WRITTEN EVIDENCE SUBMITED BY INTERPOL
                             (TRUK0178)

1.       INTERPOL is grateful to the Human Rights (Joint Committee) for the opportunity to contribute to the inquiry into ‘Transnational Repression in the UK’ and, specifically, to comment on oral evidence given to the Human Rights (Joint Committee) on 12 March 2025 in relation to INTERPOL. INTERPOL’s Notices and Diffusions play an important role in the arrest of numerous fugitives and terrorists each year. Therefore, protecting the integrity of this system is of paramount importance to INTERPOL and our member countries. Crime and terrorism are global challenges requiring a global response which INTERPOL is uniquely positioned to provide.

2.       This submission will provide background about INTERPOL and will focus on the Notices and Diffusions system, specifically:

-          The review process for Notices and Diffusions;

-          INTERPOL’s data protection framework;

-          The work of the Commission for the Control of INTERPOL’s Files (CCF).

3.       It is noted that evidence provided to the session on 12 March 2025 provided a great deal of commentary on the work of INTERPOL, some of which was either false or misleading. This document, therefore, also aims to clarify the position in relation to specific noted inaccuracies in the testimony provided to the Committee.

4.       In addition, INTERPOL will set out opportunities for the UK to assist with efforts aimed at ensuring

data in the INTERPOL Information System is compliant with INTERPOL’s Constitution and Rules.

About INTERPOL

5.       The International Criminal Police Organization – INTERPOL – is an inter-governmental organization with 196 member countries. INTERPOL aims to ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the domestic laws of its member countries, and in the spirit of the “Universal Declaration of Human Rights”.1

6.       This aim is achieved by connecting member countries via a secure communication system called I-24/7 that allows contact between countries, and with INTERPOL’s General Secretariat, and provides access to the INTERPOL Information System, including Red Notices and Diffusions, in real time, from both central and remote locations. In addition, INTERPOL’s global policing capabilities support national efforts in combatting crimes across three areas considered the most pressing today; terrorism, cybercrime, and organized crime. Through these capabilities and systems INTERPOL helps police globally protect their communities 24 hours a day, seven days a week. The average response time for a query against the databases in INTERPOL Information System, from anywhere in the world, is half a second.

7.       Each member country of INTERPOL is required to appoint a body to serve as the National Central Bureau (NCB) that will be responsible for liaison with the various national departments in the country, with NCBs of other countries, and with INTERPOL’s General Secretariat.2 The UK’s NCB is part of the National Crime Agency (NCA).

Red Notices and Wanted Person Diffusions

1 INTERPOL’s Constitution, Article 2

2 INTERPOL’s Constitution, Article 32

8.       INTERPOL has established a series of colour-coded Notices that enable countries to share critical crime-related alerts and requests for cooperation worldwide. Notices are published by INTERPOL’s General Secretariat at the request of a member country through its NCB. Notices are only published if they comply with INTERPOL’s Constitution and Rules on the Processing of Data (the RPD). Once published, Notices are available to all 196 member countries. In some cases, at the request of the requesting country, INTERPOL will consider making an extract of a Red Notice available to the public through INTERPOL’s website. Relevant considerations include the seriousness of the offence and whether publication is sought to warn or request help from the public.

9.       NCBs may also send alerts and requests for cooperation by way of a Diffusion. Diffusions must also comply with INTERPOL’s Constitution and the RPD. Diffusions differ from Notices primarily in that circulation of Diffusions can be limited directly by the requesting NCB so that they are not received by all member countries.

Criteria for publication of Red Notices and Wanted Person Diffusions

10.   Red Notices are requests to law enforcement worldwide to locate a wanted person and seek their detention, arrest, or restriction of movement for the purpose of extradition, surrender, or similar lawful action.3 Red Diffusions are also known as Wanted Person Diffusions (WPD) and are generally used when NCBs wish to limit circulation to selected NCBs or international entities.

