INTERPOL
Dismantling Strengthening
the Tools of Oppression
Recommendations on Interpretation of INTERPOL’s Rules
INTERPOL should publish the Refugee Policy
on its website, along with guidance on its
interpretation.
INTERPOL should specifically include within
the Refugee Policy a presumption that refugee
status exists where evidence of that status is
provided by the individual concerned (or their
representative) and where the status-granting
State has not disputed the validity of the
refugee status within a period of one month.
INTERPOL should clarify and publish how it
protects the confidentiality of information
provided by a person with refugee status in
dealings with General Secretariat staff, CCF
members and the NCB from the Member
State from which protection has been sought.
INTERPOL should amend the Refugee Policy
so that it provides clarity on the application
of the Refugee Policy where subsidiary
protection has been provided in lieu of refugee
protection, and extend the application of the
policy to individuals who have been naturalised
following the grant of refugee status.
INTERPOL should adopt a policy on extradition
refusals that is similar to its Refugee Policy –
under which there is a strong presumption that
an INTERPOL alert violates Article 2 and/or 3
of its Constitution if there has been a decision
to extradite on human rights and/or political
motivation grounds.
INTERPOL should provide guidance to Member
States as to the limitations of INTERPOL alerts
and their use as the basis for denying or delaying
access to refugee status.
Member States should not treat the existence
of a Red Notice or a Diffusion as reliable
evidence for the purpose of denying or
delaying access to refugee status.
INTERPOL should collate data on (i) the number
of requests for INTERPOL alerts refused on the
basis of the refugee policy; (ii) the number of
people with refugee status requesting deletion
of INTERPOL alerts on the basis of Refugee
Policy; (iii) the number of cases in which the
CCF does not apply the Refugee Policy in
response to a request to do so and the reasons
why; and (iv) the average length of time between
submission of deletion requests to the CCF
on the basis of the Refugee Policy and the
decision to delete the INTERPOL alert.
Member States should help INTERPOL to
remove INTERPOL alerts against refugees
by either: a) encouraging refugees subject to
an alert to request its removal; or b) with the
consent of the individual, sharing information
about the grant of refugee status with INTERPOL.
INTERPOL should stand by its commitment
to publish a Repository on Article 2 of the
Constitution.
INTERPOL should continue to engage with
the UN Committee against Torture and
other human rights bodies as it develops
the Repository.
UN treaty bodies and special mandates
and other human rights bodies are encouraged
to offer support to INTERPOL in developing a
framework through which it can demonstrate
its commitment to human rights protection.
The CCF is encouraged to continue publishing
decisions which provide an insight into its
interpretation of Article 3.
INTERPOL should consider adopting the test
in Article 3(b) of the UN Model Extradition
Treaty as it is applied by extradition courts.
As a first step, INTERPOL should commission
and publish an expert study analysing
relevant international extradition law and its
own obligations.
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