| Human rights and the legal framework of Interpol's activity |
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In application of Article
2 of its Constitution, the Organization acts 'in the spirit of the Universal
Declaration of Human Rights'. This provision places an obligation on Interpol
to ensure that, in the conduct of its activities, human rights are observed
and respect for them encouraged.
Interpol's observance of the Universal Declaration of Human Rights
This involves assessing the place of human rights in the system of international
police co-operation, which consists primarily of making police information
supplied by one country available to the Organization's other Member States.
In this respect, Article 1(2) of the 'Rules
on International Police Co-operation and on the Internal Control of Interpol's
Archives' explicitly refers to the observance of human rights in the processing
of police information. The article states that the purpose of the Rules is
'to protect police information processed and communicated within the ICPO-Interpol
international police co-operation system against any misuse, especially in
order to avoid any threat to individual rights.'
It was in order to comply with this specific requirement that a supervisory
board, now called Commission for the Control of Interpol's Files, was
set up, under the terms of Article 15 of the Rules on International Police
Co-operation, to verify that the different texts governing nominal data held
at the General Secretariat are adhered to.
The promotion of human rights
The Organization has taken several initiatives to promote the observance
of human rights in its various fields of activities.
At its 18th session in Berne, 1949, the General Assembly adopted Resolution
No. 3, which laid down that 'all acts of violence or inhuman treatments, that
is to say those contrary to human dignity committed by the police in the exercise
of their judicial and criminal police duties, must be denounced to justice'.
The resolution also recommended that 'in all the police training schools,
special importance be attached to the complete recognition of the right of
all persons suspected of an infringement of the penal law, or any other persons,
to receive a fair and humane treatment'.
This resolution was followed, at the 45th General Assembly session (Accra,
1976), by the presentation of Report No. 20 on the work of the United Nations
concerning the preparation of a code of conduct for law enforcement officials.
More recently, Resolution No. AGN/63/RES/16,
adopted by the General Assembly at its session in Rome (1994), recommended
that the Organization's Members encourage the adoption of measures to ensure
that training on human rights was provided in police colleges. A circular
letter was subsequently sent asking member countries to keep the General Secretariat
informed of all developments concerning the implementation of this resolution.
It should also be pointed out that Interpol works in close co-operation with
the United Nations Commission on Human Rights; the Commission consults Interpol
about the texts it adopts.
A number of international instruments have also been adopted, in order to
give practical expression to the Universal Declaration of Human Rights and
form a corpus of international criminal law by defining crimes which constitute
infringements of human rights. In application of Article
2 of its Constitution, the Organization follows to the norms set out in
such texts and has always recommended that its Member States ratify these
international instruments.
Serious violations of international humanitarian law : cooperation with the
International Tribunals
Interpol co-operates with the International Tribunal for former Yugoslavia
and the Tribunal for Rwanda in the context of proceedings against persons
suspected of committing serious violations of international humanitarian law
on the territories of those countries [cf. United Nations Security Council
Resolution 827 of 25th May 1993 on the establishment of the Tribunal for former
Yugoslavia and Resolution 955 of 8th November 1994 on the establishment of
the Tribunal for Rwanda].
The violations of international humanitarian law which the two Tribunals
are competent to try are the following: grave breaches of the Geneva Conventions
of 12th August 1949 (i.e. Convention relative to the protection of civilian
persons in time of war, Convention relative to the treatment of prisoners
of war, Convention for the amelioration of the condition of the wounded and
sick in armed forces in the field, Convention for the amelioration of the
condition of wounded, sick and shipwrecked members of armed forces at sea),
violations of the laws or customs of war, genocide, crimes against humanity.
In the case of the Tribunal for former Yugoslavia, the basis for its co-operation
with Interpol is to found in Article 39 of the Tribunal's Rules of Procedure
and Evidence (adopted in 1994), which states that 'in the conduct of an investigation,
the Prosecutor may seek ... the assistance ... of any relevant international
body, including the International Criminal Police Organization (Interpol).'
From Interpol's point of view, co-operation with the Tribunal for former
Yugoslavia derives from Resolution AGN/63/RES/9,
adopted in Rome (1994), and from Report No. 13 submitted to the General Assembly
at its 63rd session dealing with the application of Article 3 of the Organization's
Constitution in the context of serious violations of international humanitarian
law. Resolution AGN/63/RES/9
invites '... the Secretary General to follow those guidelines [contained in
the report] and recommends that the NCBs do likewise, [in conformity with
their national legislations] should their co-operation be requested in connection
with investigations relating to serious violations of international humanitarian
law.' For information concerning the general principles used by the Organization
to apply Article 3, please refer to the specific legal
sheet.
During discussions at the 63rd General Assembly session (Rome, 1994), it
was agreed that co-operation of a similar nature could be envisaged with other
International Tribunals set up to judge similar violations committed on other
territories. Interpol is therefore able to provide assistance to the Tribunal
established for Rwanda. The Assembly confirmed this position at its 66th session
(New Delhi, 1997). Resolution AGN/66/RES/10
therefore 'recommends that the NCBs co-operate with the International Criminal
Tribunal for Rwanda [….] [and] asks the General Secretariat to assist
in searching for such persons [accused of serious violations of international
humanitarian law committed in Rwanda and neighbouring countries].'
An additional step has been made on 1st July 2002 with the entry into force
of the Statute of the International Criminal Court, originally adopted in
July 1998 at the Rome Diplomatic Conference. Indeed, Interpol has regularly
expressed its full support for the establishment of an International Criminal
Court and has reaffirmed its intention to work alongside with the Court in
investigating the crimes referred to in its Statute and bringing offenders
to justice. Co-operation with the International Criminal Court is already
expressly provided for in Article 87 (1)(b) of the Court Statute itself :
"when appropriate, without prejudice to the provisions of subparagraph
(a), requests may also be transmitted through the International Criminal Police
Organization or any appropriate regional organization".
