129. In light of the limitations on the nature of
the review which INTERPOL conducts prior
to publication of INTERPOL alerts, and the
concerns that have been raised previously
by national courts, governments and
international organisations regarding their
evidential weight (see paragraphs 58 to
59 above), it is worrying that the existence
of an INTERPOL alert is being used to
justify the refusal of refugee status. Unless
INTERPOL can demonstrate that it is able
to prevent the dissemination of abusive
alerts effectively, Member States should
not rely heavily on INTERPOL alerts for the
purpose of refugee status determination.
In some instances, the criminal prosecution
that forms the basis of the alert will be the
evidence of persecution.
Extradition Refusals
130. Our recommendation to INTERPOL that
it should adopt a clear rule regarding the
deletion of an INTERPOL alert when an
extradition request has been refused
on human rights or political motivation
grounds has yet to be addressed.
The standard practice in INTERPOL
vis-à-vis extradition decisions has been,
and continues to be, that information
about these decisions is recorded as an
addendum to an INTERPOL alert,130 so
that they can be taken into consideration
by Member States when deciding how to
respond to the alert.
131. As discussed previously, the CCF has
started to publish excerpts of some decision
since March 2017. Some of these excerpts
now give us a better understanding of
how the CCF and INTERPOL take into
consideration extradition refusals by
domestic courts when assessing the
compliance of data with Articles 2 and 3
132. It is encouraging to see that INTERPOL
views extradition refusals as a persuasive
factor in assessing the compliance of
INTERPOL alerts, but if INTERPOL is able
to adopt a general rule that requires the
deletion on the basis of refugee status,
it should also be able to adopt a similar one
regarding extradition refusals on human
rights and political motivation grounds.
Refusals of extradition on human rights
grounds, much like grants of asylum, are
decisions made by countries to prevent
cross-border transfers of individuals with a
view to protecting the individual from
violations of human rights. While extraditions
are not regulated by an international legal
INTERPOL General Assembly, Resolution AGN/543/RES/7 of 1984; CCF Decision Excerpt No 2 confirms that extradition refusals will, rather than
automatically leading to deletion as Fair Trials has proposed, be recorded as an addendum to the original notice. Available at: https://www.interpol.int/
content/download/34452/452069/version/2/file/Decision%20Excerpt%20N%C2%B02.pdf
131
CCF, Decision Excerpt 2
130
60
of INTERPOL’s constitution.131 The CCF
appears to take a case-specific approach
to extradition refusals, acknowledging that
such decisions can be made for a variety
of reasons, and that not all refusals imply
that the extradition request was politically
motivated or issued in violation of
international human rights principles.
This seems to be a sensible approach, but
it is not accompanied by a general policy
of deleting INTERPOL alerts in cases where
extraditions have clearly been refused
on human rights or political motivation
grounds. Instead, the CCF acknowledges
that decisions to refuse extraditions on
human rights or political grounds could,
in ‘some cases’ be regarded as ‘additional
evidence’ that the INTERPOL alert
violates Article 2 or 3 of the Constitution.
As such, it appears that INTERPOL treats
extradition refusals on human rights
grounds as one of several factors to be
taken into consideration for the purpose
of determining compliance, as opposed to
one that creates a strong presumption in
favour of the deletion of the alert.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents