INTERPOL
Dismantling Strengthening
the Tools of Oppression
ii) Deletion of data: Whenever the CCF
finds that an alert does not comply
with INTERPOL’s rules, it must delete
the data, make the decision public
(subject to necessary redactions),
notify all NCBs and issue a letter to
the individual to confirm the deletion.
iii) Addenda: Addenda should only be
used as interim remedies, or where
the CCF wants to alert users of its
systems that there is a good reason
for a cautious approach to be taken
when deciding whether to act on an
alert. In the absence of any policy
requiring the deletion of alerts where
extradition has been refused on the
basis of political motivation and/
or the risk of refoulement, this might
include cases in which there have
been refusals of extradition.Addenda
should appear on all public alerts
and should be available automatically
to other NCBs.
83. During 2015 and 2016, while the GTI was
still conducting its review, we started to
see changes in the way in which the CCF
was operating, further demonstrating
INTERPOL’s commitment to reform.
These changes included an increase in the
number of sessions from three to four per
year, each lasting for three days rather than
the previous two. The CCF also started to
make decisions between its sessions,
particularly in straightforward cases
(such as those to which the Refugee
Policy applies). We understand that this
was made possible by adopting a new
procedure under which the CCF delegates
certain powers to the CCF chairperson
and/or the rapporteur, so that they can
make decisions on some types of cases on
a weekly basis.
84. In November 2015, the General
Assembly adopted a resolution which
strongly indicated that Member States
were on board with the reform agenda.
The Resolution urged members to
cooperate promptly with the General
Secretariat and the CCF, tasked the
General Secretariat with developing
proposals for reform of the CCF, and
required the General Secretariat to
implement the decisions of the CCF
(i.e. making the decisions binding).72
85. In 2016, the CCF’s new website was
launched, giving the public clearer, more
accessible information about the CCF’s role
and procedures that will help individuals to
exercise their right to challenge data being
held on INTERPOL’s databases, particularly
if they are not being assisted by a lawyer.
During the same year, we started to see
the inclusion of reasoning in the decisions
provided by the CCF and other lawyers
representing clients with INTERPOL Alerts
have confirmed the same. 73
86. During 2015, the CCF also began to include
with deletion decisions a “to whom it may
concern” letter which confirms that the
applicant “is not subject to a Red Notice or
a Diffusion and is not known in INTERPOL’s
databases”. These letters are a valuable
document for people who have previously
been subject to INTERPOL alerts which
have been deleted to carry with them when
travelling given the risk that data relating
to a deleted INTERPOL alert will remain
on national police databases. In June
2015, 10 months after his Red Notice was
deleted by INTERPOL, Bahar Kimyongür
was detained for two and a half hours in
a Greek airport on the basis of a national
register of wanted persons and while the
authorities checked with INTERPOL to
INTERPOL, Resolution 9, AG-2015-RES-09 ‘Supplementary measures associated with the processing of notices and diffusions’ (November 2015)
See for example Michelle Estlund, ‘INTERPOL Red Notice removal cases – a sample of results from 2016’, Red Notice Journal (10 January 2017)
Available at: http://www.rednoticelawjournal.com/2017/01/interpol-red-notice-removal-cases-a-sample-of-results-from-2016-part-1/
72
73
41
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