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Abstract Several cases have been found that the People's Republic of China (P.R.C.) authority dominated to arrest Taiwan Nationals of criminal suspected by red notices issued through INTERPOL in recent years. Some States cooperated with China to arrest suspects enter into the extradition procedure then agree to extradite to China. The motivation of the research is to see what remedies are there to against these red notices.
Base on the above, by the literature review methodology and the “transnational legal process” as approach to comprehend the purpose of the research: Two phases of remedies to the person arrested by INTERPOL red notice would be classified as follow: Phase 1. From the red-noticed suspect was arrested by the State to the extradite decision made by the Court. Phase 2. After the exhaustion of local remedies to the final extradite decision, then file a personal complaint with the European Court of Human Rights or the United Nations Human Rights Treaty Bodies.
The benefits of the research are as follows: 1.Provide the remedies map for the person arrested by red notice, to protect oneself for knowing how to do. 2.The introduction of the red notice issued process and effectiveness, and the criticism of INTERPOL red notice. 3.Enhance the perspective, with the view of relevant international Treaties and Agreements signed separately by the P.R.C. and Republic of China (Taiwan), to analyze the international reality of combating transnational crimes, and put forward the directions and advice as a reference for similar cases in the future.
The second chapter describes the organizational structure and main functional operation mode of INTERPOL, which promotes the purpose of international police cooperation in combating transnational crime. INTERPOL and its member States are contact to each other by the confidential system called “I-24/7 INTERPOL's Global Police Communications System” to process personal data within official 18 databases. However, we should not ignore the human rights and procedural protections. The third chapter explains the procedures of issue and deletion, effectiveness, challenges, and contradictions and advice of the INTERPOL red notice, includes: 1. The requirements and procedure for National Central Bureaus (NCBs) apply red notices to INTERPOL General Secretariat (G.S). With which circumstances can the G.S. could suspend, revoke, or cancel red notices initiative or passively. The effectiveness of red notices within State level includes two major categories: (1) Validity not yet recognized: the United States, Singapore, and R.O.C. (Taiwan). (2) Validity recognized : Brunei, Indonesia, Malaysia, the Philippines, Vietnam, Namibia, Seychelles, Portugal, Switzerland, Hungary, the Czech Republic, and Peru. 2. There are four approaches to delete red notices, the most feasible is to file a Request to the Commission for the Control of Files of INTERPOL, the procedures, requirements, and decisions are explained in this chapter. 3. Contradictions and advice on the red notice includes: its ambiguous nature, articles on arrest suggestion should be deleted as the violation INTERPOL alleged-notification. Besides, deliberately ignore the competition of jurisdiction and coordination mechanism, and the non-disclosure feature also incurs misuse concerns.
The fourth chapter explains the remedies for the person who is still dissatisfied with the unfavorable extradite decision after exhausting the local remedies. The person may choose to file a personal complaint to the European Court of Human Rights or the United Nations Human Rights Treaty Bodies. The two approaches are not allowed to file complaints both at the same time or successively, for avoiding contradictory and inconsistent decisions and lawsuits abuse. Further, the difference in the enforcement of these two decisions should be taken into account. The fifth chapter explains the international reality and recommendations for combating transnational crimes, and provides a brief analysis on the case of 221 Taiwan Nationals in Spain involving transnational telecommunications fraud extradited to P.R.C., includes: 1.Recommendations for combating transnational crime (1)Correctly evaluate the leverage, pragmatic, and difficulty of international treaties and agreements. By Observing the Treaties and Agreements related to combat transnational crimes has signed by P.R.C. with relevant countries, the P.R.C.'s strategy is to manipulate multilateral Conventions and bilateral Treaties and Agreements parallelly. Regards the status of special provisions of international law, the bilateral Treaties and Agreements will prior apply to multilateral Conventions. Thus, the Counter Party is difficult to refuse the bilateral Treaty obligation requested by P.R.C.. From this point of view, Taiwan may seek to consider the pragmatic direction that does not require the signing of Treaties and Agreements. (2)The protection of due process of law, and take the initial position of information advantage. (A) The protection of due process of law should be particularly emphasized its importance and necessity to laverage the P.R.C. arrest Taiwan Nationals by cooperating with States. (B) Establishing formal and informal Police-to-Police channels with police officials of Countries and construct the suspects’ databases in the advantage of Taiwan’s big data technology. These channels are only for specific purposes use to guarantee a long-term and no-accident trust relationship; it is advisable for Taiwan Police to get involved in the actual case as soon as possible to obtain or exchange information with the related Countries, and play a contributing role of partnership. (C) The principle is to establish trustable P. to P. channels, repatriation as an alternative to extradition is supplementary. 2.Comments on the Spanish transnational telecommunications fraud case. Spain deliberately concerned situations to take three rational choices as follows: (1) The first rational choice of the bilateral extradition treaty obligation to CCP and Spain. (2) The second rational choice on the purpose of avoiding political connection between independence català and cross-strait relations, Spain eager to close both cases as soon as possible. (3) The third rational choice of the bilateral extradition treaty prior apply to the ECHR under both treaties obligation contradiction occurred.
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