Police, judges and prosecutors across the globe should work together to fight serious crime. Mechanisms designed to achieve this, however, must be protected from abuse to ensure that their credibility is not undermined and to prevent unjustified violations of individuals’ rights. This Report is designed to assist INTERPOL, the world’s largest police cooperation body, in meeting this challenge.
‘Red Notices’, international wanted person alerts published by INTERPOL at national authorities’ request, come with considerable human impact: arrest, detention, frozen freedom of movement, employment problems, and reputational and financial harm. These interferences with basic rights can, of course, be justified when INTERPOL acts to combat international crime. However, our casework suggests that countries are, in fact, using INTERPOL’s systems against exiled political opponents, usually refugees, and based on corrupt criminal proceedings, pointing to a structural problem. We have identified two key areas for reform.
First, INTERPOL’s protections against abuse are ineffective. It assumes that Red Notices are requested in good faith and appears not to review these requests rigorously enough. Its interpretation of its cardinal rule on the exclusion of political matters is unclear, but appears to be out of step with international asylum and extradition law. General Secretariat review also happens only after national authorities have disseminated Red Notices in temporary form across the globe using INTERPOL’s ‘i-link’ system, creating a permanent risk to individuals even if the General Secretariat refuses the Red Notice. Some published Red Notices also stay in place despite extradition and asylum decisions recognising the political nature of the case. This report therefore recommends that:
Secondly, those affected by Red Notices currently lack an opportunity to challenge the dissemination of their information through INTERPOL’s databases in a fair, transparent process. INTERPOL, which has apparently not, to date, been subjected to the jurisdiction of any court, must provide alternative avenues of redress and effective remedies for those it affects. However, the Commission for the Control of INTERPOL’s Files (CCF), its existing supervisory authority, is a 5 data protection body unsuited to this responsibility and lacks essential procedural guarantees. INTERPOL’s judicial immunity is thus currently unjustified. This Report therefore recommends:
If INTERPOL implements these reforms, police will spend less time arresting refugees and political exiles, at great human cost to those involved, and more time arresting criminals facing legitimate prosecutions. This will enhance confidence in the Red Notice system and, thereby, INTERPOL’s credibility with national authorities.
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