118. Despite these examples of cases in which
the Refugee Policy has been implemented
to promising effect, the policy does present
a number of challenges, both in terms of its
implementation, and its scope.
119. The Refugee Policy is phrased as though it
is intended to prevent the dissemination
of INTERPOL alerts against refugees –
“the processing of Red Notices and
Diffusions against refugees will not be
allowed if the following conditions are
met…” - but in practice, this policy is most
likely to be applied retrospectively as a
ground for deletion of an INTERPOL alert.
This is because INTERPOL is unlikely to
have access to information on which
people have been granted refugee status,
and because of the lack of information
available to individuals who benefit from
this policy. This implies that in reality, many
individuals with refugee status will have to
suffer the impact of an INTERPOL alert
– potentially facing arrest and extradition
proceedings – before they have sufficient
information and knowledge to challenge
the existence of the alert in line with the
Refugee Policy.
120. INTERPOL encourages Member States to
share information about the grant of
refugee status proactively, so that it can
implement this policy effectively by
identifying those who benefit from this
policy. However, information regarding the
grant of refugee status is rightly treated
by many Member States as sensitive and
confidential, and NCBs may rightly be
reluctant to share this information INTERPOL,
especially without the consent of the
individual concerned.
121. The sensitivity of sharing this information
systemically with INTERPOL is exacerbated
by the fact that the General Secretariat
includes staff seconded from Member
States. We have been assured that
56
information about the grant of refugee
status is handled confidentially, so that
sensitive information does not end up in
the wrong hands. However, many refugees
may nevertheless have very understandable
reservations about having information
about them shared with a policing
organisation whose role it is to share
information between police forces, including
those of the country they have fled.
122. We believe that even despite these
challenges, INTERPOL and the CCF should
take proactive steps to identify individuals
who are already on INTERPOL’s databases
that fall within the Refugee Policy. We
recognise that given the constraints on
INTERPOL’s resources, as well as challenges
regarding confidentiality, this is no easy
task. However, this is necessary because
of the difficulties that individuals face in
requesting INTERPOL to apply the
Refugee Policy in their cases.
123. The Refugee Policy, which is included as
an annex to this report, can be found in
full on Fair Trials’ website, but it remains
nowhere to be found in any of INTERPOL’s
official publications or on its website. Fair
Trials and various legal practitioners have
tried to raise awareness of this policy, but
it is unsatisfactory that individuals are only
able to find confirmation that such a policy
exists through secondary sources. The lack
of adequate information about this policy
prevents the vast majority of refugees subject
to INTERPOL alerts from making use of this
crucial policy that could significantly bolster
their protection from persecution.
124. Despite the challenges in accessing
information about the Refugee Policy,
we are aware that some individuals with
refugee status have been in touch with the
General Secretariat or the CCF to notify
the organisation of their status with the
intention of preventing the dissemination
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