Can INTERPOL Make Arrests in Dubai? Understanding the Legal Dynamics

Can INTERPOL Make Arrests in Dubai? The straight answer is No.

While INTERPOL plays a vital role in international law enforcement, it does not have the authority to directly arrest individuals in any country, including Dubai. Arrests in Dubai based on INTERPOL Red Notices require a formal extradition request from the country seeking the individual. The UAE authorities carefully review such requests under their legal framework, ensuring compliance with international laws and human rights standards. In the absence of a valid extradition request, individuals flagged by INTERPOL may face travel restrictions or monitoring but are not immediately detained.

INTERPOL, the International Criminal Police Organization, plays a critical role in global law enforcement by facilitating cross-border collaboration among police forces. While its operations span nearly every country, there is often confusion about its authority, particularly regarding whether INTERPOL can make arrests in sovereign jurisdictions like Dubai, UAE. This article explores the legal nuances, including Dubai’s collaboration with INTERPOL, its practices in handling international fugitives, and the limitations of INTERPOL’s mandate.

Understanding INTERPOL’s Authority and Red Notices

INTERPOL is an international organization headquartered in Lyon, France, with 195 member countries. It acts as a coordination platform for law enforcement agencies to share intelligence and collaborate on international criminal investigations. However, INTERPOL does not have its own police force and lacks the authority to make arrests anywhere in the world. Instead, it issues notices to member countries to disseminate critical information about wanted individuals.

A Red Notice, often misunderstood as an international arrest warrant, is a request to locate and provisionally detain a person pending extradition or legal action. The notice is issued at the request of a member country or an international tribunal but is not legally binding. This means that the decision to arrest or detain a subject of a Red Notice lies entirely with the country where the individual is located. Dubai Police, not INTERPOL, would execute an arrest based on such notices.

Arrests Contingent on Extradition Requests

When Dubai Police receive an INTERPOL Red Notice, they treat it as a formal alert rather than a direct mandate for arrest. For an individual to be detained, the following legal conditions must be satisfied:

1. Formal Extradition Request:
   • The requesting country must submit a formal extradition request to the UAE authorities, accompanied by supporting evidence and documentation.
   • This request must demonstrate that the alleged offense is criminalized in both the requesting country and the UAE under the principle of dual criminality.
2. Judicial Review:
   • UAE courts carefully evaluate extradition requests. The judiciary examines whether the evidence is credible, whether the offense warrants extradition under UAE law, and whether the individual’s rights will be protected in the requesting country.
   • If these conditions are unmet, the courts may deny the extradition and, consequently, the arrest.
3. Human Rights Protections:
   • The UAE, despite its robust law enforcement, is bound by international human rights standards. If there is a risk that the individual could face unfair treatment, torture, or persecution in the requesting country, extradition—and thus arrest—may be denied.

Movement Restrictions in Lieu of Arrest

Even when an arrest cannot be legally justified, Dubai has measures to limit the mobility of individuals subject to INTERPOL notices. These measures strike a balance between respecting international obligations and upholding the legal rights of individuals within the UAE. Key strategies include:

1. Travel Bans:
   • Dubai Police and immigration authorities can impose a travel ban on individuals flagged by INTERPOL. This prevents them from leaving the country while legal and diplomatic discussions about extradition proceed.
   • Travel bans are often accompanied by the confiscation of passports, ensuring that the individual cannot evade international or local scrutiny.
2. Monitoring and Surveillance:
   • While awaiting a formal extradition request, individuals may be placed under discreet surveillance. This ensures they remain within the UAE’s jurisdiction and do not engage in further illegal activities.
3. Immigration Control Alerts:
   • The UAE’s immigration system is linked to INTERPOL databases, enabling authorities to flag individuals upon entry or exit. This ensures that anyone subject to a Red Notice is identified and monitored without requiring immediate detention.
4. Judicial Summons:
   • In some cases, individuals may be summoned to court to address inquiries related to their Red Notice. This allows UAE authorities to assess the situation further without resorting to arrest.

How to identify INTERPOL’s Red Notices in Dubai?