11.   Neither a Red Notice nor a WPD is an international arrest warrant. Rather they are requests for cooperation based on an arrest warrant or court order issued by the competent authorities in the member country concerned. It is up to each member country to decide whether to act on a Notice or a Diffusion. INTERPOL cannot demand that action be taken on a Notice, and whether to do so is completely within the discretion of each country.

12.   A Red Notice or WPD will only be published if:

-          It complies with INTERPOL’s Constitution,4 in particular Articles 2 and 3 which require, respectively, that INTERPOL act ‘in the spirit of the “Universal Declaration of Human Rights”’, and not ‘undertake any intervention or activities of a political, military, religious or racial character’;

-          It satisfies the specific conditions for publication provided in the RPD, which sets out requirements related to the seriousness of the offence, penalty thresholds, and minimum identity particulars and judicial data;

-          Publication is in the interests of international police cooperation;5

-          Publication will not prejudice the interests of INTERPOL or its member countries;6 and

-          It otherwise satisfies the requirements of the RPD, for example, data quality requirements set out at Article 12.

3 INTERPOL’s Rules on the Processing of Data, Article 82

4 INTERPOL’s Rules on the Processing of Data, Article 5

5 INTERPOL’s Rules on the Processing of Data, Articles 35 and 77

6 Ibid

Review of Notices and WPDs and the reforms put in place by INTERPOL in recent years

13.   In recent years, INTERPOL has undertaken a number of important measures to strengthen the integrity of the Notices and Diffusions system. In 2016, a dedicated Notices & Diffusions Task Force (NDTF) was created within INTERPOL’s General Secretariat with responsibility for conducting a robust quality and legal compliance review for all incoming Notices and WPD prior to their publication by the General Secretariat. Since 2018, this responsibility has expanded to include a review, currently ongoing, of Red Notices and WPD authorized prior to 2016.

14.   The NDTF is a dedicated multidisciplinary and multilingual international team made up of seconded and contracted legal and law enforcement experts from around the world, including secondees from the UK Home Office.7 NDTF staff are divided into teams with specialist knowledge in geographical and thematic areas. The NDTF screens incoming Notice and Diffusion requests and identifies those that require further review through technological tools, review of geopolitical information about situations between or within member countries and other information from INTERPOL databases. Daily media monitoring ensures that decisions are informed by relevant geopolitical developments which assists in identifying potential breaches of Articles 2 or 3 of INTERPOL’s Constitution.

15.   The NDTF reviews Red Notices and WPDs against the criteria set out above. Where there are doubts regarding the compliance of a Red Notice or a WPD with INTERPOL’s Constitution or the RPD, the task force engages in further review, which can include consultation with the requesting NCB in order to obtain clarifications or supplementary data.8 In addition the task force will take appropriate steps to prevent any direct or indirect prejudice the data in the Red Notice or WPD may cause to individuals that the data concerns.9 Such steps include blocking access to data by NCBs and international entities whilst consideration of compliance is ongoing. If, following consultation, the task force concludes that the Red Notice or WPD does not comply with INTERPOL’s Constitution or the RPD, it will correct or delete the data and inform the NCB, indicating the reasons for its actions.10

16.   In such cases, if data was previously circulated to some or all member countries, all recipient countries are promptly informed of the conclusion of non-compliance; are asked to update their national databases accordingly; and are reminded that INTERPOL’s channels may not be used for any communication regarding the case. The same type of communication also follows the deletion of data based on a CCF decision as explained below. In addition, measures are taken to ensure that, in the event a new request in relation to the subject of a non-compliant Red Notice or WPD is submitted by a member country, the request is flagged. This allows the task force to take the previous decision into consideration when reviewing a new request.

17.   The quality and legal compliance reviews of the task force are conducted with reference to INTERPOL’s Repository of Practice on the Application of Articles 2 and 3 of INTERPOL’s Constitution, which was substantially expanded and updated in a new version published online in November 2024, (described below), and in accordance with INTERPOL’s Refugee Resolution, which calls for the deletion of data of individuals with confirmed refugee status.

7 There are two secondees from the Home Office who were appointed for up to three years Summer 2024. However, fiscal realities mean they will end their secondments by end September 2025.

