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INTERPOL Granted Diplomatic Immunity In the US

ShakaUVM writes "A couple of weeks ago without any fanfare or notice in the media, President Obama granted INTERPOL full diplomatic immunity while conducting investigations on American soil. While INTERPOL has been allowed to operate in the US in the past, under an executive order by President Reagan, they've had to follow the same rules as the FBI, CIA, etc., while on American soil. This means, among other things, the new executive order makes INTERPOL immune to Freedom of Information Act requests and that INTERPOL agents cannot be punished for most any crimes they may commit. Hopefully the worst we'll see from this is INTERPOL agents ignoring their speeding tickets." Update: 01/05 02:57 GMT by KD : Reader davecb pointed out an ABC News blog that comes to pretty much the opposite conclusion as to the import of the executive order.

14 of 450 comments (clear)

  1. but... by bsDaemon · · Score: 5, Funny

    But the question on everyone's mind is, can RadioHead expect the same deal?

  2. Headline is wrong by Geoffrey.landis · · Score: 5, Informative

    the headline says:

    INTERPOL Granted Diplomatic Immunity In the US

    The actual article says: "these privileges are not the same as the rights afforded under "diplomatic immunity," they are considerably less. "Diplomatic immunity" comes from the Vienna Convention on Diplomatic Relations, which states that a "diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State." That is NOT what the International Organizations Immunities Act is.

    The headline seems to be wrong.

    --
    http://www.geoffreylandis.com
  3. Don't be silly. by Anonymous Coward · · Score: 5, Informative

    Come on, you're telling me that INTERPOL now has the same protection as the "International Pacific Halibut Commission and Inter-American Tropical Tuna Commission".

    Yeapsireee, gotta watch out for those rouge Halbut operatives. Goodness me.

    More seriously, remember INTERPOL actually has very little power - they're a coordination agency. They have no powers of arrest. They don't even DO investigations. What they DO is if a cop in Australia is tracking down a criminal who's fled to Los Angeles and therefore needs the LAPD assistance, INTERPOL is the agency that makes that inter-police-force connection happen. There are no "INTERPOL" officers in L.A. that do the arrest - that's for the LAPD (or FBI).

  4. Interpol agents?? What Interpol agents?? by Bazzargh · · Score: 5, Insightful

    There's no such thing as an interpol agent. They delegate to national agencies (ie the DoJ) who do /not/ get immunity. What they do have is a bunch of committees and advisors, and a (shared) database of people 'of interest'.

    Somebody's been watching the man from UNCLE a few too many times

  5. Re:I wouuld say Unconstitutional by saihung · · Score: 5, Insightful

    And this is why you should not pretend to be a lawyer. Ready?

    Interpol has no police force. It conducts no investigations. It doesn't arrest anyone. As an international organization it was not subject to FOIA requests anyway, because it's not a department of the federal government.

    As a previous poster noted, this is NOT DIPLOMATIC IMMUNITY. This is immunity from attachment of any property that Interpol may have in the USA. Any employees of Interpol, if any, stationed in the USA can and would still be arrested for crimes they commit. In summary, both the original submitter and basically every comment I've seen so far are not just wrong, they are comically wrong.

  6. Re:About time to arm ourselves by zn0k · · Score: 5, Informative

    These are the additional privileges granted to Interpol:

      Section 2(c), which provided officials immunity from their property and assets being searched and confiscated; including their archives;
      the portions of Section 2(d) and Section 3 relating to customs duties and federal internal-revenue importation taxes;
      Section 4, dealing with federal taxes;
      Section 5, dealing with Social Security; and
      Section 6, dealing with property taxes.

    That's it. How exactly does that make you less sovereign?

  7. Re:About time to arm ourselves by thomasinx · · Score: 5, Informative

    This summary is flat out WRONG. It's phrased to start a flamewar. Click the news link, and see what it says. He did not grant full diplomatic immunity to INTERPOL. I quote from the article: "Basically, recognizing a group under the International Organizations Immunities Act means officials from those organizations are exempt from some taxes and customs fees, and that their records cannot be seized." FOIA might be affected, but they are not immune to crimes.

  8. Re:About time to arm ourselves by alexhard · · Score: 5, Funny

    There you go again, ruining a perfectly good flamewar with your fancy schmancy facts and logic and whatnot. We don't take kindly to your kind around here..

    --
    Infinite time means everything that can happen, will. You being you is absolutely incidental. You do not exist.
  9. Re:About time to arm ourselves by bhartman34 · · Score: 5, Informative
    Reading the article, I would've agreed with you, but if you read the act, you'll see that immunity is what it grants.

    (b) International organizations, their property and their assets, wherever located and by whomsoever held, shall enjoy the same immunity from suit and every form of Judicial process as is enjoyed by foreign governments, except to the extent that such organizations may expressly waive their immunity for the purpose of any proceedings or by the terms of any contract.

    That sure sounds pretty cut and dried to me.

  10. Snopes says this is an exageration as does NYTimes by DJRumpy · · Score: 5, Informative

    It doesn't give them universal immunity to do as they will within our borders. Interpol has no police force. It's just an administrative organization that basically acts as a go-between between countries.

    http://www.snopes.com/politics/crime/interpol.asp

  11. "Technically"? by Pinky's+Brain · · Score: 5, Insightful

    Technically they were already immune? That's a rather important technicality ... because you explicitly blamed Obama for giving them immunity from prosecution. In actuality 12425 is the executive order which gave them that ... the one with Ronald Reagan's signature below it.