1. Case Numbers are Only Assigned Upon Custody or Escape

INTERPOL does not automatically assign a case number to individuals flagged by its notices. Instead, case numbers are directly linked to the procedural status of the individual:

• Custody or Escape: A case number is generated only if:
  • The individual is taken into custody by law enforcement in a member country.
  • The individual escapes from custody or detention.
• Significance of Case Numbers: These numbers serve as official identifiers within the judicial or procedural system of the country acting upon the Red Notice. Without custody or an escape scenario, there is no procedural case to link to the notice, leaving the Red Notice as a standalone international alert.

For individuals flagged but not detained, their Red Notice remains active but is not tied to a formal case number, adding to the confusion about their status and the underlying allegations.

2. Background Checks: Crucial for Understanding the Cause

When the specific reasons behind a Red Notice or other INTERPOL marker are unknown, conducting a background check becomes essential. This process helps uncover the cause, such as outstanding criminal charges, extradition requests, or politically motivated accusations. Key steps include:

• Verification of Local Records:
  • Cross-referencing the individual’s details with legal, police, and immigration records in the country of residence or travel.
  • Identifying any past or pending legal actions that could lead to an INTERPOL alert.
• Legal Review:
  • Engaging legal professionals to liaise with authorities in the requesting country to ascertain the basis for the notice.
  • Checking for dual criminality (whether the alleged offense is considered a crime in both the requesting and host countries).
• Request for INTERPOL Files:
  • The individual or their legal representative can request access to their file via INTERPOL’s Commission for the Control of INTERPOL’s Files (CCF).
  • The CCF ensures transparency and allows individuals to challenge notices if they believe they are politically motivated, erroneous, or outdated.

A thorough background check is often the first step in resolving uncertainties related to a Red Notice and assessing the next course of action.

3. Reference Numbers: Tracking Without a Case Number

Even in the absence of a case number, all INTERPOL notices, including Red Notices, are associated with a unique reference number. This identifier is critical for retrieving details related to the notice:

• What the Reference Number Represents:
  • It is an alphanumeric code assigned by INTERPOL when a member country submits a request for a notice.
  • This number helps law enforcement agencies, immigration authorities, and legal representatives track and verify the notice’s details.
• Using the Reference Number:
  • Individuals flagged by INTERPOL can use the reference number to inquire about the specifics of the notice, either through their legal counsel or by contacting INTERPOL directly.
  • In the UAE, for example, immigration or law enforcement authorities can use the reference number to determine if the individual poses a legal risk, triggering actions like travel bans or detention.

The reference number serves as a key resource for individuals seeking clarity about their status, even if no formal case exists in the UAE or elsewhere.

Addressing Scenarios with Unknown Causes

When the cause of a Red Notice or INTERPOL marker is unknown, the lack of transparency can create significant challenges for the individual. However, certain steps can help navigate this uncertainty:

1. Engaging Legal Counsel:
   • Skilled legal representatives with expertise in international law can liaise with relevant authorities and INTERPOL to uncover the basis for the notice.
2. Requesting Additional Information from Authorities:
   • In some cases, individuals can formally request information from the host country’s law enforcement or immigration authorities to clarify the notice’s cause.
   • Dubai Police, for instance, may assist in verifying whether an INTERPOL marker is valid and actionable under UAE law.
3. Human Rights Considerations:
   • If the notice’s cause remains unclear or is suspected to be politically motivated, individuals may seek protection under international human rights law. INTERPOL itself is obligated to review and, if necessary, revoke politically influenced notices.

How Dubai Police Collaborates with INTERPOL

Dubai, as part of the UAE, is a member of INTERPOL and plays an active role in combating international crime. Dubai Police frequently collaborate with INTERPOL and other law enforcement agencies to apprehend individuals wanted for serious crimes, such as fraud, money laundering, and organized crime. For instance:

• Recent Arrests: Dubai Police recently arrested William Pereira Rugato, a Brazilian national wanted for allegations of match-fixing and fraud. His apprehension was a result of INTERPOL’s Red Notice system, showcasing Dubai’s proactive stance in honoring international law enforcement commitments.
• Past Notable Arrests: Another high-profile case involved the detention of Irish fugitive Sean McGovern in October 2024, further emphasizing Dubai Police’s commitment to cooperating with INTERPOL in combating transnational crime.

