Interpol is an international organization but one with autonomous national branches in each of its member countries and which fall under the laws of those individual countries.
The U.S. has its own Interpol force (Washington Interpol) which acts as a representative to Interpol, the international organization. Washington Interpol is composed of American citizens who are U.S. government employees (both Dept. of Justice and Homeland Security). As such, they must entirely adhere to U.S. laws and must operate within limits defined by the U.S. Constitution. This is how we can, and must, hold them to account.
There can be no doubt that Interpol is currently engaging in unprecedented domain expansion with, not only sex offender notifications, but with its system of “Notices” in general and a level of intergovernmental collusion which can only be seen as circumventing the due process rights of their own respective citizens. It is on this basis which they must be challenged.
The U.S., as I pointed out in the piece I wrote in June of this year, is, with this system of notification to foreign governments of its citizens criminal conviction history, asserting that it is not limiting the travel rights of their citizens (but which is being contemplated by International Megan’s Law were it to be signed into law).
Rather, its principle conceit is that it is simply providing advance notification to those countries to which the “offender” wishes to travel. The entirety of the decision to allow or disallow entry to those “offenders” is made, in this interpretation, solely by those foreign governments.
It is this ‘good faith’ representation by the U.S. government, in which its complicity with foreign governments to demonstrably harm the liberty interests of its citizens, which must be challenged.
There can be no reasonable interpretation of this policy of information sharing as anything other than an unwarranted attack by the U.S. Government upon the rights of its citizens.
Any court challenge mounted against this policy will almost certainly turn on this issue.
But this is where we need experienced legal counsel, if we are to move forward.
*** This was a comment on International Travel – China / Thailand by David Kennerly, Nov 21 ***