Preventing the Misuse of interpol: A Study on the Legal Safeguards of the Organization

Abstract

This article examines the role of interpol in the cases M.G. v. Bulgaria (2014) and Khadzhiev v. Bulgaria (2014), decided by the European Court of Human Rights. In both cases the applicants have suffered a violation of human rights due to an improper use of the interpol’s information system. The cases show that interpol’s internal regulations do not include enough legal safeguards to prevent member countries from misusing the tools provided by the Organization. At present interpol’s internal regulations rely mainly on internal supervision and ex-post review processes. This article addresses the inherent weaknesses of those processes, and advocates for a diversification of the current safeguards by expanding the structure of the notices and the diffusions system. Furthermore, it discusses the possibility of a more consistent use of the remedies and sanctions already present in interpol’s internal regulations.