Doc. 11302 Report
189. Accordingly, several circuits we have analysed show the following “sequencing” of flight navigation
responsibilities for a typical circuit of N379P involving a landing at Szymany, which demonstrate a calculated
cover-up of the aircraft’s movements:
–
Jeppesen files flight plans for every element of the circuit up to and including N379P’s return to Europe
from Kabul; typically Jeppesen’s flight plan(s) from Kabul onwards reflect fictitious routes, featuring
false airports of destination and departure that are registered in the Eurocontrol flight management
system;
–
N379P’s pilot-in-command then flies from Kabul into Polish airspace, at which point the Polish
authorities (PANSA) take over to navigate the aircraft to a landing at Szymany Airport without a
corresponding flight plan, but in conjunction with Polish military authorities in Warsaw and on the
ground;
–
PANSA also handles onward flight planning for N379P’s departure from Szymany, either by navigating
the aircraft to a stopover in Warsaw or by filing a flight plan for its next international destination, such as
Prague or Larnaca;
–
Jeppesen resumes its planning role once N379P has left Szymany, filing flight plans for the remaining
elements of the circuit, starting from either Warsaw or the first international airport after Szymany,
continuing until the aircraft’s return to its base in the United States.
190. The analysis of “data strings” has also enabled me to confirm further intricate details of the “anatomy” of
these CIA clandestine operations. For example, each of these flights was operated under a “special status” or
STS designation.165The aircraft were thereby exempted from adhering to the normal rules of air traffic flow
management (ATFM), and did not, for example, have to wait at airports for approved departure slots. Since
such exemptions are only granted when “specifically authorised by the relevant national authority”,166they
provide further evidence of Polish complicity in the operations. The clearest proof of Poland’s knowledge and
authorisation of such landings is demonstrated by the following two-line message, contained in several “data
strings” for flights of N379P in 2003:
“STS/ATFM exempt approved”
“Poland landing approved”
191. “Data strings” have also enabled us to trace the official overflight and landing permits obtained from
various other countries for these flights; the times and “waypoints” at which the aircraft entered or departed
the national airspace of each country; and the actual routes flown between Szymany and other points on the
“global spider’s web”. I have used all of this information to create the graphic representations of “Disguised
CIA flights into Szymany Airport, Poland”167which accompany this report as an appendix.
192. In concluding this section it is only fitting that I should note here, with considerable regret, that the
cover-up of CIA flights into Szymany seems to have carried over into the approach adopted by the Polish
authorities towards my inquiry on the specific question of national aviation records. In over eighteen months of
correspondence, Poland has failed to furnish my inquiry with any data from its own records confirming CIAconnected flights into its airspace or airports. The excuses from the Polish authorities for having failed to do so
unfortunately do not seem to be credible.
164. We have been able to establish through our investigations that the men registered as Pilot-in-Command (PIC) for the
undeclared flights into Szymany are established CIA pilots. We have records of their full names and have been able
similarly to vouch for their engagement as pilots in multiple detainee transfer operations involving other countries. We have
also confirmed their appearance on flight manifests with known CIA “rendition teams” by referring to documents provided
to us confidentially from on an ongoing judicial inquiry in a Council of Europe member state.
165. The status of the flight goes to the all-important question as to whether the function it is performing is considered to
be “state”, “civilian” or “military”. These undeclared flights into Szymany, which we understand to have been operated as
“military flights”, eased their passage into Poland by securing exemptions as “special status”, or STS, flights. STS
designators are very strictly limited, because once granted they allow deviations from planned routes and other important
exemptions. See Eurocontrol, User Relations and Development Bureau, IFPS Users Manual, Edition No. 11.2, 30 March
2007 (hereinafter Eurocontrol IFPS Users Manual), available at http://www.cfmu.eurocontrol.int; at Section 50, “Special
Status Flights (STS)”, pp. 50-1.
166. The particular STS indicator used by flights into Szymany was “AFTMEXEMPTAPPROVED”. According to
Eurocontrol: “This exemption designator shall only be used with the proper authority. Any wrongful use of this designator
to avoid flow restriction shall be regarded by the relevant states as a serious breach of procedure and shall be dealt with
accordingly.” See Eurocontrol IFPS Users Manual, ibid., at Section 54, “STS/AFTMEXEMPTAPPROVED Indicator”, pp.
54-1.
167. See Appendix No. 1 to the present report, entitled “Disguised CIA flights into Szymany Airport, Poland”.
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