The European Court of Human Rights has handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Abu Zubaydah v. Poland. The cases were brought on behalf of Guantánamo detainees against Poland in relation to its involvement in the CIA’s rendition, detention and interrogation program, and, in particular, allowing the operation of a CIA “black site” on its territory. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, ECHR). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the European Convention on Human Rights.
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