Landmark European Court Decision Sends Clear Message on Ending Impunity for European Complicity in CIA Torture

This guest post was written by Amrit Singh. Amrit Singh is Senior Legal Officer for National Security and Counterterrorism at the Open Society Justice Initiative and acted as counsel in al Nashiri v. Poland.

In the woods, about 160 kilometres north of Warsaw, in a village called Stare Kiejkuty, sits a Polish intelligence base that was used during World War II by German intelligence officials and later by the Soviet military. More recently, during 2002 and 2003, in a joint operation with the Polish authorities, the CIA secretly imprisoned, tortured and ill-treated Abd al Rahim al Nashiri and Abu Zubaydah on that base. There, in a secluded villa hidden from sight, CIA interrogators subjected our client, al Nashiri, to mock executions while he stood naked and hooded before them; to painful stress positions that nearly dislocated his arms from his shoulders; and to threats of bringing in his mother to sexually abuse her in front of him.

On July 24, 2014, the European Court of Human Rights became the first Court to adjudicate through two cases–al Nashiri v. Poland, and Husayn (Abu Zubaydah) v. Poland–the flagrant rule of law violations associated with this joint operation.

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The multifaceted and crucial role played by NGOs at the European Court of Human Rights

This guest post was written by Laura Van den Eynde, Doctoral Researcher at Université libre de Bruxelles. (*)

On 17 and 24 July 2014, the European Court of Human Rights decided three cases, one against Romania concerning the death of a mentally disabled and HIV-positive young Roma and two other cases against Poland concerning the detention and transfer of terrorist suspects who were subjected to torture.[1] Beyond the fact that the cases involve particularly shocking human rights violations and that the judgments are quite long, what else would they have in common? As will be demonstrated hereunder, these cases would not have been decided – or decided with that information at hand – if there hadn’t been civil society organizations caring to denounce and document the human rights violations at stake. Continue reading