What’s the difference between a red corner notice & a look out notice?
Red Corner Notice: Meaning
- A Red Corner Notice (RCN) is issued by Interpol, the International Criminal Police Organization, to seek the location and arrest of wanted persons with a view to extradition or similar lawful action.
- It is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.
- RCNs are issued based on a valid national arrest warrant or court decision.
- Interpol’s General Secretariat in Lyon, France, manages the issuance and circulation of Red Corner Notices at the request of a member country.
- RCNs contain information on the identity, physical description, photograph (if available), and biographical details of the wanted person. Example:
A well-known case where Red Corner Notices were issued is that of Raman Raghav, a notorious Indian serial killer from the 1960s. Although he died in 1995, his case remains an example of the use of Interpol’s mechanisms for international criminal cooperation.
Look Out Notice: Meaning
- A Look Out Circular (LOC) or Look Out Notice (LON) is issued by authorities within a country, typically by immigration or police authorities, to prevent a person from leaving the country or to trace a missing person.
- It is used to Notices the entry or exit of persons who may be required by law enforcement agencies for various reasons, such as investigation, inquiry, or legal proceedings.
- LONs are not international in nature and are primarily used within the boundaries of a particular country.
- LONs are often issued when a person is suspected of being involved in criminal activities, is wanted for questioning, or needs to be prevented from leaving the country until legal matters are resolved. Example:
In India, Look Out Circulars gained significant attention during the investigation into the financial irregularities surrounding businessman Vijay Mallya. Several lookout circulars were issued against him to prevent him from leaving the country during the legal proceedings.
Scope and Purpose:
- Red Corner Notice (RCN): RCNs are issued by Interpol and have an international scope. They are primarily used to locate and provisionally arrest individuals wanted for prosecution or to serve a sentence based on a valid national arrest warrant or court decision. RCNs facilitate cooperation between law enforcement agencies across different countries to locate and apprehend fugitives.
- Look Out Notice (LON): LONs are issued by national authorities within a country and have a domestic scope. They are used to monitor the entry or exit of individuals within the country’s borders who may be involved in criminal activities, are wanted for questioning, or need to be prevented from leaving the country until legal matters are resolved. LONs are often used as a preventive measure by immigration or police authorities.
Authority issuing them:
Red Corner Notice (RCN):
- Issuing Authority: Interpol, the International Criminal Police Organization, is the sole authority that can issue Red Corner Notices.
- Eligible Individuals: RCNs are typically issued for individuals who are wanted internationally. This includes individuals who are subject to a valid national arrest warrant or court decision issued by a member country. These individuals are usually wanted for serious crimes and are considered fugitives from justice.
- Scope: RCNs have a global reach and are circulated to all member countries of Interpol, facilitating international cooperation in locating and apprehending wanted individuals.
Look Out Notice (LON):
- Issuing Authority: Look Out Notices are issued by national authorities within a country. The specific authority may vary but commonly includes agencies such as immigration authorities, police departments, or investigative agencies.
- Eligible Individuals: LONs are typically issued for individuals who are wanted domestically within the issuing country. This may include individuals suspected of being involved in criminal activities, individuals wanted for questioning in ongoing investigations, or individuals who need to be prevented from leaving the country until legal matters are resolved.
- Scope: LONs have a domestic scope and are primarily used within the boundaries of the issuing country. They are circulated to various entry and exit points within the country to monitor the movements of the individuals listed in the notice.
A “Red Corner Notice” and a “Look Out Notice” are both issued by law enforcement agencies, but they serve different purposes and have different implications.
Case Laws:
- Red Corner Notice: While there may not be specific case laws related to Red Corner Notices, their issuance and utilization often become part of extradition cases. One such example is the case of Kim Dotcom, the founder of Megaupload, where extradition proceedings between New Zealand and the United States involved discussions regarding the validity and implications of Interpol Red Notices.
- Look Out Notice: There are various cases where the issuance of Look Out Notices has played a significant role, especially in high-profile investigations. For instance, the case of Nirav Modi, an Indian businessman involved in a major banking scandal, saw the issuance of Look Out Circulars to prevent him from leaving India. These circulars became crucial in tracking his movements and eventually led to his arrest in another country.
While there might not be specific case laws directly related to Red Corner Notices (RCNs) or Look Out Notices (LONs) themselves, these notices often play a crucial role in legal proceedings and investigations. Here are some examples of cases where RCNs or LONs have been significant:
Red Corner Notice (RCN) Case Examples:
- Kim Dotcom:
- Kim Dotcom, the founder of the file-sharing website Megaupload, was involved in a high-profile extradition case between New Zealand and the United States. RCNs were not directly involved, but the case highlighted international cooperation and extradition processes. Dotcom’s legal team argued against extradition, challenging the validity of evidence and the extradition request itself.
2. Nirav Modi:
- Indian businessman Nirav Modi was involved in a major banking scandal related to fraudulent transactions worth billions of dollars. His case involved international dimensions, and Interpol issued RCNs against him to aid in his apprehension. Modi was eventually located and arrested in another country, highlighting the role of RCNs in cross-border law enforcement cooperation.
