Dismantling the
Tools ofreport
Oppression
INTERPOL
2018
C. Overview of Fair Trials’ concerns and recommendations
28. Since 2012, Fair Trials has worked to
highlight cases of injustice caused by
INTERPOL alerts issued in violation of
INTERPOL’s own constitutional rules (which
we have referred to as ‘abusive’). We found
that INTERPOL faced significant challenges
regarding its ability to prevent and remove
abusive INTERPOL alerts.
29. Fair Trials has encouraged INTERPOL to
take action to address concerns in three
main areas: (a) the mechanism for preventing
publication of alerts which do not comply
with INTERPOL’s constitutional rules;
(b) the process through which those affected
by INTERPOL alerts can seek access to the
information being disseminated through
INTERPOL’s channels and request deletion
of INTERPOL alerts which do not comply
with INTERPOL’s own rules; and (c) the
interpretation of its Constitution which
requires INTERPOL to respect political
neutrality and human rights.
Protection from abuse
30. The gatekeeper of INTERPOL’s alert
system is the General Secretariat, which
is responsible for reviewing requests for
INTERPOL alerts from Member States,
publishing INTERPOL alerts, and keeping
them under review thereafter.
31. We know, however, that the General
Secretariat has not always been able to
detect and prevent abusive alerts from
being disseminated, even in cases where
there is very strong evidence to suggest
they are either politically motivated or
based on, or likely to expose individuals
to serious human rights violations,
such as torture.
a. Bahar Kimyongür: Bahar, a journalist and
activist, was detained in Italy in November
2013 pursuant to a Red Notice16 issued
at the request of the Turkish Government.
Bahar had previously been detained
in the Netherlands (in April 2006) and
Spain (in June 2013) On the basis of the
same Red Notice. The Red Notice arose
following a peaceful protest in the
European Parliament. The Government
of Italy refrained from extraditing Bahar
following the intervention of the
Chair-Rapporteur of the Working Group
on Arbitrary Detention, the Special
Rapporteur on Torture, and the Special
Rapporteur on the promotion and
protection of freedom of expression.
The intervention raised a number of
concerns, including that “there are
reasonable grounds to believe that
Bahar may be subjected to torture and
other forms of ill-treatment if extradited
to Turkey”.17 The UN Special Rapporteur
on Torture “welcomed the decision of
the Government of Italy to refrain from
extraditing him and thereby complying
with Article 3 of the UNCAT”.18 The Red
Notice remained in place despite
these findings and following an initial
application to the CCF submitted by
Bahar. It was not until Fair Trials made
a further application on Bahar’s behalf
that the alert was eventually deleted
in August 2014. However, the letter
confirming the deletion of the Red
Notice contained no reasoning.
Fair Trials, ‘Bahar Kimyongur – Turkey’ Available at: https://www.fairtrials.org/bahar-kimyongur/
United Nations Office of the High Commissioner for Human Rights, Joint Urgent Appeal ITA 3/2013 (17 December 2013) Accessible at: https://spdb.ohchr.
org/hrdb/24th/public_-_UA_Italy_17.12.13_(3.2013).pdf
18
United Nations Human Rights Council, Twenty eighth session, ‘Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment, Juan E. Mendez –Addendum’, (6 March 2015) A/HRC/28/68/Add.1
16
17
17
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