Colonel Tariq Sultan Hilal Al Suwaidi, Director of the Wanted Persons Department at Dubai Police, remarked that these arrests demonstrate Dubai’s dedication to fostering global partnerships against organized crime.

Legal Framework in Dubai for Arrests Based on INTERPOL Notices

The UAE’s legal framework for handling Red Notices and international fugitives is governed by:

1. Extradition Treaties: The UAE has signed numerous extradition treaties with countries worldwide. These agreements outline the terms under which a fugitive may be handed over to the requesting country. If a Red Notice aligns with the provisions of an extradition treaty, Dubai Police may arrest the individual and initiate extradition proceedings.
2. UAE Federal Law: In cases where no extradition treaty exists, UAE Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters provides the legal foundation for handling extradition requests. Article 7 of this law specifies conditions under which individuals may be detained, such as the nature of the offense and compliance with human rights norms.
3. Judicial Oversight: Any decision to extradite a fugitive must be approved by UAE courts. The judiciary examines whether the extradition request meets legal requirements, ensuring that the process adheres to domestic laws and international obligations.

Limitations of INTERPOL’s Role

While INTERPOL facilitates information sharing and supports international crime investigations, its role is restricted by certain key limitations:

• No Enforcement Power: INTERPOL cannot compel any country, including the UAE, to arrest a suspect. Each member country retains sovereignty over its law enforcement decisions.
• Compliance with National Laws: Arrests and extraditions based on INTERPOL notices must align with the host country’s legal framework. For instance, Dubai Police will assess whether an INTERPOL notice conforms to UAE laws before acting on it.
• Human Rights Safeguards: INTERPOL must ensure its notices do not violate international human rights standards. Its Commission for the Control of INTERPOL’s Files (CCF) reviews cases to prevent misuse of Red Notices for political or discriminatory purposes.

Why Dubai Has Become a Hub for High-Profile Arrests

Dubai’s strategic location, global connectivity, and status as an international business hub make it a common transit and destination point for individuals wanted by international authorities. The city’s commitment to law enforcement cooperation has made it a focal point for high-profile arrests. Several factors contribute to this:

1. Advanced Technology: Dubai Police employ cutting-edge surveillance and data analytics tools to monitor and identify suspects. This technological edge aids in swiftly apprehending individuals flagged by INTERPOL notices.
2. Proactive Approach: Dubai has positioned itself as a leader in combating financial crimes, fraud, and organized crime, aligning with its reputation as a global financial hub.
3. Global Partnerships: The UAE actively collaborates with INTERPOL, Europol, and other international organizations, ensuring seamless coordination in tracking and apprehending fugitives.

Case Study: Arrest of William Pereira Rugato

The arrest of William Pereira Rugato exemplifies Dubai Police’s robust collaboration with INTERPOL. Rugato was wanted in Brazil for allegations of facilitating illegal financial gains through match-fixing and sports betting fraud. He was apprehended upon his arrival in Dubai from Europe, demonstrating the city’s vigilance in identifying and detaining internationally wanted individuals.

This case underscores the importance of international cooperation in addressing crimes that transcend borders, such as fraud and corruption in sports. It also highlights Dubai’s role as a responsible global partner in law enforcement.

Challenges and Controversies in Extradition Cases

Despite its successes, the UAE faces challenges in handling international extradition cases:

• Political Sensitivities: Some extradition requests may involve political considerations, particularly if the suspect alleges persecution in the requesting country. UAE courts must carefully navigate such cases to uphold justice while respecting international norms.
• Legal Complexities: Differences in legal systems and evidence requirements between the UAE and the requesting country can complicate extradition proceedings.
• Abuse of Red Notices: Critics have raised concerns about the misuse of INTERPOL’s Red Notice system for political purposes. The UAE must ensure its actions are based solely on legitimate criminal allegations.

