On 21-22 March 2024, the International Commission of Jurists (ICJ), together with Forum for Human Rights, Human Rights in Practice, aditus and Free Courts, held a workshop on tackling attacks on judicial independence and the autonomy of the prosecution through disciplinary and criminal proceedings, in Prague.
Today, in Brussels, the ICJ held a roundtable discussion on the impact of counter-terrorism laws on specific groups, including children, and ethnic and religious groups.
The roundtable brought together 34 judges, lawyers, NGOs and other experts from countries including Germany, France, Italy, the Netherlands, Poland, Belgium, Portugal, Romania, and Spain to discuss how the rights of children and of ethnic and religious minorities can be best protected in applying counter-terrorism legislation in the courts, especially in light of the EU Directive 2017/541 on Combatting Terrorism.
This was the last of four roundtables held by the ICJ and its partner organizations between April and November 2019 in the framework of the EU funded project “Judges Uniting to Stop Terrorism with International, Constitutional and European law (JUSTICE).”
The discussion in the first session of the roundtable addressed the disproportionate impact of counterterrorism laws on ethnic and religious groups. It focused on compliance with the principle of non-discrimination, through safeguards in legislation, in the judicial application of counter-terrorism laws, and in investigation and evidence gathering.
The second session of the roundtable addressed the particular impact of counter-terrorism legislation on children, including the challenges involved in protecting the human rights of children of “foreign fighters” and ensuring the primacy of their best interests in decisions on their return to EU countries. Participants also discussed protection of the human rights of returned children of “foreign fighters” both as victims of terrorism and where they are accused of crimes of terrorism.
See the agenda here.
This workshop was carried out with the financial support of the European Union and the Open Society Foundations. Its contents are the sole responsibility of ICJ and do not necessarily reflect the views of the European Union or the Open Society Foundations.
The European Court of Human Rights has found that Romania and Lithuania violated the human rights of Abd al-Rahim al-Nashiri and Zayn al-Abidin Muhammad Husayn, also known as Abu Zubaydah.
The court underlined both countries’ complicity in the ill-treatment of the pair while they were held in US secret detention facilities in these countries.
The judgments are a key milestone in holding European governments accountable for their involvement in illegal CIA activities in the aftermath of the 11 September 2001 attacks.
“The US could not have operated the rendition and secret detention programme without its European allies. Today’s landmark rulings break the conspiracy of silence that has surrounded the presence of these secret sites in Lithuania and Romania, and publicly underlines European governments’ widespread complicity,” said Julia Hall, Amnesty International’s expert on counter-terrorism and human rights.
“The rulings are an important milestone of accountability for victims of these flagrantly illegal practices.”
Al-Nashiri and Abu Zubaydah, currently in the US Guantánamo Bay detention facility, were subjected to enforced disappearance and torture as part of the rendition programme.
The European Court held that both governments are responsible for the men’s unlawful detention and ill-treatment in CIA ‘black sites’.
A December 2014 report by the US Senate Select Committee on Intelligence included details of al-Nashiri and Abu Zubaydah’s torture, but the names of the countries where people were held in secret sites were redacted. Courts in the USA have declined to hear cases related to the CIA operations deferring to US government claims that information about the sites should be protected as “state secrets”. There has been virtually no accountability for such abuses in the US.
“These rulings are a further step towards establishing the truth about European complicity in renditions and secret detentions, and holding European states accountable for their involvement. But the Lithuanian and Romanian governments were not alone. Many other European governments colluded with the US to illegally transfer, ‘disappear’ and torture people during rendition operations and must also be held accountable,” said Róisín Pillay, Director of the International Commission of Jurists’ (ICJ’s) Europe and Central Asia Programme.
Amnesty International and ICJ intervened in both proceedings (see Al-Nashiri and Abu Zubaydah). The organizations submitted evidence, context and expert opinion in light of precedents within the court and elsewhere.
On 13 March 2018, at the US naval base in Guantánamo Bay, Abd al-Rahim al-Nashiri began his 800th week in US custody. Abu Zubaydah is also imprisoned there, but has not been charged with any crime.
Amnesty International and ICJ have repeatedly called for the closure of the facility and the fair trial or release of those detained.
The judgments follow previous rulings against Poland, Italy, and the former Yugoslav Republic of Macedonia for their roles in the illegal rendition, torture, including waterboarding and mock execution, and enforced disappearance of alleged suspects at the hands of the CIA.
The Judgment
Based on numerous expert opinions and a 2014 US Senate Select Committee on Intelligence report on the CIA programme, the Court identified detention facilities “Detention Site Black” in Romania and “Detention Site Violet” in Lithuania.
The Court also held that both governments violated the prohibition on non-refoulement by allowing the men’s unlawful rendition to other countries despite the risk of further violations of the prohibition on torture and other ill-treatment.
In addition to the complicity in their unlawful detention and ill-treatment while detained in their respective countries, the Court held that both governments violated the prohibition on non-refoulement, which obliges states not to return anyone to a territory where they would be at risk of persecution or other serious human rights violations, by allowing the men’s unlawful rendition to other countries.
It found that Romania had violated its human rights obligations by assisting Al-Nashiri’s transfer out of Romania, despite the risk that he would face a flagrant denial of justice upon prosecution in a US Military Commission trial at Guantanamo Bay.
It also found that Romania violated Al-Nashiri’s right to life by facilitating his transfer despite the substantial and foreseeable risk that he would be facing the death penalty.
In both cases, the court held that neither state satisfied their obligation to carry out an effective investigation.
Contact
Olivier van Bogaert, Director Media & Communications at ICJ, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org
Europe-Renditions Rom & Lit-News-press release-2018-ENG (full story in PDF)
The ICJ and Amnesty International presented a third party intervention in the case Al Nashiri v Romania before the European Court of Human Rights.
In the third party intervention, the ICJ and AI outlined developments on the prohibition of arbitrary deprivation of liberty as a rule of customary international law; on the knowledge imputable to Contracting Parties at relevant times; on the duty to investigate credible allegations of human rights violations and the right to truth; and on the evidential approach to enforced disappearances.
AlNashiri_v_Romania-ICJAIJointSubmission-ECtHR-final (download the third party intervention
The ICJ today called for criminal and other investigations in Poland and Romania, following a report which confirms that the highest authorities of both countries authorised CIA secret detentions on their territories.