UK judge-lead investigation
The Human Rights Commissioner of Council of Europe, Thomas Hammerberg, in his statement of 9 June 2010 declared that time has come, to break the vow of silence which arose surrounding the subject of violating human rights in the so-called ‘war on terror’. In relation to the above, he calls upon European countries to commence activities leading to clearing up accusations that secret American prisons of the Central Intelligence Agency (CIA) existed on their soil, in which torture of people suspected of terrorism could be held.
The Human Rights Commissioner as a form of appropriate reaction to such serious allegations, like the probable co-partnership of British intelligence in the use of torture regarding terrorism suspects, presented the United Kingdom. In response to the ongoing court procedures initiated by twelve ex-prisoners, the newly-appointed government of the United Kingdom decided to begin a legal proceeding on the issue. The inquiry is to be headed by judge William Hague. The prisoners upheld, that as victims of the so-called ‘war on terror’ they were tortured multiple times by the United States, Palestine and other countries during interrogations. They also stated that British officers of the secret service worked with CIA during these interrogations. The Human Rights Commissioner, Council of Europe emphasized that the British proceeding will be of significant importance. It should be conducted in a complex manner and stand as an example to other European nations.
Obligation to clarify the allegations
The Human Rights Commissioner stressed that currently a series of information has been disclosed that indicate the probability of manifold use of torture, illegal detention of prisoners as well as other grave violations of human rights within the framework of the war on terror after the attacks of 11 September 2001. It is a key issue that the recalled accusations are subjects of an comprehensive and thorough investigation. This is the obligation constituted by the European Convention of Human Rights. Each country which is a party of the Convention is under positive obligation to provide appropriate explanation of any allegations that human rights might have been violated on their territory.
Situation in Poland
Among the countries, which currently did not sufficiently impel a suitable explanation to the above indictment, the Human Rights Commissioner, indicated Poland as one. In the opinion of the Commissioner, Poland did not provide sufficient verification of the information which were publicized in two reports prepared by senator Dick Marty for the Council of Europe in 2006 as well as in 2007. They included the involvement of Poland in a program of secret CIA prisons, in which there were allegedly held individuals suspected of terrorist activity. The Human Rights Commissioner stated that the investigation held from 2008 by the Procurator’s Court of Appeal in Warsaw still remains several questions unanswered. One of them is the involvement of Polish authorities in undertaking the decision leading to a loss of sovereignty of a part of Polish territory, or the involvement of special intelligence services in acquiring security and secrecy of the CIA operation.
Furthermore, in Helsinki Foundation for Human Rights opinion, no parliamentary investigation was conducted and the one led by the Appeals Prosecutor in Warsaw could be determined as a lengthy and ineffective. It is taking place in the subject of the abuse of powers by civil servants, (art. 231(1) penal code), however, until now there has been no resolution of the case provided. Public opinion does not know any facts from this procedure, including even the estimated date of its closure, due to the calling by governmental authorities for state secrecy. The only information concerning the involvement of Polish authorities in the CIA rendition which have been given to the public domain directly results from activities undertaken by the Helsinki Foundation for Human Rights commenced on the Freedom of Information Act of 6 September 2001 regarding access to public information.
Human rights violations and state secrecy
As the Human Rights Commissioner, Council of Europe indicated, calling upon state secrecy surrounding the entire investigation does not justify the refusal to disclose information in a case where human rights violations are involved. One of the causes of state unwillingness to hold a case in a manner of openness could be the fright of the deterioration of the relationship with American special services. Exchange of information on a basis of secrecy in between secret intelligence units is the fundament of their cooperation. Human Rights Commissioner, Council of Europe recalled the example of Canada. In the case of Maher Ara, a citizen of Canada, who in the result of a mistake was stopped on the American border, and subsequently taken to a base in Syria, where he was subjected to interrogations involving torture, Canadian authorities undertook complex explanation procedure. This did not interfere though with the cooperation with American secret service. In the opinion of the Human Rights Commissioner, the Canadian procedure also stands as an example of a correctly undertaken investigation.
The Helsinki Foundation for Human Right appeal
In relation to the above, the Helsinki Foundation for Human Rights appealed for the Prosecutor General to present its opinion relating to the declaration of the Human Rights Commissioner, Council of Europe. The Foundation also asked, regarding the investigation of the Appeal Prosecutor in Warsaw, to take into consideration the postulates of the declaration addressed to Poland, this including the postulate of the utmost need of a complex and appropriate explanation of the questions regarding alleged existence of secret CIA facilities in Poland.
The Foundation also included itself in the appeal of the Human Rights Commissioner and asked for immediate and full clarification of the charges relating to the existence on Polish territory secret CIA facilities and illegal handling of terrorism suspects in them.
As the Human Rights Commissioner draw attention to, in a modern world there is a need for undertaking activities in the goal of fighting with terrorism. The mistake that has been committed after the attacks of 11 September 2001 was not the will to fight it, but the choice of methods which were used. Terrorism cannot be fought with the same means, as used by the terrorists themselves. In duration of the so-called ‘war on terror’, also in Europe, there could have been numerous violations on human rights, whose victims could be innocent people. It is indispensable, then, that all steps are taken in the goal of preventing such infringements in the future.
