c. We learn from Decision Excerpt No. 9
that the CCF defers to the extradition
courts of its members on certain human
rights matters, finding that the question
of whether the principle of double
jeopardy (or ‘ne bis in idem’) has been
violated is a matter for competent
national courts.
d. Decision Excerpt No. 5 confirms the
weight which the CCF attributes to
positions expressed either by other
NCBs or by international institutions
relating to human rights matters,
including in relation to the violation of
the right to a fair trial. In this particular
case, such positions were determinative
of the CCF’s decision that the INTERPOL
alert should be deleted.
Interpretation of article 3
136. INTERPOL has so far made no noticeable
changes to the way it interprets Article 3 of
its constitution, and as evidenced by
published CCF decisions, it continues to
apply the ‘predominance test’. This means
that INTERPOL still holds the position that
as a general rule, an offence committed in
the context of a political struggle is
characterised as ‘political’ only if the harm
done is proportionate to the political aim.
One possible exception to this approach is
the Refugee Policy, given that INTERPOL
does not make its own assessment on
whether or not an offence is political when
applying the Refugee Policy. This assessment
is instead made by the asylum-granting
authority in accordance with the 1951
Convention.
138. The CCF decisions published on INTERPOL’s
website also provide some additional
clarity on certain matters regarding the
interpretation of Article 3:
a. The decisions confirm that the CCF
applies the predominance test in
order to determine whether an
INTERPOL alert complies with
Article 3, and that it takes into
consideration the factors listed in
Article 34(3) of INTERPOL’s Rules on
the Processing of Data, which are the
nature of the offence, the status of the
persons concerned, the identity of the
source of the data, the position
expressed by another NCB or
international entity, obligations under
international law, the implications for
neutrality of the case, and the general
context of the case. 135
b. Decision Excerpts 3 and 5 confirm that
the CCF attaches significant weight to
the opinions provided by other NCBs
and international organisations on the
political nature of the case.
INTERPOL, ‘Repository of Practice: Application of Article 3 of INTERPOL’s Constitution in the contest of the processing of information via INTERPOL’s
channels’ (February 2013). Available at: www.interpol.int/content/download/34480/452435/version/6/file/article%203-english-february%202013vb%20CD.pdf
135
These factors are: nature of the offence, status of the persons concerned, identify of the source of the data, the position expressed by another NCB or
international entity, obligations under international law, implications for neutrality of the case, and the general context of the case.
134
62
137. INTERPOL has however, published its
Repository of Practice on Article 3, which
was previously not available to the public
several years after it was last updated in
2013.134 This is a positive step that improves
INTERPOL’s transparency, and it enables
individuals affected by INTERPOL alerts
and their lawyers to better understand
INTERPOL’s rules and, if necessary,
challenge the data more effectively.
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