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Posts Tagged ‘extraordinary renditions’

Lithuanian Enquiry into CIA Secret Prisons

December 22, 2009 Leave a comment

A parliamentary enquiry in Lithuania has concluded that the CIA ran two secret prisons in that jurisdiction to which various suspected terrorists were ‘extraordinarily rendered’ in the aftermath of the 11 September 2001 attacks. According to the Irish Times news report the enquiry has found that the detention centres were opened and operated in conjunction with the Lithuanian intelligence agencies and that there was no domestic political approval of them. This adds Lithuania to Poland and Romania as European jurisdictions in which such prisons operated.

This is worrying in a number of respects. First of all there is, of course, the concern that a European jurisdiction allowed for the operation of these ‘ghost prisons’. These prisons were clearly intended to circumvent US and international law. Furthermore, they were designed and operated in a manner that attempted to ensure that the domestic law of the relevant state could not be availed of by detainees in any attempt to secure their liberty. The idea of designing a detention centre that would operate outside of the law is almost certainly to ensure that intelligence officers can use whatever mechanisms they deem appropriate or necessary in order to acquire ‘intelligence’ about the detainees’ alleged activities without the spectre of legal accountability for such actions. It seems unlikely that thoughts at that time were directed towards acquiring evidence that could be used in a court of law—there would, after all, be clear questions of admissibility if sustainable claims could be made that information was acquired in an unconstitutional manner. Rather, the information to be gathered was clearly ‘intelligence’—i.e. designed to be used in counter-terrorism design and operations as opposed to in any prosecutorial process. Read more…

A Mixed Week on Accountability for Renditions

November 5, 2009 Leave a comment

Maher_Arar_31626sThis week saw two contrasting results emerging from courts in the United States and Italy regarding extraordinary rendition. In the United States, the case of Maher Arar (right) was once more rejected by the US Court of Appeals for the Second Circuit. In Italy, however, 23 CIA agents were convicted in absentia in relation to their involvement in the ‘snatching’ of Egyptian Osama Moustafa Hassan Nasr from the streets of Milan in 2003. The contrast in the courts’ approaches in these cases could hardly be more pronounced.

In Arar (opinion available here), the Court refused to allow Canadian national Maher Arar to sue the United States for sending him to Syria where he was tortured because Congress had never expressly authorised such suits. Arar therefore failed to create what is known as a Bivens action, i.e. an action for breach of constitutional rights, in relation to extraordinary rendition. This was because, the Court held, the creation of a Bivens action in this respect would have implications of foreign policy and security activity. Congress could, of course, create such an action by statute but the Court would not do so itself. There is little doubt that this will be appealed.

In Italy, in contrast, Judge Oscar Magi of the Fourth Chamber of the Court of Milan appeared to have little hesitation in convicting the 23 Americans for their involvement in rendition although there were a number of others who were not convicted as a result of diplomatic immunity and the withholding of evidence on national security grounds. This case is sure to be appealed, and no sentences are executed in Italy until all appeals are completed, but in any case the agents are not in custody. The US State Department has expressed its disappointment at the verdict. Read more…