European Court of Human Rights Finds Romania Complicit in CIA Detention Program (May 31, 2018) [1]
On May 31, 2018, the European Court of Human Rights ruled [3] in Al Nashiri v. Romania that Romania violated the European Convention on Human Rights when it assisted the U.S. Central Intelligence Agency (CIA) with its secret detainee program. According to the press release [4], the applicant, Abd Al Rahim Husseyn Muhammad Al Nashiri, alleged that Romania let the CIA “transport him under the secret extraordinary rendition programme onto its territory and had allowed him to be subjected to ill-treatment and arbitrary detention in a CIA detention ‘black site.’” Although the Court had no direct access to Al Nashiri, who is currently being held by the United States at the Guantánamo detention facility in Cuba, the Court determined that the extensive evidence presented by experts and politicians involved in the case “proved that a CIA secret detention centre had operated in Romania from September 2003 to November 2005 and that Mr Al Nashiri had been held there from April 2004 to at the latest November 2005.” The Court held that through its participation in the program, Romania violated Article 3 (prohibition of torture); Article 5 (right to liberty and security); Article 8 (right to respect for private life); Article 13 (right to an effective remedy) in conjunction with Articles 3, 5 and 8; Article 6 § 1 (right to a fair trial within a reasonable time); and Articles 2 (right to life) and 3 taken together with Article 1 of Protocol No. 6 (abolition of the death penalty).