8 INTERPOL’s Rules on the Processing of Data, Article 128

9 INTERPOL’s Rules on the Processing of Data, Article 129

10 INTERPOL’s Rules on the Processing of Data, Article 128

18.   It is important to make clear that the NDTF’s review can only be based on information available at the time of publication. Whenever new and relevant information is brought to INTERPOL’s attention, the NDTF will re-examine the case to ensure its continued compliance. INTERPOL welcomes receipt of any information that may impact the continued compliance of a Notice or Diffusion with its Constitution and RPD. Indeed, all member countries are expected to share with the General Secretariat any information that may give rise to doubts about the conformity of Notices and Diffusions.11 If the new information is provided by the individual who is the subject of the data or on his/her behalf, the CCF will review the case as further explained below.

Repositories of Practice

19.   INTERPOL’s Repository of Practice on the Application of Articles 2 and 3 of INTERPOL’s Constitution (updated November 2024) is publicly available,12 providing greater transparency regarding how INTERPOL analyses requests. The Repository sets out the principles that guide the interpretation and application of Articles 2 and 3 in the context of the processing of data, addressing specific topics illustrated by anonymised real-life examples from INTERPOL’s practice.

20.   The inclusion of detail on the application of Article 2 in the newly updated Repository reflects developments under international law and geopolitical realities. The organisation believes that this new, expanded repository attests to INTERPOL’s commitment to well-established human rights standards, increases transparency around NDTF’s decision-making processes for INTERPOL’s member countries and the international community, and promotes consistency in decision-making.

INTERPOL’s Refugee Resolution

21.   As part of the suite of reforms, in 2017, INTERPOL’s General Assembly endorsed the Refugee Resolution.13 This resolution is another attestation to the importance INTERPOL attaches to its commitment to act ‘within the spirit of the “Universal Declaration of Human Rights”’ as required by Article 2 of the Constitution.

22.   Under the Refugee Resolution, if a member country confirms an individual’s refugee status, and the individual is the subject of a Notice or Diffusion requested by the country where the individual fears persecution, INTERPOL will delete the Notice or Diffusion and inform all member countries of their obligations to update their databases to reflect the deletion. With the appropriate safeguards in place, INTERPOL considers it best practice for member countries to proactively share refugee-related information. Where such information is shared, the NDTF has established a comprehensive framework to ensure, based on the RPD requirements, the protection of the confidentiality of such information and the anonymity of the member country as requested.14

Transparency of decision making

11 INTERPOL’s Rules on the Processing of Data, Article 80

12https://www.interpol.int/content/download/12626/file/Repository%20of%20practice%20Articles%202%20a

nd%203.pdf

13 Further explanation about the INTERPOL’s Refugee policy is provided at https://www.interpol.int/Who-we- are/Legal-framework/INTERPOL-Refugee-Resolution. The 2017 Refugee Resolution is accessible via https://www.interpol.int/content/download/5746/file/GA-2017-86-RES-09%20-

%20INTERPOL%20policy%20on%20refugees.pdf

14 INTERPOL’s Rules on the Processing of Data, Article 14

23.   As set out above, INTERPOL’s review of Notices and Diffusions can only be based on the information available at the time of publication. Information provided by member countries comes from law enforcement bodies and is, by its nature, generally confidential. However, a considerable amount of information regarding the provisions and policies applied when conducting a review of Notices and Diffusions requested by member countries is made available through INTERPOL’s website, including:

-          INTERPOL’s Constitution;

-          INTERPOL’s General Assembly Resolutions;

-          INTERPOL’s Rules on the Processing of Data;

-          INTERPOL’s Repository of Practice: Application of Articles 2 and 3 of INTERPOL’s Constitution in the context of the processing of information via INTERPOL’s channels; and

-          Fact Sheets on a range of topics including key statistics (some of which are referenced below), the NDTF and its compliance review including the scope and the process of review, the Notices System and INTERPOL’s Databases.15

