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Guantánamo Bay detainees claim Poland allowed CIA torture Guantánamo Bay detainees claim Poland allowed CIA torture
(35 minutes later)
Lawyers for two men subject to extraordinary rendition by the CIA have on Tuesday told the European court of human rights (ECHR) that Poland, which permitted a secret 'black' site to operate on its territory, should also be held responsible for their torture. Lawyers for two men subject to extraordinary rendition by the CIA told the European court of human rights (ECHR) on Tuesday that Poland, which permitted a secret "black" site to operate on its territory, should also be held responsible for their torture.
Abd al-Rahim Hussayn Muhammad al-Nashiri, a Saudi Arabian national of Yemeni descent and Zayn al-Abidin Muhammad Husayn, also known as Abu Zubaydah, a stateless Palestinian, maintain they were waterboarded during interrogation in Poland. Both men are currently held by the US in Guantánamo Bay, Cuba. Abd al-Rahim Hussayn Muhammad al-Nashiri, a Saudi Arabian national of Yemeni descent and Zayn al-Abidin Muhammad Husayn, also known as Abu Zubaydah, a stateless Palestinian, maintain they were waterboarded during interrogation in Poland. Both men are being held by the US in Guantánamo Bay, Cuba.
The Strasbourg court also heard a submission from Ben Emmerson QC, the UN special rapporteur on counter-terrorism, who argued that where gross or "systematic human rights violations are alleged to have occurred, the right to know the truth is not only an individual right that belongs to the immediate victim of the violation, but also a collective right that belongs to the whole of society".The Strasbourg court also heard a submission from Ben Emmerson QC, the UN special rapporteur on counter-terrorism, who argued that where gross or "systematic human rights violations are alleged to have occurred, the right to know the truth is not only an individual right that belongs to the immediate victim of the violation, but also a collective right that belongs to the whole of society".
Nashiri, who was born in 1965, is the prime suspect of the terrorist attack on the US navy ship USS Cole in the harbour of Aden, Yemen, in October 2000. He is also suspected of playing a role in the attack on the French oil tanker MV Limburg in the Gulf of Aden in October 2002. Husayn, born in 1971, was considered by the US authorities to be a key member of al-Qaeda and is alleged to have been involved in planning the September 11 attacks on New York and Washington. Nashiri, who was born in 1965, is the prime suspect of the terrorist attack on the US navy ship USS Cole in the harbour of Aden, Yemen, in October 2000. He is also suspected of playing a role in the attack on the French oil tanker MV Limburg in the Gulf of Aden in October 2002. Husayn, born in 1971, was considered by the US authorities to be an important member of al-Qaida and is alleged to have been involved in planning the September 11 attacks on New York and Washington.
They claim that after being captured by the CIA they were transferred on the same 'rendition' plane in December 2002 to a secret detention site in Poland, with the knowledge of the Polish authorities, for the purpose of interrogation and were tortured. They claim that after being captured by the CIA they were transferred on the same "rendition" plane in December 2002 to a secret detention site in Poland, with the knowledge of the Polish authorities, for the purpose of interrogation and were tortured.
Nashiri maintains he was seized in Dubai in October that year and subsequently moved around secret CIA detention facilities in Afghanistan and Thailand before being taken to Poland. He remained in a secret detention centre until early June 2003, when he was secretly transferred, with the assistance of the Polish authorities, to Morocco and then, in September 2003, to the US naval base in Guantánamo Bay.Nashiri maintains he was seized in Dubai in October that year and subsequently moved around secret CIA detention facilities in Afghanistan and Thailand before being taken to Poland. He remained in a secret detention centre until early June 2003, when he was secretly transferred, with the assistance of the Polish authorities, to Morocco and then, in September 2003, to the US naval base in Guantánamo Bay.
He says he was subjected to the so-called 'waterboard technique', where a detainee is tied to a bench with his feet elevated above his head, a cloth placed over his mouth and nose and water poured on to the cloth producing the sensation of drowning and suffocation. He says he was subjected to the so-called "waterboard technique", where a detainee is tied to a bench with his feet elevated above his head, a cloth placed over his mouth and nose and water poured on to the cloth producing the sensation of drowning and suffocation.
Nashiri alleges he was also forced into prolonged stress positions – kneeling on the floor and leaning back – and was threatened that his family would be abused if he did not provide information.Nashiri alleges he was also forced into prolonged stress positions – kneeling on the floor and leaning back – and was threatened that his family would be abused if he did not provide information.
Husayn says that, having been captured in Pakistan in March 2002 and subsequently transferred to a secret CIA detention facility in Thailand, he was brought to Poland in early December 2002 where he was held in a secret CIA detention facility until September 2003.Husayn says that, having been captured in Pakistan in March 2002 and subsequently transferred to a secret CIA detention facility in Thailand, he was brought to Poland in early December 2002 where he was held in a secret CIA detention facility until September 2003.
According to his submissions, Husayn was subjected to waterboarding and was placed in a box and exposed to extreme noise. Following his transfer to Guantánamo Bay, he has not been charged with any criminal offence.According to his submissions, Husayn was subjected to waterboarding and was placed in a box and exposed to extreme noise. Following his transfer to Guantánamo Bay, he has not been charged with any criminal offence.
A criminal investigation in Poland against persons unknown concerning secret CIA prisons on Polish territory was opened in March 2008. The authorities have not disclosed the exact terms of reference or the precise scope of the investigation.A criminal investigation in Poland against persons unknown concerning secret CIA prisons on Polish territory was opened in March 2008. The authorities have not disclosed the exact terms of reference or the precise scope of the investigation.
According to Husayn's lawyers, communication with him is extremely restricted, making it impossible to pass on information or evidence directly from him to the ECHR. The presentation of his case is principally based on publicly available sources.According to Husayn's lawyers, communication with him is extremely restricted, making it impossible to pass on information or evidence directly from him to the ECHR. The presentation of his case is principally based on publicly available sources.
Pádraig Hughes, a lawyer with Interights who presented the cases, said before the hearing: "Despite the best efforts of Poland to hide its involvement in the US led extraordinary rendition programme, there is clear evidence of its complicity.Pádraig Hughes, a lawyer with Interights who presented the cases, said before the hearing: "Despite the best efforts of Poland to hide its involvement in the US led extraordinary rendition programme, there is clear evidence of its complicity.
"The ECHR now has an opportunity to examine that evidence properly and to ensure that Poland is held accountable for its involvement in Abu Zubaydah's torture and ill treatment. We hope that the court's ruling will make it clear that the actions by the Polish authorities were a clear violation of human rights and should never be repeated by any country that properly respects human rights and the rule of law.""The ECHR now has an opportunity to examine that evidence properly and to ensure that Poland is held accountable for its involvement in Abu Zubaydah's torture and ill treatment. We hope that the court's ruling will make it clear that the actions by the Polish authorities were a clear violation of human rights and should never be repeated by any country that properly respects human rights and the rule of law."
The case continues.The case continues.
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