INTERPOL
Dismantling Strengthening
the Tools of Oppression
Effective avenue of redress
i)
Moving in the direction of reform
80. A year after publication of Strengthening
INTERPOL, we saw two key developments
which signalled INTERPOL’s commitment
to addressing our concerns regarding the
deficiencies of the CCF as an avenue of
redress. In September 2014, Nina Vajic,
a former judge of the European Court
of Human Rights, a professor of Human
Rights Law at the University of Zagreb and
an expert in international organisations law,
was appointed as Chair of the CCF. Given
that the lack of human rights expertise
within the CCF was one of the issues which
Fair Trials had hoped to see addressed by
INTERPOL, we welcomed this as a positive
step in the right direction.
81. Two months later, during INTERPOL’s
General Assembly in November 2014,
a Resolution was adopted which tasked
an internal working group (Groupe de
travail sur le traitement d’information or
“GTI”) with conducting a comprehensive
review of INTERPOL’s data processing at
all levels, including the CCF, and tasking
INTERPOL’s General Secretariat with
conducting consultations to assist the
GTI.68 The GTI met for the first time in
July 2015, with over 60 participants from
30 countries, and Fair Trials welcomed the
opportunity to make both written and
oral representations at the meeting,69 we
reiterated our concerns about the way in
which the CCF operates and called for
reforms to ensure an adversarial process
which functions with greater transparency
and efficiency.
82. During the July 2015 meeting of the GTI,
it became clear that there was a genuine
commitment to reforming the CCF but
that there was a lack of clear vision within
INTERPOL and on the part of its members
of what precise reforms were required. We
sought to inform further the GTI’s thinking
on these issues, by submitting a more
detailed proposal for CCF reform in
advance of the working group’s second
meeting which took place in December
2015.70 Drawing on good practice examples
from other international organisations and
comparable bodies, and emphasising that
reforms were imperative in order to bring
the CCF in line with the requirements of
internal redress mechanisms established by
the Court of Justice of the European Union
in Kadi,71 we made the following proposals:
a. Composition and structure: In order to
address concerns about the CCF’s lack
of the expertise needed to determine
complaints, the CCF should be divided
into three entities, each with specialist
expertise, which meet with sufficient
regularity to ensure that requests and
complaints are processed within
specified timeframes:
i)
Data Protection Office, which advises
and monitors INTERPOL on data
protection matters and processes
requests for access to INTERPOL’s
files;
ii) Complaints Committee, which has
expertise in human rights and
extradition law, and is responsible
for handling requests for the
deletion or amendment of
information on INTERPOL’s files;
and
iii) Appeals Panel, which hears appeals
from the Data Protection Office and
the Complaints Committee.
INTERPOL, Resolution No. 19, AG-2014-RES-19, ‘INTERPOL’s supervisory mechanisms concerning the processing of data in the INTERPOL
Information System’ (November 2014)
Fair Trials, ‘Fair Trials makes recommendations to INTERPOL on Red Notice abuse’, (28 July 2015)
Available at: https://www.fairtrials.org/fair-trials-make-recommendations-to-interpol-on-red-notice-abuse/
70
Fair Trials, ‘Submission – Reform of the Commission for the Control of INTERPOL’s Files and itsdata processing procedures’
(10 December 2015) Available at: https://www.fairtrials.org/wp-content/uploads/Fair-Trials-Submission-to-GTI-Dec-2015.pdf?platform=hootsuite
71
Kadi (n 22); See also C-584/10 P, Commission and Others v Kadi [2010] ECR II 5177 (‘Kadi II’)
68
69
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