24.   The General Secretariat continues to update its website to provide further information to the public.

INTERPOL’s Data Protection Framework

25.   Since 1982, to provide safeguards in line with evolving international and European data protection standards, INTERPOL has continuously updated its rules on data protection, on average about every three years, based on the review by the Committee on the Processing of Data, a standing committee established by INTERPOL’s General Assembly. For example, the RPD, introduced in 2011 to replace the previous data processing rules require that each member country designate a Data Protection Officer.16 The appointment of an INTERPOL Data Protection Officer, who reports directly to the Secretary General, was added to the RPD in 2016.17 The INTERPOL Data Protection Officer conducts regular compliance checks to monitor compliance with the RPD, assists business units in the process of data protection impact assessments, advises on data processing through new technologies which are likely to create high risks for individuals, conducts data protection training, strengthens the data protection culture at INTERPOL through awareness raising activities, and ensures the continued development of data protection and privacy by design solutions. Further information on INTERPOL’s data protection framework is made available on the Organization’s website.18

Commission for the Control of INTERPOL’s Files

26.   The Commission for the Control of INTERPOL’s Files (CCF) is an independent body that ensures

personal data processed through INTERPOL channels conforms to the rules of the Organization.

27.   The role of the CCF is described in Article 36 of INTERPOL’s Constitution, and the independence of

the Commission is enshrined both in the Constitution and in Article 4 of the CCF Statute.

28.   The CCF is composed of two chambers:

-          A Supervisory and Advisory Chamber that ensures the processing of personal data by

INTERPOL is in compliance with INTERPOL’s Rules, and provides INTERPOL with advice about

15 https://www.interpol.int/How-we-work/Notices/Compliance-and-review

16 INTERPOL’s Rules on the Processing of Data, Article 121

17 INTERPOL’s Rules on the Processing of Data, Article 121A

18 https://www.interpol.int/Who-we-are/Legal-framework/Data-protection

any project, operation, set of rules or other matter involving the processing of personal data in the INTERPOL Information System.19

-          A Requests Chamber that examines and decides on requests for access to data and/or for the correction or deletion of data processed in the INTERPOL Information System.20

29.   It is the Requests Chamber to which individuals can direct concerns regarding information INTERPOL may hold about them. Individuals have the right to submit directly and free of charge to the Requests Chamber, a request for access to, or correction and/or deletion of data concerning them that may have been processed in the INTERPOL Information System.21 Such requests are treated by the Requests Chamber as confidential and they are not recorded in the INTERPOL Information System.22

30.   Further, an individual who has made a request may ask the Requests Chamber to restrict the communication of information.23

31.   Clear timeframes are defined by the CCF Statute to ensure a timely review of applications. The decisions of the Requests Chamber are final and binding on INTERPOL and are promptly implemented by the General Secretariat. All member countries that were in receipt of the Notice or Diffusion are immediately notified of the decision to delete by the CCF. Copies of the CCF’s written decisions are provided to the individual and the relevant NCB, subject to confidentiality requirements and any requested restrictions.24 To enhance transparency and provide the public with a better understanding of the CCF’s work and jurisprudence, selected anonymized decisions have been made available on the CCF’s webpage.25

32.   In 2016, a new CCF Statute was adopted as part of a suite of reforms aimed at protecting the integrity of the Notices and Diffusions system. The main reforms of the CCF implemented through its new Statute include:

-          Making decisions of the CCF legally binding on INTERPOL’s General Secretariat. This means that if the CCF concludes that a Red Notice, a WPD or any other data recorded in INTERPOL’s databases does not comply with INTERPOL’s rules, the General Secretariat is obliged to delete such data, and member countries may not use INTERPOL channels with respect to the deleted data;

-          Reinforcing the independence of the CCF and the impartiality of its members, including through new Operating Rules that formalize the conditions for withdrawal, recusal, or dismissal of a particular member;

-          Detailing the remedies that may be awarded by the CCF and the considerations in awarding them;

-          Expanding the composition of the CCF from five to seven members who are experts in the various fields of activities linked to the processing of personal data through INTERPOL’s channels;

-          Formally recognizing the authority of the CCF to decide on provisional measures (including blocking access to data), in order to effectively address urgent situations;

