INTERPOL
Dismantling Strengthening
the Tools of Oppression
128. The final concern relating to INTERPOL’s
Refugee Policy is that INTERPOL alerts are
sometimes relied upon to justify exclusion
from, or to delay access to the protection of
the 1951 Refugee Convention. The Refugee
Policy makes it clear that its objective is not
only to protect vulnerable refugees from
abusive INTERPOL alerts, but to prevent
“criminals from abusing refugee status”.
As such the Refugee Policy encourages NCBs
to check INTERPOL’s databases to ensure
that refugee status is not granted to
“dangerous criminals”. This is clearly
reaffirmed by the Refugee Policy
Resolution, which encourages Member
States to consult INTERPOL’s databases
for the purpose of refugee status
determination. The Refugee Policy thus
seems to endorse policies in certain
countries like Australia, where the
existence of an INTERPOL alert is an
explicit lawful basis on which immigration
status can be refused. The case of Sayed
Abdellatif is emblematic of this challenge.
Sayed Abdellatif
Sayed Abdellatif claimed asylum in Australia in May 2012 based on the risk of persecution
which he faces in Egypt, which he fled in 1992, having been repeatedly arrested and
tortured by the State Security Intelligence. In 1999, Sayed was tried in absentia before the
military courts in Egypt at a trial during which evidence obtained by torture was used
to convict him. On 1 October 2001, INTERPOL issued a Red Notice for Sayed, in relation
to alleged offences of inter alia murder, destruction of property and firearms offences
– offences subsequently found to have been erroneously included in the Red Notice,
given that he had never faced these accusations in Egypt. This Red Notice was reviewed
and maintained in 2007 and 2011, albeit, as a result of which references to some of the
more serious offences, including murder, were dropped. While the Australian authorities
have found Sayed and his family to have prima facie claims to refugee status, and have
acknowledged that evidence used against him in the 1999 trial was obtained under
torture, the Red Notice has served to stall the asylum process. As a result, Sayed has
spent five years in immigration detention with a significant impact on his relationship
with his family who have been separated from him. Fair Trials applied for the deletion of
Sayed’s Red Notice, and in February 2018, the CCF removed the notice, primarily due
to the evidence of the use of torture in his criminal case. It is hoped that this will enable
Sayed to claim asylum in Australia, and that he will finally be released from detention.
“I feel like I’m paying for the
mistakes of INTERPOL and the
Australian government… They make
the mistakes and I pay with my life
and my family’s life.”
Sayed Abdellatif
59
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