D. Drivers of reform
51. Since Fair Trials began its campaign to
highlight and prevent the misuse of
INTERPOL, we have witnessed INTERPOL
shifting firmly into ‘reform mode’. At the
84th INTERPOL General Assembly session
in Rwanda, Secretary General Jürgen
Stock urged members to ‘be ambitious’
and ‘work together to shape a powerful
reform agenda’.28
52. Under the leadership of Stock’s
predecessor, Ronald K. Noble, efficiency
had been INTERPOL’s priority, with the
number of INTERPOL alerts in circulation
and the speed with which they were
published as the main indicators of success.
It was clearly known to the organisation
that INTERPOL alerts were not always
justified, but it was apparent that
INTERPOL did not recognise its
responsibility to do more to prevent its
systems from being misused in ways that
violated its neutrality, or international
human rights standards.29
“If your view of the world is that
because of a handful of difficult
cases the entire system should be
shut down, then you are entitled to
that view…. My view is that the
world is so dangerous, and it’s so
easy for criminals to move from one
country to another country, that
having countries alerted as quickly
as possible that someone is wanted
for arrest is important. We’ve only
had a problem with 0.5 per cent of
cases. These are very small
complaints within a big picture.”30
Ronald K. Noble, Former Secretary
General of INTERPOL
a)
INTERPOL’s Immunity
54. The need to protect INTERPOL’s legal
immunity was undoubtedly a key driver
of reform. As stated above, INTERPOL is
immune from the jurisdiction of national
courts, primarily due to bilateral
agreements with certain states. It is now
increasingly well-established, however,
that international bodies which are not
subject to the jurisdiction of national or
regional authorities should provide their
own remedies, so as not to leave the
individual in a vacuum of legal protection.
This has led to acceptance that national courts can only decline to adjudicate
claims against international organisations
if the affected individual has access to a
remedy within the organisation. This
doctrine has been elaborated by the
European Court of Human Rights (the
‘ECtHR’), which has held that immunities
granted to international organisations
are permissible under the European
Convention on Human Rights (the ‘ECHR’)
only if the person concerned ‘[has]
available to them reasonable alternative
means to protect effectively their rights
under the Convention’.31
55. Analogous principles have been
developed by the Court of Justice of the
European Union (‘CJEU’) in its judgments
concerning EU measures implementing
United Nations Security Council (‘UNSC’)
Resolutions imposing sanctions against
individuals. In the case of Kadi,32 the
Jürgen Stock, INTERPOL Secretary General, Directional Statement at 84 th INTERPOL General Assembly Session, 2 November 2015
Ronald K. Noble, ‘INTERPOL makes the world a safer place; Far from showing the need for reform, the recent case of William Browder highlights how
INTERPOL protects individuals and its member states’
30
Jake Wallis Simons, ‘INTERPOL: who polices the world’s police?’, Daily Telegraph (8 May 2014) http://www.telegraph.co.uk/culture/books/10801997/
Interpol-who-polices-the-worlds-police.html
28
29
24
53. INTERPOL’s ethos appears to have shifted
somewhat under Stock’s leadership. The
organisation seems to have become more
conscious of the potentially devastating
impact of notices and diffusions and better
aware of the risks that it would itself face if
it fails to prevent the misuse of its systems.
We have identified four main drivers of the
reforms ushered in during Stock’s tenure as
the Secretary General.
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