Look Out Notice (LON) Case Examples:
- Vijay Mallya:
- Vijay Mallya, an Indian businessman and former chairman of Kingfisher Airlines, faced legal proceedings in India related to financial irregularities and loan defaults. During the investigation, Look Out Notices were issued against him to prevent him from leaving the country. Mallya eventually fled to the United Kingdom, leading to a prolonged extradition process.
2. Hadiya Case:
- In India, the Hadiya case involved a woman who converted to Islam and married a Muslim man. Her parents alleged that she was forcibly converted and married, leading to a legal battle. Look Out Notices were issued to track her movements as the case unfolded. The issuance and enforcement of these notices raised questions about individual rights, freedom of choice, and the role of the state in personal matters.
While these cases may not directly involve legal disputes over the issuance or enforcement of RCNs or LONs, they illustrate how these notices are used in the context of larger legal proceedings and investigations. They highlight the complexities of international cooperation in law enforcement, extradition processes, and the protection of individual rights.
Both Red Corner Notices and Look Out Notices serve important functions in law enforcement, but they operate at different levels—international and domestic, respectively—and are governed by different legal frameworks.
Persons Who Can Avail of These Facilities:
Red Corner Notice (RCN):
- Individuals Subject to Prosecution or Extradition: RCNs are issued for individuals who are wanted for prosecution or to serve a sentence based on a valid national arrest warrant or court decision. These individuals may have committed serious crimes and are fugitives from justice.
- Global Reach: Since RCNs are international in nature, they can be availed by individuals wanted by law enforcement agencies in any member country of Interpol.
Look Out Notice (LON):
- Individuals Involved in Criminal Activities: Look Out Notices are often issued for individuals suspected of being involved in criminal activities, including but not limited to fraud, corruption, terrorism, or other offenses.
- Domestic Scope: LONs are primarily used within the boundaries of a particular country, so they apply to individuals who are within the jurisdiction of that country and may need to be monitored or prevented from leaving until legal matters are resolved.
Comparison
Certainly, here’s a comparison of Red Corner Notice (RCN) and Look Out Notice (LON) in a table format:
| Feature | Red Corner Notice (RCN) | Look Out Notice (LON) |
|---|---|---|
| Issuing Authority | Interpol | National authorities within a country |
| Purpose | To locate and provisionally arrest individuals wanted | To monitor the entry or exit of individuals within a |
| internationally for prosecution or extradition based on | country that may be involved in criminal activities, are | |
| a valid national arrest warrant or court decision | wanted for questioning, or need to be prevented from | |
| leaving until legal matters are resolved | ||
| Scope | International | Domestic |
| Eligible Individuals | Individuals wanted internationally, typically for serious | Individuals wanted domestically within the issuing |
| crimes | country | |
| Information Included | Identity, physical description, photograph (if available), | Identity, photograph, personal details, and reasons for |
| biographical details | issuing the notice | |
| Authority to Arrest | Law enforcement agencies worldwide | National authorities within the issuing country |
| Cooperation | Facilitates cooperation between law enforcement agencies | Used to monitor or restrict the movements of individuals |
| across different countries | within the issuing country |
Difference
Certainly! Here’s a comparison of Red Corner Notice (RCN) and Look Out Notice (LON) in a table format highlighting their differences:
| Aspect | Red Corner Notice (RCN) | Look Out Notice (LON) |
|---|---|---|
| Issuing Authority | Interpol | National law enforcement agencies within a country |
| Purpose | To locate and provisionally arrest individuals wanted | To monitor the movements of individuals within the country |
| internationally for prosecution or extradition based on | who may be involved in criminal activities, wanted for | |
| a valid national arrest warrant or court decision | questioning, or require legal attention | |
| Jurisdiction | International | National |
| Applicable Individuals | Individuals wanted internationally | Individuals wanted domestically within the country |
| Information Included | Identity, physical description, photograph (if available) | Identity, photograph, personal details, and reason for |
| Biographical details | issuing the notice | |
| Authority to Arrest | Authorized in all member countries of Interpol | Limited to the country where the notice is issued |
| Cooperation | Facilitates international cooperation between law | Used for domestic law enforcement purposes within a |
| enforcement agencies | country |
This table clearly outlines the differences between RCNs and LONs in terms of issuing authority, purpose, jurisdiction, applicable individuals, information included, authority to arrest, and cooperation.
Conclusion
In summary, while both RCNs and LONs serve to track and apprehend individuals, RCNs have an international scope and are issued by Interpol, while LONs are domestic in nature and issued by national authorities within a country. The persons who can avail of these facilities differ accordingly based on the authority and scope of the notices. These differences illustrate how RCNs and LONs serve distinct purposes within the realm of law enforcement, with RCNs focusing on international fugitive apprehension and LONs focusing on domestic monitoring and control.