19 Statute of the Commission for the Control of INTERPOL’s Files, Articles 3 and 6

20 Ibid

21 Statute of the Commission for the Control of INTERPOL’s Files, Article 29

22 Statute of the Commission for the Control of INTERPOL’s Files, Article 20

23 Statute of the Commission for the Control of INTERPOL’s Files, Article 35

24 Ibid

25 The CCF webpage includes also information about the procedures for the submission of applications, CCF’s rules, CCF’s annual reports, etc

-          Requiring CCF decisions to be reasoned, in writing, and to contain a summary of the proceedings including the submissions of the parties, a statement of facts, the application of INTERPOL’s Constitution and the RPD, and an analysis of legal arguments.

33.   A revision of the CCF Statute and corresponding rules and procedures was launched by INTERPOL in 2024.

34.   The CCF publishes an annual report that includes a variety of statistical information, including the number of cases subject to complaints that are considered compliant or not compliant with INTERPOL’s Constitution and Rules.26

Points on key inaccuracies in testimony provided to the Joint Committee on 12 March 2025

(a) Numbers of Red Notices issued

35.   It was wrongly stated that Russia is responsible for issuing “something like” 40-45% of all Red Notices. There is no single country predominant in the use of Red Notices. The tool is used by member countries across different regions. In fact, based on the latest figures from 2024, no single member country publishes more than 5-7% of the entire publication of Red Notices in the given year.

36.   It was suggested that INTERPOL had issued Red Notices for Bill Browder and Mikhaïl Khodorkovski. We can confirm that no Red Notice has ever been issued for either individual.

37.   In relation to the number of Red Notices issued per year, it was wrongly claimed that this peaked in 2020 with around 29,000 Notices issued. The actual number of Red Notices published each year is listed below. This information is partially publicly available on our website and the updated version will be published in due course:

In-depth review process

38.   Another wrong statement provided at the Committee’s hearing described the Notice review process as consisting of a “very basic level of scrutiny” or a “lack of scrutiny”, as well as the submission process. As detailed at paragraphs 13 to 18 above, the NDTF has specialized teams operating robust policies and processes to prevent the misuse of INTERPOL systems.

26 The CCF annual reports are available on the CCF webpage at https://www.interpol.int/Who-we- are/Commission-for-the-Control-of-INTERPOL-s-Files-CCF/About-the-CCF.

39.   If there is any doubt about a request’s compliance with the Organization’s Constitution and rules

- which direct INTERPOL to conduct its activities in the spirit of the Universal Declaration of Human Rights and which strictly prohibit any political, religious, military or racial activity – it is subject to an in-depth review. Relevant information, including from external sources or from countries other than the requesting country, is examined to ensure that data contained within a requested Notice or Diffusion comply with INTERPOL rules. For example, the NDTF assesses the status of the individual concerned (is the individual, for instance, a political activist or refugee?) and the general context of the case (e.g. was the Notice submitted in the context of domestic political unrest or an inter-state dispute?).

40.   INTERPOL also regularly assesses its policies and processes to ensure that they remain as robust as possible.

41.   No member of the Executive Committee, including the President, is involved in the review process of incoming or existing Notices and Diffusions.

Funding

42.   The EUR 50 million funding referenced as having been received by INTERPOL from the UAE was received over a nearly six-year period, not three or four as claimed at the hearing. Details of all financial contributions are publicly available on our website. Below are the totals from the top five additional contributors over the past five years (2020 – 2024 inclusive).

European Union – EUR 59.7 million United States – EUR 23.5 million Canada – EUR 20.8 million Germany – EUR 20 million

United Kingdom – EUR 11.5 million

43.   Regardless and to remove any doubt, the contributions from the UAE or any other member country are unrelated to the INTERPOL Notices and Diffusions system and have no impact whatsoever on any decision issued by the NDTF or the CCF on compliance of Notices and Diffusions with INTERPOL’s rules.

CCF

44.   Various points were made at the hearing which merit clarification. Decisions by the CCF are equally binding on the member country as the individual. If the CCF decides to cancel a Red Notice, the member country also has no right of appeal. The CCF’s role is not to assess the validity of the case at the national level, but to ensure the use of INTERPOL’s network is compliant with the Organization’s Constitution and rules.

