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INTERPOL
2018
is made on the basis of criminal allegations which are not the same as those
giving rise to the INTERPOL alert.
ii)
Article 2: Respect for human rights
48. While it is encouraging to know that
INTERPOL, a policing organisation with no
human rights mandate, is committed to
upholding international human rights
principles, its approach to this commitment
has been difficult to identify. INTERPOL
has, to date, provided very few clear
examples of how it applies Article 2 in
practice. For example, in a Chatham
House meeting at which INTERPOL
spoke, it confirmed that it seeks to apply
internationally-shared standards wherever
identified, and provided the prohibition
of the death penalty against minors as an
example of this.27 Therefore, if an alert is
requested against a minor seeking the
death penalty, this would be refused, but
if an alert is requested against an adult in
the same circumstances, it would be
considered valid because international law
does not, at present, contain any standard
excluding the death penalty as such.
b. the risk that the charge or conviction
underlying the INTERPOL alert has
arisen from the use of torture evidence.
50. Our main recommendation was to call
for INTERPOL to publish a Repository
of Practice on the interpretation and
application of Article 2 of its Constitution,
particularly to provide clarity on how
INTERPOL perceives its responsibility to
protect human rights.
49. It is particularly concerning that INTERPOL
has not published clear guidance on its
approach to the prohibition of torture
– an internationally-shared standard.
There are two key risks to which INTERPOL
should be alert:
a. the risk of torture or ill-treatment
arising following return to the requesting
country, either during the criminal
proceedings (e.g. torture by police
during interrogations) or due to the
nature of the potential sentence which
might contravene international standards
(e.g. stoning); and
27
Chatham House, ‘International Law Roundtable Summary – Policing Interpol’ (5 December 2012) Available at: https://www.chathamhouse.org/sites/files/
chathamhouse/public/Research/International%20Law/051212summary.pdf
23
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