Dismantling the
Tools ofreport
Oppression
INTERPOL
2018
70. Even though Nikita’s Diffusion has been
deleted, questions remain as to whether
INTERPOL will be able to prevent Russia
from sending out the same request for
his arrest in the future. In the case of Bill
Browder, a British financier turned activist,
INTERPOL issued a statement in 2013
confirming that Russia’s attempt to request
his arrest through INTERPOL had been
refused because of the ‘predominantly
political nature’ of that request.52 According
to reports, this did not prevent Russia
from making at least six attempts to seek
Browder’s extradition through INTERPOL,
as a result of which he has been detained,53
and had his US visa revoked.54 Although
INTERPOL have confirmed that Browder
has never been subject to a Red Notice,
the absence of the Red Notice does not
appear to have prevented Russia from
sharing information with other countries
about him. The suggestion has been made
that this was made possible through the
use of Diffusions.55
71. As explained, Diffusions are subject to
checks, but by the time that these checks
take place, the information about the
wanted person would have already been
shared with police forces across the world.
The problems regarding Diffusions are thus
similar to those of requests for Red Notices
before the recent changes to the i-link
system were adopted. If information
regarding a wanted person is made
accessible to police forces of Member
States, this information can be copied or
downloaded, and subsequently stored
on national police databases, even if
INTERPOL advises NCBs not to rely on the
information. Currently, INTERPOL does not
have effective mechanisms for preventing
abusive requests for arrests from entering
national databases through its systems
by way of Diffusions, and it also has no
effective means of deleting or recalling such
data from national databases if it has been
found to violate INTERPOL’s rules.
72. It is our view that if INTERPOL is unable
to ensure that all NCBs will delete a
Diffusion from national databases following
confirmation from INTERPOL that it is
non-compliant, then it must prevent
circulation from taking place before a
quality control review has been carried out
(as it has done with Red Notices).
Recommendations for INTERPOL:
Review prior to publication
INTERPOL should develop more robust
mechanisms for ensuring that NCBs
comply with instructions to delete a
Diffusion from national databases
following a General Secretariat decision
that it is non-compliant.
If INTERPOL is not able to ensure
that all NCBs will delete a Diffusion
from national databases following
confirmation from INTERPOL that it is
non-compliant, then INTERPOL must
prevent circulation of Diffusions from
taking place before a quality control
review has been carried out.
ii)
Improved quality control
73. Welcome as it is, the introduction of prior
review of all Red Notices remains
meaningless if the prior review itself is
ineffective. In order to improve quality
control at this stage, INTERPOL set up a
special task force, known as the ‘Notices
and Diffusions Task Force’ (‘NDTF’) in 2016,
whose role is to check INTERPOL notices
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’, The Telegraph, 28 May 2013
53
Ellen Barry and Raphael Minder, ‘Bill Browder, a Putin Critic, Live-Tweets his Arrest in Spain’, The New York Times, 30 May 2018
54
Andrew E Kramer, ‘US Clears Bill Browder to Enter, Rebuking Russia’, The New York Times, 23 October 2017
55
Barry and Minder (n 5
52
33
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