45.   It was suggested that the CCF panel had very limited time during in-person sessions to consider specific cases and that therefore the numbers considered were low. The CCF also adopts decisions between the in-person sessions, notably through delegations of powers to selected CCF members appointed as Rapporteurs, further to Article 17 of the CCF Statute

Elections

46.   There was some speculation about the constitution of the Executive Committee. The elections process for the Executive Committee is open and democratic. Details of all candidates are made publicly available, and in 2023 the General Assembly approved a resolution for a Code of Conduct for INTERPOL Election Campaign Activities and Appointments.27

Corrective measures

47.   Under the RPD, INTERPOL may apply interim and/or corrective measures in relation to data processing activities (publication of Notices and Diffusions, access to INTERPOL’s databases, etc.) by a certain member country.28 Without engaging in a discussion on any specific country, since this topic was mentioned at the hearing, some clarifications follow:

48.   Corrective measures are not meant to be punitive but rather to guide a member country towards improving its performance, in particular if consistent non-compliance patterns – notably in relation to Articles 2 and 3 of the Constitution - have been identified. The measures are tailored to a particular situation and may range from enhanced monitoring of outgoing communication from the country concerned to full disconnection from the INTERPOL Information System. Usually, the measures are imposed at the first level by the General Secretariat – sometimes, as needed, on an urgent basis – and are later confirmed by the Executive Committee. All member countries receive regular updates on the corrective measures imposed.

49.   Experience obtained through the application of measures in recent years demonstrates that corrective measures indeed contribute to improvements in the compliance rates of countries. For example, through the application of corrective measure on one country, within a year the number of non-compliant cases dropped to practically zero. Currently, there are six countries under various corrective measures.

Opportunities to Assist

50.   INTERPOL focuses on protecting the integrity of its Notices and Diffusions so that law enforcement officials in the 196 member countries may continue to rely on them as vital tools for international police cooperation. INTERPOL therefore takes very seriously suggestions for ways in which these valuable tools may be improved. This document sets out the variety of processes in place through which INTERPOL seeks to strengthen and maintain the integrity of the Notices and Diffusions system, and INTERPOL takes this opportunity to suggest ways in which member countries, including the UK, can assist in this work:

a)      Dedicated resources, in the form of financial contributions or secondments of staff (lawyers, police officers or analysts) to assist INTERPOL’s efforts to improve the integrity of the Notices and Diffusions system.

b)      The continued engagement of the UK with other member countries including in the context of INTERPOL’s activities (e.g. meetings of governing organs and working groups) with a view to ensuring support for additional reforms proposed to further protect and ensure the integrity of INTERPOL’s Notices and Diffusions.

c)       INTERPOL welcomes and encourages the receipt from member countries of any information that may impact the continued compliance of a Notice or Diffusion with INTERPOL’s Constitution and the RPD:

27 https://www.interpol.int/fr/content/download/22137/file/E%20CodeOfConduct_INTERPOLElections.pdf

28 Articles 17(5), 129 and 131 of the RPD

i.            Confirmation of refugee status granted to an individual who is the subject of a Notice or Diffusion.

ii.            Notification that an extradition request has been denied, especially when the reason for denial may be relevant to an assessment of the compliance of a Notice or Diffusion with Articles 2 or 3 of INTERPOL’s Constitution; and

iii.            Information confirming the veracity or reliability of information from non-governmental sources.

51.   INTERPOL Notices and Diffusions are vital tools for global safety, which is why we are constantly reviewing, assessing and updating our procedures and tools to ensure the greatest level of integrity in the system, and trust in our work.

52.   INTERPOL was created from the need to stop criminals fleeing from justice simply by crossing a

border. That need has not gone away; in fact, in today’s globalized world it is greater than ever.

53.   It is precisely our efforts in supporting international police cooperation, especially where diplomatic relations do not exist, which makes INTERPOL an essential part of global security.

(March 2025)