Dismantling the
Tools ofreport
Oppression
INTERPOL
2018
E. Analysis of reforms to date
63. The drivers identified in Section D
above have led to significant reforms
being adopted in relation to each of
the main areas of concern identified
by Fair Trials.
Protection from abuse
64. We have limited information about the
process and the substance of the reviews
which INTERPOL conducts in relation to
requests for INTERPOL alerts. INTERPOL
does not publish guidance on how it
approaches the review process, so we
have little indication of the factors which
are taken into account, making it difficult
to determine whether, on the whole,
it is doing a good job. Despite this opacity,
we have been notified of reforms to the
process through which reviews are
conducted which indicate that efforts are
being made to improve the mechanism for
preventing ‘abusive’ INTERPOL alerts from
getting on to INTERPOL’s databases.
i)
Review prior to publication
65. As explained above, Fair Trials found that
INTERPOL’s ability to prevent abusive alerts
from being circulated was compromised by
the operation of the i-link system that made
requests for Red Notices visible to NCBs
before they were reviewed. This meant that,
in practice, police forces across the world
had access to information about wanted
persons through INTERPOL’s channels,
even before they had been checked for
compliance with INTERPOL’s rules.
66. INTERPOL confirmed to Fair Trials in March
2015 that requests for Red Notices are no
longer to be visible to NCBs until they have
been reviewed by INTERPOL, providing
the General Secretariat with the opportunity
to weed out cases of abuse before they are
circulated to police forces in all Member
States. From a procedural perspective this
is a significant improvement, given the ease
with which Member States could previously
circulate information about innocent people without scrutiny.
67. Problems remain, however, in relation to
Diffusions, which can be sent directly
between Member States. Diffusions are not
dissimilar to emails which are sent by one
NCB to all or some other NCBs without the
need for prior approval from the General
Secretariat. INTERPOL does review
Diffusions, but only after they have been
circulated in this way. If an NCB receives
a Diffusion, it may (but does not have to)
check the name against INTERPOL’s
databases, and if the Diffusion has still not
been approved by INTERPOL at this point,
this will be evident. If INTERPOL does
not approve the Diffusion, a message is
circulated to all NCBs advising them of this
decision and requesting that NCBs should
not use INTERPOL’s channels to act upon
that Diffusion. It remains possible,
however, for NCBs to act on the Diffusion
in a bilateral manner.
68. While Diffusions are not formal INTERPOL
notices per se, they can and often do
serve the same function as Red Notices,
by requesting the location and arrest of
wanted persons. Even if they are intended
to be less formal than Red Notices, it is up
to Member States to determine the extent
to which there is a difference in the
injunctive value between the two types
of alerts. This means that in practice,
Diffusions, much like Red Notices, often
trigger arrests and extradition proceedings.
69. Whereas INTERPOL has now put in place
procedures to check Red Notices before
their contents become visible to NCBs,
similar measures have not been adopted
to check the contents of Diffusions before
they are circulated. We have concerns
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