including several OSCE participating States, reportedly participated in the programme.487 Their collaboration is said to have taken various forms,488 including hosting secret CIA detention facilities on their territory; detaining, interrogating, and subjecting detainees to torture and ill-treatment; and interrogating individuals who were secretly held in the custody of other governments. Poland provided a secret detention facility to the CIA on its territory.489 Romania and Lithuania are also believed to have allowed the CIA to use facilities on their territory as secret detention sites.490 Existing military bases would also have been used in the Balkans, in Kosovo and Bosnia and Herzegovina.491 It is also alleged that Diego Garcia, a territory under the international legal responsibility of the United Kingdom, may have been used to process “high-value detainees”.492 It is further alleged that the United States sent detainees to Uzbekistan for detention and interrogation.493 243. In many cases, the countries are said to have collaborated by willingly and knowingly providing their airspace and airports for illegal rendition flights, providing assistance to apprehend and/or transfer detainees and providing intelligence leading to the secret detention and extraordinary rendition of individuals.494 In this regard, it has been alleged that at least 1,245 flights operated by the CIA flew into European airspace or stopped over at European airports between the end of 2001 and the end of 2005.495 Reports also indicate that, at least until May 2007, states such as Bosnia and Herzegovina, Canada, Croatia, Georgia, the former Yugoslavia Republic of Macedonia and the United Kingdom provided intelligence or conducted the initial seizure of an individual before his transfer as part of 487 To ODIHR's knowledge, participating States that were involved in the programme, to a varying degree, are Albania, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Finland, Georgia, Germany, Greece, Iceland, Ireland, Italy, Lithuania, the former Yugoslav Republic of Macedonia, Poland, Portugal, Romania, Spain, Sweden, Turkey, the United Kingdom and Uzbekistan. See Globalizing Torture, op. cit., note 170, p. 6. 488 The framework for such assistance would have been developed around North Atlantic Treaty Organization (NATO) authorizations agreed on 4 October 2001. These would have provided, for instance, blanket overflight clearances and access to airfields on NATO territory. Marty, “Secret detentions and illegal transfers of detainees involving Council of Europe member states: second report”, op. cit., note 174, Explanatory Memorandum, p. 8, para. 10. 489 ECtHR, Al Nashiri v. Poland, op. cit., note 172, para. 415; “Aleksander Kwaśniewski w ‘Kropce nad I’: nie było tajnych więzień CIA”, Wiadomosci website, 11 December 2014, <http://wiadomosci.wp.pl/kat,89914,opage,6,title,AleksanderKwasniewski-w-Kropce-nad-i-nie-bylo-tajnych-wiezien-CIA,wid,17093682,wiadomosc.html?ticaid=113fc1>; “Poland’s secret CIA prisons: Kwasniewski admits he knew”, BBC News website, 10 December 2014, <http://www.bbc.com/news/world-uscanada-30418405>. 490 Cases against Lithuania and Romania are also pending at the European Court of Human Rights. See, ECtHR, Abu Zubaydah v. Lithuania, Application No. 46454/11, lodged on 14 July 2011, “Statement of Facts”, <http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-115816>; ECtHR, Abd al Rahim Husseyn Muhammad Al Nashiri v. Romania, Application 33234/12, lodged on 1 June 2012, “Statement of Facts”, <http://hudoc.echr.coe.int/sites/fra/pages/search.aspx?i=001-113814>. See, also, UN Special Procedures, “Joint study on global practices in relation to secret detention”, op. cit., note 109, paras. 112-121; Globalizing Torture, op. cit., note 170, p. 16; “Accountability for European Complicity in CIA Torture and Enforced Disappearance: An Update on Developments in Europe, 2013-2014”, Amnesty International, September 2014, p. 5, <http://www.osce.org/odihr/124110?download=true>. 491 However, it is unclear whether these bases were used for CIA (as opposed to United States Defense Department) operations. See, Globalizing Torture, ibid., p. 70; UN Special Procedures, “Joint study on global practices in relation to secret detention”, op. cit., note 109, para. 126. 492 Marty, “Secret detentions and illegal transfers of detainees involving Council of Europe member states: second report”, op. cit., note 174, p. 16, para. 70. 493 UN Special Procedures, “Joint study on global practices in relation to secret detention”, op. cit., note 109, para. 143. 494 See, for instance, CIA - “Extraordinary Rendition” Flights, Torture and Accountability, op. cit., note 180, pp. 10, 17. 495 Resolution P6_TA(2007)0032, “Transportation and illegal detention of prisoners”, European Parliament, op. cit., note 207, para. 42. 105

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