104. There is also a commitment on the part of
the CCF to make its decisions public115 and,
at the time of writing, fourteen redacted
decisions have been published on the CCF
website providing some much-needed
insight into how INTERPOL’s rules are
interpreted. These include interpretations
of Articles 2 and 3 (see paragraphs 135 and
138 below),116 as well as the provisions of the
RPD. In particular, the published decisions
tell us how the CCF applies Article 35 of the
RPD, which requires data on INTERPOL’s
files to be ‘of interest for the purposes of
international police cooperation’ in various
situations.117 The excerpts also illustrate
how the CCF interprets the provisions in
the CCF Statute, including those that relate
to re-examination of requests, demonstrating
how stringently the requirement for
“new material information” is applied.118
105. The CCF decisions also help us to understand
the CCF’s approach to decision-making.
We learn from these excerpts that it “is not
empowered to conduct an investigation,
weigh evidence, or make a determination
on the merits of a case” as these tasks are
the responsibility of national authorities.119
The CCF also refrains from making general
assessments about a country’s legal system.120
106. The CCF tends to take a holistic approach
in its decisions and, in cases where it finds
that an INTERPOL alert is not compliant
with INTERPOL’s rules, it does not always
identify which specific provisions were
violated. This approach is illustrated by
Decision Excerpt No. 13, in which the CCF
considered a range of arguments for the
deletion of the Red Notice, including the
assertion that the Red Notice was
politically motivated, and that the dispute
that formed the basis of the alert was a
Analysis of reforms
107. Fair Trials is delighted by the significant
reforms which have been introduced by
the new CCF Statue and Operating Rules.
Many of our recommendations have been
taken on board and we consider there
now to be a solid foundation upon which
to build a more transparent and effective
redress mechanism than has ever been
available before in the INTERPOL context.
We believe that these reforms bring the
CCF’s procedures closer in line with the
best practice examples we identified in
comparable complaints bodies of
international organisations in our
submission to the GTI.121
108. These reforms must only be viewed,
however, as a foundation. It is only through
the effective implementation of these
reforms that their potential can be fully
realised, and this will not be straightforward.
CCF Statute, Article 44
Available at: https://www.interpol.int/About-INTERPOL/Commission-for-the-Control-of-Files-CCF/Legal-texts-and-studies/Publications-of-the-Commission.
117
CCF, Decision Excerpts Nos. 11, 12, and 13
118
See Decision Excerpts Nos. 6 and 7. Available at:https://www.interpol.int/content/download/34450/452061/version/2/file/Decision%20Excerpt%2
N%C2%B06.pdf andhttps://www.interpol.int/content/download/34446/452045/version/2/file/Decision%20Excerpt%20N%C2%B07.pdf
119
See Decision Excerpt No. 2 (n 34)
120
CCF, Decision Excerpt No. 14
115
116
48
private matter. The decision does not state
clearly which of these arguments the CCF
agreed with. It does not explain whether
or not the Red Notice was issued in
violation of Article 3 of the Constitution,
and it also does not make a clear finding
on the private nature of the dispute.
Instead, the CCF decided in this case that,
on balance, the combined effect of the
doubts that it had regarding political
motivation and the private nature of the
dispute meant that the Red Notice did
not comply with INTERPOL’s rules.
The availability of reasoned decisions is
no doubt a very welcome improvement,
but individuals and NCBs may need clearer
explanations of how the CCF’s decisions
were made to be reassured that they were
not made in an arbitrary manner.
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