INTERPOL’s Role in Dubai

While INTERPOL itself cannot make arrests in Dubai, its collaboration with Dubai Police and other UAE law enforcement agencies plays a crucial role in combating international crime. Dubai has emerged as a model for leveraging INTERPOL’s resources to apprehend fugitives and uphold global justice.

The arrest of individuals like William Pereira Rugato and Sean McGovern demonstrates Dubai’s commitment to international cooperation. However, the UAE’s legal framework and adherence to judicial oversight ensure that such actions are conducted in compliance with domestic laws and international obligations.

Practical Implications in Dubai and Beyond

In Dubai, as in other INTERPOL member states, Red Notices are treated with caution, especially when the underlying cause is unclear. Authorities may act conservatively to avoid wrongful detentions:

• Travel Bans:
  • If the cause of the Red Notice is unknown, authorities may impose a travel ban rather than detain the individual, ensuring they remain within the country until the matter is resolved.
• No Arrest Without Clarity:
  • Dubai Police typically refrain from making arrests based solely on an ambiguous Red Notice. A formal extradition request or credible evidence is required before detaining the individual.
• Role of Immigration Authorities:
  • Dubai’s immigration system is linked to INTERPOL databases, allowing authorities to identify flagged individuals upon entry or exit. While this does not result in automatic arrest, it triggers further scrutiny.

Legal Challenges in Denying Travel

Restricting movement without an arrest poses its own set of legal and diplomatic challenges:

1. Rights of the Individual:
   • A travel ban without sufficient grounds for arrest can be contested by the individual in UAE courts. They may argue that their freedom of movement is being unjustly curtailed.
2. Diplomatic Pressure:
   • Countries seeking extradition might perceive delays in arrests or travel bans as non-compliance with international obligations. This can lead to diplomatic friction, especially if the individual is accused of high-profile crimes.
3. Prolonged Uncertainty:
   • Travel bans often result in prolonged uncertainty for both the individual and the requesting country. Without a formal resolution, such cases can linger, straining international relations and the individual’s personal circumstances.

Balancing Sovereignty and International Collaboration

Dubai’s stance on requiring imminent extradition requests before making arrests reflects a careful balance between respecting national sovereignty and honoring international collaboration. This approach has several implications:

1. Sovereign Integrity:
   • By insisting on formal extradition requests, the UAE ensures that its law enforcement actions are consistent with its own legal framework rather than being dictated by external pressures.
2. Preventing Arbitrary Arrests:
   • The policy minimizes the risk of arbitrary or politically motivated arrests based on Red Notices, which have occasionally been criticized for misuse by certain countries.
3. Enhanced Global Cooperation:
   • Despite its cautious approach, Dubai remains a key player in global law enforcement. By working closely with INTERPOL and requiring due process, it upholds its reputation as a responsible partner in combating international crime.

Case Study: Travel Restrictions in Action

In some instances, Dubai has used travel restrictions effectively to handle high-profile cases. For example:

• Suspects Awaiting Extradition:
  • Individuals flagged by INTERPOL notices have been prevented from leaving Dubai while their legal status is reviewed. This approach ensures that the person remains accessible to law enforcement without violating their rights through premature detention.
• Diplomatic Interventions:
  • In cases where extradition requests are delayed, the UAE may engage in diplomatic dialogues to resolve legal ambiguities while maintaining movement restrictions on the individual.

As transnational crime continues to evolve, Dubai’s proactive approach and strategic collaboration with INTERPOL position it as a key player in global law enforcement efforts.Understanding the intricacies of INTERPOL processes, particularly when the cause of a Red Notice is unknown, is critical for individuals navigating such situations.

While INTERPOL’s reference numbers and background checks provide some clarity, the absence of case numbers or explicit details can complicate matters. In Dubai, authorities balance their international obligations with legal safeguards, ensuring that actions such as arrests or travel bans are carefully justified. For individuals caught in this web, engaging legal counsel and leveraging transparency mechanisms remain essential to resolving their status and protecting their rights.