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Some Remarks on Poland’s Potential Responsibility for the Treatment of Detainees in a CIA Prison in Poland

100%

Wierczynska K.

Polish Yearbook of International Law

2011

vol. 31

259-283

Secret detentions, renditions, torture and other forms of cruel treatment cannot be considered as humane treatment in any situation. A State that performs such acts can obviously be held responsible, as can any other States which aid, assist, facilitate, and offer their airports or prisons. All these violations of international law were connected with the American and European counter-terrorism actions in the context of their “global war on terror”. Detaining prisoners without the consent of a competent court, without informing their families, interrogating them, torturing them and other examples of using “enhanced techniques” amount to a violation of international law and can lead to either the legal responsibility of the state, the criminal responsibility of state officials, or both. This article analyzes the scope of Poland’s potential responsibility for violations of both international and domestic law connected with the question of the detainment of American secret prisoners on Polish soil.

Domestic Investigation into Participation of Polish Officials in the CIA Extraordinary Rendition Program and the State Responsibility under the European Convention on Human Rights

84%

Bodnar A., Pacho I.

Polish Yearbook of International Law

2011

vol. 31

233-257

Poland has been accused of participation in the extraordinary rendition program established by the United States after the September 11, 2001 attacks. It is believed that a secret CIA detention facility operated on the Polish territory, where terrorist suspects were transferred, detained and interrogated with the use of torture. Currently, Poland has found itself in a unique situation, since, unlike in other countries, criminal investigation into renditions and human right violations is still pending. Serious doubts have arisen, however, as to the diligence of the proceedings. The case was incomprehensibly prolonged by shifting the investigation to different prosecutors. Its proper conduct was hindered due to state secrecy and national security provisions, which have covered the entire investigation from the beginning. This article argues that Polish judicial authorities, along with the government, should undertake all actions aiming at explaining the truth about extraordinary rendition and seeking accountability for human rights infringement. Otherwise, Poland may face legal responsibility for violating the European Convention on Human Rights. This scenario becomes very probable, since one of the Guantanamo prisoners has already lodged a complaint against Poland with the European Court of Human Rights.

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2 Polish Yearbook of International Law

1 Bodnar A.

1 Pacho I.

1 Wierczynska K.

2 2011

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Some Remarks on Poland’s Potential Responsibility for the Treatment of Detainees in a CIA Prison in Poland

Domestic Investigation into Participation of Polish Officials in the CIA Extraordinary Rendition Program and the State Responsibility under the European Convention on Human Rights