The European Court of Human Rights has today ruled that the Polish government was not only aware of but actively assisted the CIA’s European “black site” programme, which saw detainees held and tortured in secret prisons across the Continent.
In a judgement handed down today in the case of Abu Zubaydah, a Guantanamo detainee who the US has admitted it mistakenly believed to be a senior member of Al Qaeda, the court concluded that it was “established beyond reasonable doubt” that Abu Zubaydah was flown from a secret site in Thailand to another CIA prison in Stare Kiejkuty in northern Poland.
Judges described the evidence that Abu Zubaydah was detained in Poland as “coherent, clear and categorical,” and ruled that it was “inconceivable” that Poland was unaware of his mistreatment.
They concluded that not only was Poland “informed of and involved in the preparation and execution of the [High Value Detainee] Programme on its territory,” but “Poland, for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it from occurring.”
In addition, the court ruled that the Polish government failed to conduct a “prompt”, “thorough” and “effective” investigation into CIA secret prisons on their own soil.
Abu Zubaydah is still held in Guantanamo Bay. The court stated that his ongoing imprisonment without charge amounts to a “flagrant denial of justice”.
This is the first time that any court has passed judgement on the CIA’s European “black site” programme, which saw dozens of detainees held in secret locations in Europe between 2002 and 2006.
Legal charity Reprieve and its partners investigated Abu Zubaydah’s case and brought the application to the European Court in March 2013 after it became clear that Polish domestic investigations were turning into a cover-up.
Reprieve investigator Crofton Black said: “The court has rightly shown that no reasonable mind could accept the Polish government’s denials of its complicity in torture. As the US Senate prepares to release its own report into the shocking abuses perpetrated by the CIA in its European dungeons, it will become exponentially harder for other nations to pretend that nothing occurred. Poland – like other implicated countries such as Lithuania, Romania and the UK – needs finally to accept that the days of denial are over. They must come clean about their involvement and take real steps to ensure that it cannot happen again.”
Joseph Margulies, one of Abu Zubaydah’s American counsel, said: “It’s always gratifying when a court speaks truth to power. The question now is whether Poland will listen. The rule of law demands more than words on a page. It demands justice.”
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy