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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