Another
extraordinary rendition case has been launched in the European Court of Human
Rights (ECHR) that will be relevant to those following Guantanamo detainees:
Abu Zubaydah v Poland involves the CIA’s black
sites. The filings are available here. A
press release by Interrights, co-counsel (with Joseph Margulies and the Polish
firm Jankowski & Co.) describes the significance of the case as follows:
The
case is of interest because the complaint alleges that, through both its acts
as well as omissions – including by agreeing to house the secret detention
centre, turning a blind eye to normal protections and oversight, and otherwise
participating in and facilitating the extraordinary rendition of Abu Zubaydah
into and out of Poland – the Polish authorities are responsible for multiple
violations of Abu Zubaydah’s rights.
This
case is also important because it is the most significant (and potentially
only) European investigation into black sites underway. The decision may
help to shape the investigation, particularly because it focuses on the
benchmarks for effective review. It follows El-Masri (decided
by the ECHR in December 2012). Related cases, Abu Zubaydah v
Lithuania, al Nashiri
v Poland, and al
Nashiri v Romania, are still pending before the ECHR.
Abu
Zubaydah is a stateless Palestinian born in Saudi Arabia who was transferred to
Guantanamo Bay in 2006 and remains in indefinite detention. He has
not been charged with a crime by a military commission or court.
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