Dismantling the
Tools ofreport
Oppression
INTERPOL
2018
102.To assist the CCF110 in meeting these new
time limits, NCBs are required to respond
diligently to the requests from the CCF.
Furthermore, the CCF is required to provide
information to individuals on relevant
timeframes and keep the applicant
informed of the status of the request and
any relevant developments, either at its
own initiative or in response to a request
from the applicant.111 This is a very positive
change, given that the frequent delays to
the CCF’s procedures have compromised
its effectiveness as a redress mechanism.
CCF Decisions – Before and After
The CCF’s Decision in the case of Petr Silaev
(above), dated October 2014 in response
to an application for the deletion of his Red
Notice had two sentences, confirming that
the application had been received, and that
his Red Notice was deleted. By contrast,
the redacted CCF decision published on
INTERPOL’s website in 2017 (right) is
evidently much more detailed.
Reasoned and public decisions
103.The CCF’s recently introduced practice of
providing reasoned decisions has been
formalised in Article 38(2) of the CCF Statute
and Rule 32 of the Operating Rules.
The decision should include, at the very
least, “a summary of the proceedings, the
submissions of the parties, a statement of
the facts, the application of INTERPOL’s
rules and an analysis of legal arguments
and operative parts.”112 There is also the
requirement for reasoning to be provided
in relation to the decision on admissibility.113
The extent to which the CCF is required to
provide reasoning for decisions to withhold
disclosure of information relating to the
request is not entirely clear, but the CCF
statute states that such decisions need to
be “justified”. 114
CCF Statute, Article 41(1)
CCF Statute, Article 41(2)
CCF Statute, Article 41(3)
109
CCF Statute, Article 41(3)
110
CCF Statute, Article 5(2)
111
CCF Statute, Article 31
112
CCF Statute, Article 38(2)
113
CCF Statute, Article 32(3)
114
CCF Statute, Article 35(4)
106
107
108
47
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