on the expertise that that I developed from more than 30 years as a practitioner and scholar of international law. In particular, from 2004 until 2008, I served as the General Counsel and Director of Legal Affairs of INTERPOL (Lyon) and I have taught a course on INTERPOL as a visiting professor at the National University of Singapore Law School from 2007 to 2013. My publications on international law include: The Legal Foundations of INTERPOL (Hart Publishing, 2010), “Challenging Acts of INTERPOL in Domestic Courts” (In: Challenging Acts of International Organizations Before National Courts, Edited by August Reinisch, OUP, September 2010), and “Remedies Against INTERPOL: role and practice of defense lawyers” -‐ Conference European Criminal Bar Association Lyon, 6 October 2007 (online). Most recently I served as the General Counsel and Director of Legal Affairs of the International Fund for Agricultural Development in Rome (2008-‐2013). I was the Minister of Justice of the Netherlands Antilles (1998-‐2002), Minister Plenipotentiary to the European Union (1990-‐1998), and Counsellor in the Legal Department of the IMF (1987-‐1989). I hold law degrees, including a PhD in law, from the University of Leiden (The Netherlands) and the Washington College of Law (Washington DC). I am currently practising at Lindeborg – Counselllors at Law as an international legal consultant in London specializing in providing expert legal advice on matters involving INTERPOL and international law. 1 NDTV 16 June 2014. Available at: http://www.ndtv.com/india-‐news/blue-‐corner-‐notice-‐against-‐lalit-‐modi-‐still-‐stands-‐says-‐ agency-‐that-‐issued-‐it-‐772143?site=full (Last accessed 18:49 GMT 16 June 2014). Lindeborg Ltd is a limited company registered in England and Wales under registered number 8850299. Registered Office 7 Torriano Mews , London NW52R2 Mr Modi’s submission dated 24 July 2013 to the Commission for the Control of INTERPOL’s Files (henceforth “CCF”). it makes clear that INTERPOL has not issued any Blue Notice against Mr. and The above captioned news report. suspension.LINDEBORG Counsellors at Law 47 Curzon Street. are governed by the INTERPOL Constitution and the rules adopted thereunder by the INTERPOL General Assembly. The CCF’s letter dated 16 October 2013 to Mr Modi. Registered Office 7 Torriano Mews . or at the initiative of the General Secretariat. United Kingdom Dr Rutsel Silvestre J Martha. nor elsewhere in the IRPD. Currently.a. London W1J 7UJ. their correction. London NW52R2 . 8. Created in 1923 and reconstituted in 1956. For the purposes of the present opinion I have examined amongst others the following documents: (i) (ii) (iii) (iv) 6. This follows from CCF’s letter dated 16 October 2013 to Mr Modi. 9. and sent to all the INTERPOL’s Members. This sentence harbours three distinct messages. deletion etc. The purpose and the condition of the INTERPOL Blue Notice are set forth in Article 88 of the IRPD. consisting of 190 member countries. at the request of an NCB or an international entity that has been authorised to use INTERPOL’s channels. LLM 5. the assertion is also factually incorrect. Accordingly. One of INTERPOL’s tools to accomplish this goal is its Notices published i. Each member country is required to designate an entity to serve as the INTERPOL National Central Bureau (“NCB”) in that Country. not an actual Blue Notice or the fictitious Light Blue Notice discussed in the above captioned media report. it also makes clear that India has not entered any information about Lindeborg Ltd is a limited company registered in England and Wales under registered number 8850299. The publication of INTERPOL Notices. Mr Modi’s letter dated 24 August 2013 to the CCF. Second.” (Emphasis added) 11. the assertion in the abovementioned media report regarding the existence of a “Light Blue Notice” against Mr Modi is legally incorrect: There is no such thing as an INTERPOL Light Blue Notice. In addition to being legally incorrect. which states as follows: “We would like to inform you that the INTERPOL General Secretariat has not issued any blue notice concerning you and that there is no information concerning you in INTERPOL’s files originating from India. According to the IRPD an INTERPOL “Notice” means any request for international cooperation or any international alert published by the Organization at the request of aN NCB or an international entity. The NCB’s task is essentially to liaise with the INTERPOL General Secretariat Headquarters and with the NCB’s of the other member countries. 7. Modi. It will be noted that the concept of “Light Blue Notice” does not appear anywhere in that provision. 10. those rules are set forth in the INTERPOL Rules on the Processing of Data (hereinafter IRPD). In the first place. the essential function of INTERPOL is to provide an organised and coordinated response to the demand for international police enforcement cooperation. often minors. objects. LLM Mr Modi in INTERPOL’s databases which means that India has not used INTERPOL’s information system to conduct an investigation of Mr Modi. Green Notice: To provide warnings and intelligence about persons who have committed criminal offences and are likely to repeat these crimes in other countries. Yellow Notice: To help locate missing persons. Moreover. a person. London. location or activities in relation to a crime. United Kingdom Dr Rutsel Silvestre J Martha. Thirdly and importantly. and it has not issued any kind of INTERPOL Notice against Mr Modi. 13. Finally. For the above stated reasons. I restate unequivocally that it is my considered expert opinion that the claim advanced in the above captioned media report that India has issued against Mr Lalit Modi an INTERPOL Light Blue Notice which was created to fight financial crime is both factually and legally incorrect. an object or a process representing a serious and imminent threat to public safety. The General Secretariat’s exclusive authority in this regard is enshrined in Article 73 of the IRPD. Orange Notice: To warn of an event. it is also my considered opinion that India has not investigated Mr Modi using INTERPOL’s information system. INTERPOL notices system comprises only the following types of notices: • • • • • • • • 14. London W1J 7UJ. London NW52R2 . Red Notice: To seek the location and arrest of wanted persons with a view to extradition or similar lawful action. Therefore the statement that an INTERPOL Light Blue Notice against Mr Modi was published by India itself must be considered a complete fabrication. Black Notice: To seek information on unidentified bodies. 16 June 2015 Lindeborg Ltd is a limited company registered in England and Wales under registered number 8850299. it follows from the first two points that Mr Modi is not wanted for arrest by India or an international fugitive from India as has been suggested in the media. Blue Notice: To collect additional information about a person’s identity. not only is there no such thing as a Light Blue Notice. 12. It is important to stress that according to the IRPD only the General Secretariat can issue INTERPOL Notices. devices and concealment methods INTERPOL–United Nations Security Council Special Notice: Issued for groups and individuals who are the targets of UN Security Council Sanctions Committees. Purple Notice Purple Notice: To seek or provide information on modi operandi. Currently. or to help identify persons who are unable to identify themselves. Registered Office 7 Torriano Mews . but there is no such thing as an INTERPOL Notice for financial crimes either.LINDEBORG Counsellors at Law 47 Curzon Street. unlike suggested in the above captioned media report.
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