CIA above the law? Secret detentions andunlawful inter-state transfers of detainees in Europe

Has Europe become ”a happy hunting ground” for foreign security services? Is it acceptable, in the name of common security and the fight against terrorism, for citizens to be kidnapped, transferred and arbitrarily detained in secret prisons, and then tortured, on the mere suspicion or terrorism and in defiance of international law? Two investigations by the Parliamentary Assembly into the High Value Detainee (HVD) programme set up by the US Administration after the attacks of 11 September have revealed the global “spider’s web” spun by the CIA. The so-called “extraordinary renditions” programme has resulted in numerous serious human rights violations. It has only been able to function through the co-operation of certain Council of Europe member states, despite the fact that they are bound by European human rights Conventions. Furthermore, the European Commission for Democracy through Law has included its expert legal opinion on general international legal principles and the responsibility that Council of Europe member states would incur if they, either deliberately or by negligence, failed to meet their obligations. This book, with its revealing eye-witness accounts, gives credence to the Council of Europe’s position that if measures to combat terrorism are to be effective in the long term, they must respect human rights and the rule of law.

Chronology of Council of Europe action Part 1: Secret detentions and transfers of detainees in Europe Reports of the Parliamentary Assembly I. Alleged secret detentions and unlawful inter-state transfers of detainees involving Council of Europe member states (first report Marty) Summary Adopted texts Explanatory memorandum I. Are human rights little more than a fair-weather option II. The global “spider’s web III. Specific examples of documented renditions IV. Secret places of detention V. Secret detentions in the Chechen Republic VI. Attitude of governments VII. Individual cases: judicial proceedings in progress VIII. Parliamentary investigations IX. Commitment to combating terrorism X. Legal perspectives XI. Conclusion Appendices II. Secret detentions and illegal transfers of detainees involving Council of Europe member states (second report Marty) Summary Adopted texts Explanatory memorandum Introductory remarks – an overview I. The “Dynamics of truth II. Secret detentions in Council of Europe member states III. Secret detention operations in Poland IV. Secret detention operations in Romania V. Human rights abuses involved in the CIA secret detention programme VI. Secrecy and cover-up: how the United States and its European partners evade responsibility for CIA clandestine operations VII. Secret detentions and renditions: the diminishing effect on respect for human rights worldwide VIII. Need for consensus solutions to the HVD dilemma whilst ensuring respect for human rights Appendices Addendum to the report 1. Dissenting opinion by the delegation of Poland to the Parliamentary Assembly 2. Dissenting opinin by the delegation of Romania to the Parliamentary Assembly Part 2: Legal obligations of Council of Europe member states in respect of secret detention facilities and inter-state transport of prisoners. Opinion of the European Commission for Democracy through Law (Venice Commission) Introduction Section I: The legal regime A. General principles B. Human rights law C. International humanitarian law D. General principles of civil aviation E. Military bases F. Article V of the NATO Treaty Section II: The international legal obligations of Council of Europe member statesA. Council of Europe member states’ obligations in respect of arrests by foreign authorities on their territory B. Council of Europe member states’ obligations in respect of alleged secret detention facilitiesC. Council of Europe member states’ obligations in respect of inter-state transfers of prisoners Conclusions