Today, 24 July 2014, the European
Court of Human Rights delivered two very important judgements in the cases of
Al Nashiri v. Poland (application no. 28761/11) and Husayn (Abu Zubaydah) v.Poland (no. 7511/13), respectively, concerning allegations of torture,
ill-treatment and secret detention of two men suspected of terrorist acts.
The applicants, both Saudi
nationals, alleged that they were held at a CIA “black site” in Poland. The
Grand Chamber judges held unanimously that Poland cooperated in the
“preparation and execution of the CIA rendition, secret detention and
interrogation operations” of two terrorism suspects.
Polish officials have previously
denied the existence of a CIA prison on its territory. The United States has
acknowledged that it kept Al Qaeda suspects in facilities outside of US
jurisdiction, but has been unwilling to identify the exact locations of those
facilities.
In both cases, the European Court of
Human Rights held there had been:
- a violation of Article 3
(prohibition of torture and inhuman or degrading treatment) of the Convention,
in both its substantive and procedural aspects; a violation of Article 5 (right
to liberty and security);
- a violation of Article 8 (right to
respect for private and family life);
- a violation of Article 13 (right
to an effective remedy);
- a violation of Article 6 § 1
(right to a fair trial).
Regarding Al Nashiri, the Court
further held that there had been a violation of Articles 2 (right to life) and
3 of the Convention taken together with Article 1 of Protocol No. 6 (abolition
of the death penalty).
As a matter of just satisfaction
(Article 41), the court held that Poland was to pay each applicant 100,000
euros (EUR) in respect of nonpecuniary damage. In the case of Husayn (Abu
Zubaydah) it also awarded the applicant EUR 30,000 in respect of costs and
expenses. No claim for costs and expenses was made in the case of Al Nashiri.
ECHR also stated in both cases that Poland had failed to comply with its obligation under Article 38 of the European Convention on Human Rights - obligation to furnish all necessary facilities for the effective conduct of an investigation.
ECHR also stated in both cases that Poland had failed to comply with its obligation under Article 38 of the European Convention on Human Rights - obligation to furnish all necessary facilities for the effective conduct of an investigation.
