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By contrast, the notes on Turkey provide a thorough
accounting of repression against people affiliated with the
Gülen movement, including Turkey’s extradition requests,
forced disappearances, passport cancellation, and coercion
–by proxy of alleged Gulen supporters abroad.33 Similarly,
a China note on Uighurs in Xinjian includes a small section
titled, “Restrictions of those outside of China,” which identifies
problems such as passport confiscation, surveillance, and
coercion by proxy.34
Migration officials are also not encouraged to seek out
further knowledge to supplement the incomplete countryof-origin information they are provided. An investigation by
the Independent Chief Inspector of Borders and Immigration
found that “training did not adequately equip [asylum decision
makers] with the skills to conduct a substantive interview or
make decisions.” 35 The report also describes a “refusal culture,”
and trainers have allegedly told asylum decision makers that
their performance would partly be evaluated on their refusing
more applications than they grant.36 Another problem the
report identified is that staff felt pressure to meet their
caseload targets, at the expense of thoroughly considering
each individual case.
Extradition requests and cooperation with
foreign governments
The UK has strong provisions against unlawful extraditions.
Circumstances that bar extradition include the possibility
that the individual will face capital punishment in their
home country and “improperly motivated” requests where
there is a risk of “prejudice to the requested person,” which
offers a safeguard against politically motivated extraditions.
Courts must also consider whether “extradition would be
disproportionate or would be incompatible with the requested
person’s human rights.” 37
The UK has extradition agreements with several countries that
have perpetrated physical transnational repression including
Russia, Turkey, Azerbaijan, Libya, India, Nigeria, Thailand, and
the United Arab Emirates. However, extradition requests from
all non-EU countries are reviewed by the secretary of state
before being passed to a judge for their decision whether to
issue a warrant. If a warrant is issued, extradition hearings take
place before a court, and eventually the secretary of state is
involved in the final decision of whether to order an extradition.
Extradition requests from governments that do not have a
treaty with the UK are first vetted by the secretary of state.38
Outside of extradition treaties, the UK has mutual legal
assistance (MLA) agreements with a number of perpetrators
of transnational repression, including China, Saudi Arabia,
and Vietnam.39 These agreements usually concern requests
for assistance or information in criminal cases. The requests
are processed through the Home Office and may involve
search warrants. UK government guidance requires a human
rights assessment when considering an MLA and lists political
motivation as grounds for refusal.40 Nevertheless, the judicial
oversight that plays a centra role in consideration of extradition
requests is absent from the MLA assessment process.
People interviewed for this report expressed concerns that
not enough resources were directed towards MLA review
processes to ensure protection from exploitation.
Processes for handling Interpol requests are inconsistent.
As spurious Interpol notices are a tool commonly used for
detaining and extraditing opponents abroad, gaps in how they
are treated open the door to transnational repression. With the
exception of those initiated by a handful of the UK’s democratic
partners, Interpol notices and diffusions are not grounds for
arrest in the UK; they must first be reviewed and produce a
domestic warrant as outlined in the process for extradition
requests.41 However, requests for information via Interpol
appear to have a lower standard of review. The National Crime
Agency centralizes intake of Interpol notices and diffusions and
disperses them to relevant law enforcement agencies, which
then have the discretion to execute the request, subject to any
data sharing agreement.
Processes for handling Interpol
requests are inconsistent.
The experience of Zaina Erhaim, a Syrian journalist and activist,
reveals another loophole in intergovernmental cooperation
that can facilitate transnational repression. In 2016, the Syrian
government was successfully able to co-opt British authorities
into detaining Erhaim by reporting her passport as stolen.
Border police detained and questioned Erhaim, who lived in
Turkey at the time, and confiscated her passport. The Home
Office responded to the incident by saying that it is obligated
to confiscate passports that are reported as stolen.42
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