F. Conclusions and recommendations
a) Conclusions
139. INTERPOL has been used as a weapon
against journalists, human rights defenders,
and refugees by states that are willing to
abuse not only their own criminal justice
systems, but also international cooperation
mechanisms. We are delighted that
INTERPOL now recognises that this is a
serious challenge that undermines its
efforts to make the world a safer place,
and that it has begun to take decisive
action to protect itself from abuse.
that the implementation of these reforms
will be an easy process for INTERPOL. The
institutionalisation of human rights-related
reforms is not without challenges in a
policing environment. It is ultimately up to
INTERPOL to ensure such implementation
through its General Secretariat, the CCF and
its Member States, but civil society and other
external actors can also play a supporting
role. We envisage four main aspects of
implementation: information-sharing,
monitoring through data collection, ensuring
adequate resources, and awareness-raising.
140. The reforms that INTERPOL have adopted
strengthen the organisation by helping
to ensure that its systems are trustworthy
tools for international police cooperation
and not channels for exporting oppression.
In particular, there have been significant
improvements to prevent abusive
INTERPOL alerts from being published,
and to improve the effectiveness of the
redress mechanism provided by the CCF.
‘The question is whether the…
reforms adopted in Bali in November
2016 are sufficient to ensure that the
CCF can henceforth provide an
effective remedy to putative victims
of abusive Red Notices. In my view,
much will depend on how these reforms
will be implemented in practice.’136
141. The reforms introduced over the last three
years are, however, only the beginning.
We conclude that there are now three
priority areas for future work and propose
that, while INTERPOL’s General Secretariat,
the CCF and Member States must take
the lead in meeting these priorities, there
is also a supporting role for civil society to
play. Fair Trials has been working closely
with a growing movement of lawyers and
civil society organisations to ensure
international cooperation on criminal
matters respects human rights.
i)
Implementation of existing reforms
142. While documents such as the Refugee
Policy and the CCF Statute indicate a
commitment to reform, they remain no more
than words on paper without effective
implementation in practice. We appreciate
that these reforms are potentially far-reaching
and ground-breaking, and we do not expect
64
136
137
PACE Report (n 50)
General Assembly Resolution 9 of 2017 (n 128)
Bernd Fabritius, Special Rapporteur on
Abuse of Red Notices, Parliamentary
Assembly of the Council of Europe
143. INTERPOL’s decision-making is only as
good as the information which it has
before it, with INTERPOL representatives
suggesting that they frequently do not
have access to the evidence they need to
make robust decisions (either during the
ex-ante review process or in relation to
deletion requests). Member States have
a particularly important role to play in the
sharing of information that could help both
INTERPOL and the CCF to carry out
effective reviews. We know that INTERPOL
actively encourages Member States to
share helpful information, such as extradition
decisions and refugee status determinations.137
While we agree that Member States should
be encouraged to do this, Member States
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