ECHR: Poland breached human rights in CIA rendition and detention cases

25 July 2014

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CIA-POLAND: European Court of Human Rights: Secret rendition and detention by the CIA in Poland of two men suspected of terrorist acts (Press release, pdf):

"The cases Al Nashiri v. Poland (application no. 28761/11) and Husayn (Abu Zubaydah) v. Poland (no. 7511/13) concerned allegations of torture, ill-treatment and secret detention of two men suspected of terrorist acts. The applicants allege that they were held at a CIA “black site” in Poland. In today’s Chamber judgments, which are not final, the European Court of Human Rights held, unanimously: 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);

in both cases, that 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); and,
a violation of Article 6 § 1 (right to a fair trial).

See: Judgments: Nashiri (pdf) and Husayn (pdf)

Press: CIA ran secret torture jail in Poland, rules EU Court of Human Rights (euractiv, link)

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ECHR: Poland breached human rights in CIA rendition and detention cases

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