  12. No, it's not full diplomatic immunity by Chris+Burke · · Score: 5, Insightful

    Because the Slashdot editors mangled my entry. There was no link to the ABC News article in what I submitted, but I did have a link to the story on unpaid UN parking tickets.

    Ah, so a slashdot editor actually managed to improve a submission by linking to accurate information? I'm honestly shocked.

    What really irks me is that this actually is a granting of full diplomatic immunity. If you go through the list of all the possible options for diplomatic immunity (it comes in different kinds), INTERPOL now has them all. So, yeah, I called it full diplomatic immunity.

    No, it isn't, as your own links state.

    Either you don't understand the difference between "immune to prosecution" and "immune to prosecution for official acts", or you don't understand what INTERPOL's official business is in the U.S. Or you somehow think "immunity for some actions" is the same as "full" immunity.

    FULL diplomatic immunity means free from prosecution for any and all acts.

    Let me spell it out for you.

    If I was the French Ambassador to the U.S., and I was caught in L.A. snorting cocaine from from the ass crack of a dead 12 year old boy who I'd just raped and killed (not necessarily in that order), then the worst that the U.S. or local governments could do to to me would be to kick me out of the country -- unless of course France revoked my immunity, which you can certainly imagine happening in this case, but you get my point.

    Now if I were an employee of INTERPOL, I would be prosecutable under U.S. and local law. As in NOT full immunity.

    Unless you can explain how rape, murder, and drug use are official actions,

    And you know what INTERPOL's official business is in the U.S.? Handing information provided by other nations' police forces over to U.S. police forces. That's it. That doesn't cover a very wide variety of actions, thus doesn't provide immunity for a very wide variety of actions, and thus only someone either completely foolish or deliberately stirring shit would call that "full immunity".

    If you weren't wrong, I'd agree with you.

    If you were any judge of right and wrong, you wouldn't have written such a shitty summary to begin with.

    --

    The enemies of Democracy are
  13. Re:How's this different from embassies? by jjohnson · · Score: 5, Informative

    Your absolutely and utterly incorrect, thanks for playing though

    No, I was correct, and you're the moron.

    They are in fact the EU equivalent of the FBI

    No, they're not. You may have been thinking of Europol, or you may be lost in your own delusional fantasy. Either way, you're wrong. Interpol has a staff of around 600 people, and a budget of $60 million; the FBI has 32,700+ employees, and a $7 billion budget.

    Which is why.. every member country has a national central office/bureau staffed with national law enforcement/police..

    This is, in fact, correct. They are national law enforcement police who are subject to national laws. An FBI agent on loan to Interpol's office in New York receives no immunities or privileges he didn't have as an FBI agent. Obama's order is regarding the organization itself, the Interpol General Secretariat.

    From the Wikipedia page on Interpol:

    The NCB is the designated contact point for the Interpol General Secretariat, regional bureau and other member countries requiring assistance with overseas investigations and the location and apprehension of fugitives.

    Read that closely: When two police agencies need to co-operate across borders, they go through Interpol. Interpol doesn't investigate and arrest them; national law enforcement does, with Interpol acting as the co-ordinating agency. They don't originate investigations, and they don't make arrests on their own authority--that's the whole point of each country setting up an NCB staffed by locals with the authority to be police officers.

    And to be perfectly clear, a national law enforcement officer in the NCB receives no benefit from the order Obama signed, which doesn't confer diplomatic immunity anyway--it's a lesser form of organizational immunity granted to international organizations that applies to Interpol's records and bureaucratic operations, not to their personnel.

    Got that? Interpol doesn't have diplomatic immunity, they have International Organizations Immunity:

    The International Organizations Immunities Act, signed into law in 1945, established a special group of foreign or international organizations whose members could work in the U.S. and enjoy certain exemptions from US taxes and search and seizure laws.

    In other words, if someone from the general secretariat works in the NY office, they don't have to pay NY taxes and their paperwork can't be searched. If they jerk off on the subway, they can still be arrested for indecent exposure.

    Thanks for playing, though.

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  14. Re:Snopes says this is an exageration as does NYTi by DJRumpy · · Score: 5, Informative

    If you read the supplied Snopes link, it will tell you that the local governments have the right to decide upon the legality of warrants passed on by Interpol, meaning they are allowed only as much latitude as the states deign to grant. The local governments decide on the legality, the local governments send law enforcement if needed, etc. Interpol does not of those things. Interpol doesn't even issue warrants, it requires one of the member countries to do so. They simply pass them on to the necessary recipient.

    Interpol does NOT have a police force, it does not conduct criminal investigations, and it does not make arrests. It acts as a data manager of sorts, for any member nations, coordinating information, passing warrants as needed from one member country to another, etc. They are basically an administration/secretarial service on an international scale. Whatever odd idea of Interpol people may have gotten from the Bond flicks or whatnot, are not quite accurate:

    http://en.wikipedia.org/wiki/Interpol

    For those that don't want to read through all of the Snopes/NYTimes information:

    These are the same standard rights that are granted to some 70+ other international organizations. These additional rights were not granted to Interpol because it did not have a local office on US soil at the time. This was submitted prior to Bush leaving office and the State Department suggested approving it so that Interpol had the same legal status as other international organizations. It was not completed before Bush left office however. This is a bit of house cleaning to complete the request.