Dismantling the
Tools ofreport
Oppression
INTERPOL
2018
c. A separate quasi-judicial chamber of the
CCF, appropriately composed, and
with procedures ensuring the equality
of arms, reasonable timeframes,
binding and reasoned decisions and a
right to appeal, should be created to
deal with complaints.
dark about the arguments being made
against their submissions raised doubts
about the effectiveness of the CCF as a
redress mechanism.
c. The absence of reasoning: The
decisions of the CCF contained no
explanation of the basis on which they
were reached, with responses often
limited to one short paragraph
confirming the outcome of the CCF’s
deliberations in generic language.
d. The significant delays in the CCF
decision-making process: Based on our
own casework and the accounts provided
by other lawyers who had engaged in
the CCF process, it was clear that delays
were a common feature. Rachid Mesli,
whose case is described in more detail
below, waited for almost four years to
obtain a decision to delete his Red
Notice from the CCF.
e. The inability of the CCF to make
binding decisions: An indication of
the CCF’s lack of independence from
INTERPOL’s General Secretariat was its
ability only to issue recommendations
rather than binding decisions. Its practice
of recommending the addition of
addenda to INTERPOL alerts,24 rather
than their deletion, increased the
likelihood that a compromise solution
would be adopted rather than the CCF
choosing to require an effective remedy.
42. In light of these concerns, we recommended
that:
a. INTERPOL should conduct a
comprehensive review of the operation
of the CCF;
b. The competence, expertise and
procedures of the CCF required
improvement in order for it to provide
adequate redress for those directly
affected by INTERPOL’s activities; and
Interpretation of INTERPOL’s Rules
43. On paper, Articles 2 and 3 of INTERPOL’s
Constitution help to ensure the
organisation’s reputation as a trustworthy
facilitator of international cooperation by
enshrining its commitment to human rights
and its neutrality. While the text of the
Constitution and supplementary rules
appear satisfactory, Fair Trials has recognised
that there are problems, or at least a lack of
clarity, in the way these were implemented.
i)
Article 3: Political neutrality
44. INTERPOL has produced a ‘Repository of
Practice’ on Article 3, which explains
how INTERPOL interprets and applies its
constitutional obligation to remain neutral.
The Repository of Practice confirms that
Article 3 is interpreted in line with the
‘political offence’ exception in exradition
law (see, for example, Article 3(1) of the
European Convention on Extradition 1957
(“ECE”) and Article 3(a) of the United
Nations Model Treaty on Extradition
(“UNMTE”)) which covers ‘pure’ political
offences such as treason or espionage and
‘relative’ political offences which relate to
ordinary criminal law offences but are
political due to their context and the
motive for which they were committed.
This leads INTERPOL to apply the
‘predominance’ test, developed by, inter
alia, the Swiss courts, and according to
which an offence acquires political
character if it is committed in the context
of a struggle for power and if the private
harm done is proportionate to the political
interest at stake. The ‘predominance test’
Addenda are additional information added to INTERPOL alerts to notify Member States of key facts such as the decision by a Member State to refuse
extradition of the person to whom the INTERPOL alert relates.
24
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents