by NGO Humanity for Chinese Citizens, 2023
Interpol, as an international organization dedicated to promoting international police cooperation, operates within the framework of its Constitution. The organization plays a crucial role in facilitating the exchange of information and cooperation among law enforcement agencies worldwide. However, it is important to examine the applicability of human rights law to Interpol's work, particularly in relation to the issuance of Red Notices. Article 2 of the Interpol Constitution states the obligation to respect human rights and emphasizes the importance of upholding the principles of the Universal Declaration of Human Rights. It is equally crucial that all Interpol organs and member states unconditionally adhere to this article. Any interpretation or application of rules that would restrict the application of Article 2 would not be justified.
The Interpol General Assembly serves as the supreme governing body of the organization, consisting of representatives from each member state. Its primary purpose is to establish general policies and provide strategic guidance for the organization. While the Interpol General Assembly does not have direct involvement in individual cases or the issuance of Red Notices, it establishes the overall direction and framework for Interpol's activities.
The Interpol Executive Committee consists of representatives from selected member countries who are responsible for overseeing Interpol's daily activities and decision-making processes. This committee plays an important role in ensuring the effective implementation of Interpol's policies and strategies, including those related to human rights. The Executive Committee has a duty to uphold human rights principles in the organization's work and provide guidance to the Secretary-General.
The Interpol General Secretariat, headed by the Secretary-General, is responsible for the day-to-day administration and coordination of Interpol's activities. It is responsible for coordinating and facilitating the day-to-day activities of the organization. The Interpol Secretariat General should ensure that Interpol's work is carried out in accordance with human rights standards and principles enshrined in Article 2 of the Constitution. This includes conducting thorough assessments of Red Notice requests to prevent any potential abuse or violation of human rights.
The Commission for the Control of Interpol's Files acts as an independent monitoring mechanism within Interpol. Its primary role is to examine and address complaints related to the processing, storage, and dissemination of personal data by Interpol. CCF plays a significant role in protecting the rights of individuals who may have been subject to wrongful Red Notices or other data-related issues. It reviews complaints, conducts investigations, and provides recommendations to ensure compliance with human rights standards.
However, it is important to acknowledge that there have been concerns raised about the effectiveness of the CCF and its ability to adequately address human rights violations. Some argue that the CCF lacks sufficient independence and resources to conduct thorough investigations. Therefore, it is crucial for Interpol to continually assess and strengthen the role and functions of the CCF to ensure effective protection of human rights as described in art. 2 of the Interpol Constitution. It is unclear if CCF members also hold other positions in the public sector of their member states and if they dedicate their full time to the CCF. To maintain their independence, CCF members should refrain from any affiliations or positions within their member states that could compromise their impartiality and create conflicts of interest. They should not be satisfied with the fact that they do not participate in the examination of cases where their home country is the target.
Furthermore, it is equally essential to address the selection, appointment and promotion for CCF Secretariat staff. The criteria and processes for selecting and promoting CCF Secretariat staff should be in the same manner transparent and independent from any interference or influence from the Interpol General Secretariat.
For Interpol to effectively protect human rights, it is crucial that the respective roles and responsibilities of the Interpol General Assembly, the Executive Committee, the General Secretariat, and the CCF are clearly defined and implemented in accordance with the principles of the Interpol Constitution. It is essential for Interpol to adhere to international human rights standards and ensure that its work, specifically the issuance of Red Notices, is carried out in a fair, transparent, and lawful manner. Continuous efforts should be made to maintain the independence and enhance the effectiveness of the monitoring mechanisms, such as the CCF, to safeguard human rights within Interpol's activities.
Author to whom correspondence should be addressed: info@humanity4chinesecitizens.org
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