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Fair Trials Int'l Report: Strengthening Respect for Human Rights, Strengthening INTERPOL

Fair Trials Int'l Report: Strengthening Respect for Human Rights, Strengthening INTERPOL

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Fair Trials International’s vision: a world where every person’s right to a fair trial is respected, whatever their nationality, wherever they are accused.
November 2013
Strengthening respect for human rights, strengthening INTERPOL
About Fair Trials International
Fair Trials International (‘
Fair Trials
’) is a UK
-based non-governmental organisation that works for fair
trials according to international standards of justice. Our vision is a world where every person’s right
to a fair trial is respected, whatever their nationality, wherever they are accused. We pursue our mission by providing assistance, through our expert casework practice, to people arrested outside their own country. We also address the root causes of injustice through broader research and campaigning, and build local legal capacity through targeted training, mentoring and network activities. In all our work, we collaborate with our Legal Expert Advisory Panel, a group of over 120 criminal defence experts from 28 EU Member States. Fair Trials is active in the field of EU criminal justice policy and, through our INTERPOL work, international police cooperation, extradition and asylum. Thanks to the direct assistance we provide to hundreds of people each year, we are uniquely placed to offer evidence of how international law enforcement systems affect individual rights.
Fair Trials is grateful to all its funders and supporters, in particular the Oak Foundation and the Street Foundation which fund our law reform work. We would like to thank our Legal Expert Advisory Panel for providing information on local laws and practices relating to INTERPOL. Thanks also to Richard Elsen (Byfield Consultancy), Pauline Thivillier, Giovanni Bressan, Raquel Perez, Martin Jones, Lucy Hayes, and Jemima Hartshorn for their assistance. During the drafting of this Report, Fair Trials consulted with members of the INTERPOL General Secretariat and
Commission for the Control of INTERPOL’s Files and
wishes to thank them for correcting any inaccuracies in the descriptions of their rules and activities. Fair Trials also spoke with the United Nations High Commissioner for Refugees, and the following experts in extradition, asylum and international law: Elizabeth Wilmshurst, Anand Doobay, Hugo Keith QC, Piers Gardner QC, Rachel Barnes, Gerry Facenna, Roger Gherson, Marianne Wade (United Kingdom), Caroline Laly-Chevalier (France), and Carlos Gómez-Jara (Spain). We wish to thank them all for their comments but stress that all views expressed in this Report are our own.
Libby McVeigh Rebecca Shaeffer Alex Tinsley
Head of Law Reform Law Reform Officer Law Reform Officer +44 (0)20 7822 2380 +44 (0)20 7822 2382 +44 (0)20 7822 2385 libby.mcveigh@fairtrials.net rebecca.shaeffer@fairtrials.net alex.tinsley@fairtrials.net  www.fairtrials.org Registered charity no. 1134586 Registered with legal liability in England and Wales no 7135273 Registered office: Temple Chambers, 3/7 Temple Avenue, London EC4Y 0HP, United Kingdom
TABLE OF CONTENTS Glossary of key terms and abbreviations
Executive summary
 Background and context
1. INTERPOL 9 2. Red Notices 13 3. Human impact 16 4. Human impact and human rights 19
 The problem of abuse
1. Political abuses 23 2. Corruption cases 26 3. Sui generis abuse: the failure to seek extradition 27
 Detecting and preventing abuse
’s unders
tanding of Article 3 29 2.
 review by the General Secretariat 34 3. Issues surrounding i-link 38 4. Continual review 42 5. Sanctions 47
 Creating effective remedies
 1. The need for an effective remedy 49 2. The Commission for the Control of INTERPOL
’s Files
 52 3. Applications to access information 54 4. Applications to delete information 56 5. The underlying reasons for CCF ineffectiveness 63 6. Towards reform 64
 Conclusions and recommendations
 66 ANNEXES 1. Statistics: Red Notices, arrests, budget and statistics from the
Commission for the Control of INTERPOL’s Files on individual requests
 69 2. Example Red Notice (anonymised) and Diffusion 73 3. Short summaries of all Fair Trials cases referred to in the Report 77 4. Profiles of the current members of the Commission for the Control
of INTERPOL’s Files

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