36/1/4/1/201300157
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO 1447
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 7 JUNE 2013
(INTERNAL QUESTION PAPER NO 20-2013)
Date reply submitted: 25 June 2013
1447. Mr D J Stubbe (DA) to ask the Minister of Police:
(1) Was he informed of the presence of a certain person (Bashir Saleh) in the country at any point since 20 October 2011; if so, (a) on what occasions and (b) why was the specified person not arrested; if not, why was his presence not detected by crime intelligence;
(2) (a) has he been informed that the specified person's name is on Interpol's Most Wanted list and (b) what steps does the SA Police Service take against persons in the country whose names appear on this list?
NW1791E
REPLY:
(1) Yes.
(a) During February 2013.
(b) The INTERPOL Red Notice is not an international arrest warrant which allows for immediate arrest. Once a fugitive is detected, a provisional arrest warrant should be requested and provided through INTERPOL channels, followed by original documentation between the competent authorities through diplomatic channels.
Requests for clarity on whether this specific person is still wanted and to provide the required documentation were sent through the INTERPOL communication channel to Libya. These requests are still to be answered. There is no Extradition Treaty in place between Libya and South Africa.
(2) (a) No, INTERPOL does not have a so-called Most Wanted list.
(b) Once the presence of persons, whose name is circulated on the INTERPOL Red Notice database, is detected in the country, the relevant INTERPOL National Central Bureau is informed that the fugitive may have been found. The validity of case against the fugitive is also questioned.
In the event of the case still being valid, a provisional arrest warrant through INTERPOL channels is requested in order for the South African Police Service to arrest the fugitive and bring him/her before court for an enquiry in terms of the Extradition Act, 1962 ( Act No 67 of 1962).
Reply to question 1447 approved by the Minister
Issued by Parliament, June 25 2013
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