Dismantling the
Tools ofreport
Oppression
INTERPOL
2018
CJEU found that the redress mechanism
provided at the UN level by way of a
de-listing procedure ‘[did] not offer the
guarantees of judicial protection’,
especially because there was no
requirement ‘to communicate to the
applicant the reasons and evidence
justifying his appearance in the list’, and
‘no obligation to give reasons’ for adverse
decisions.33 The CJEU viewed disclosure,
impartiality, and binding, reasoned
decisions as essential elements of the right
to a remedy, the absence of which justified
the review of the implementing measures
at the municipal level.
56. These developments highlight the need
for the CCF, as INTERPOL’s redress
mechanism, to provide effective remedies,
if INTERPOL wishes to safeguard its
immunity. The concerns we raised about
the CCF’s ineffectiveness, and the risk
that this could result in INTERPOL being
brought before national courts to face
costly litigation, clearly resonated.
Secretary General Stock emphasised to
the General Assembly in 2015 the need to
build a “more robust system” in order to
protect INTERPOL from litigation. A review
of the CCF’s procedures was the response
and the results are discussed in more detail
in Section E below.
b) Financial Considerations
57. In addition to the threat of costly litigation,
INTERPOL also faced the risk of Member
States withdrawing financial support if it was
unable effectively to address the criticisms
of its systems. Concerns raised in 2013
by the US Congressional Appropriations
Committee, which stated that it “remains
concerned that foreign governments may
fabricate criminal charges against
opposition activists and, by abusing the
use of INTERPOL red notices, seek their
arrest in countries that have provided them
asylum”,35 were a clear warning signal of
the potential financial implications of its
failure to strengthen its ability to prevent
non-compliant INTERPOL alerts from
being circulated.
c) INTERPOL’s credibility
58. If its immunity is vital to INTERPOL’s
financial survival, its credibility is vital to
the effectiveness of its alert systems. For
INTERPOL alerts to work as they should,
it is imperative that INTERPOL’s members
trust that the alerts are a valid basis upon
which to take action to limit the rights of an
individual within their jurisdiction. Fair Trials
was not alone in shining a light on all the
reasons why Member States should
perhaps think twice about putting their
faith in INTERPOL.
‘… the Working Group on the
Processing of Information, or GTI,
will help build a more robust system
that will ensure compliance with
international standards and
consequently provide increased
protection to the Organisation
from litigation.’34
Jürgen Stock, Secretary General
of INTERPOL
Waite and Kennedy v. Germany (n 22)
Kadi (n 22)
33
Paragraphs 322-325.
34
Stock (n 28)
35
US Congressional Appropriations Committee, Committee Reports, 113 th Congress (2013-14), H Rept No 113-171
31
32
25
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