Dismantling the
Tools ofreport
Oppression
INTERPOL
2018
b. the lack of a requirement for an arrest
warrant to be provided along with the
Red Notice or Diffusion request; and
c. the absence of continual review of the
‘effectiveness’ of INTERPOL alerts,
to determine whether an extradition
request has been made following
apprehension and, if so, whether it was
successful.
33. We recommended that INTERPOL should:
a. make public information about how it
approaches the task for reviewing
INTERPOL alerts;
b. conduct proactive background research
into the requesting country’s human
rights record and provide more
disclosure about the extent to which
it does this;
c. require NCBs to supply arrest warrants,
either at the point of requesting a notice
or promptly thereafter if the matter is
urgent; and
d. institute a practice whereby the General
Secretariat, when informed of an arrest,
systematically follows up with the NCB
of the arresting country either six or 12
months after the event and asks standard
questions as to whether an extradition
request was made and whether this was
accepted or refused, and on what grounds.
34. INTERPOL’s processes for reviewing alerts
were further compromised by the operation
of the i-link system. As explained above,
Red Notices are not formally issued until
the General Secretariat has checked them
to ensure that they comply with INTERPOL’s
rules. The i-link system, however, enabled
NCBs to put requests for Red Notices directly
onto INTERPOL’s databases, making them
immediately visible to all other NCBs.
Although INTERPOL had systems that
made it possible for NCBs to distinguish
between formal Red Notices and mere
requests that had not been reviewed, i-link
nevertheless allowed issuing NCBs to upload
information about wanted persons onto
INTERPOL’s systems without any scrutiny.
35. Fair Trials’ understanding was that requests
for Red Notices were reviewed relatively
quickly, usually within 24 hours, but even
within this short period of time, unchecked
information about wanted individuals
was accessible to NCBs across the world
through INTERPOL’s systems. We had
concerns that this information could be
copied by Member States prior to any
review, and subsequently kept in national
police databases even if the General
Secretariat later decided to reject the
request. Although INTERPOL could notify
NCBs that it had refused to publish a Red
Notice, it had no powers to compel the
Member States to delete or amend data
on their national databases. In effect,
the operation of the i-link system made it
possible for abusive requests for the arrests
of individuals to infiltrate national police
databases via INTERPOL’s systems.
36. We recommended to INTERPOL that there
should be changes to how i-link operates
so that requests for Red Notices are not
visible to other NCBs.
Effective avenue of redress
37. Fair Trials is not aware of any cases to date
in which individuals have successfully
challenged INTERPOL’s decisions in
national courts. This is because INTERPOL
does not have a physical presence in most
countries, and in countries where it does
have a presence, such as in France, the
United States, and Singapore, it is protected
from the jurisdiction of national courts by
formal immunity agreements and national
laws.21 INTERPOL’s Headquarters Agreement
with France, in particular, makes INTERPOL’s
For example, Agreement between the International Criminal Police Organisation – INTERPOL and the Government of the French Republic Regarding INTERPOL’s
Headquarters in France (24 April 2008), and International Organisations (Immunities and Privileges) (ICPO-INTERPOL) Order 2012 (Singapore) (20 August 2012)
21
19
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