The Death Penalty in the OSCE Area
With regard to safeguards in place to protect children who have a parent facing
the death penalty abroad, the majority of countries indicated that there were no
specific safeguards applicable in such situations. However, most of them replied that
those children would be entitled to the same services and benefits as children whose
parents or legal guardians were temporarily or permanently unable to provide care
for them.
POLAND
On 24 July 2014, the European Court of Human Rights released a judgment in
the case of Al Nashiri vs. Poland.25 Abd Al Rahim Al Nashiri is a national of Saudi
Arabia and detainee at the United States detention facilities in Guantanamo Bay,
Cuba where he faces capital charges in proceedings before a military commission
in relation to his alleged involvement in terrorist activities. In his application before
the court, Al Nashiri claimed he was held and tortured in a secret detention facility
in Poland, operated by the United States’ Central Intelligence Agency, prior to his
transfer to the Guantanamo Bay detention camp.26 He also claimed that Poland
had violated Articles 2 (right to life) and 3 (prohibition of torture) of the European
Convention on Human Rights (ECHR), as well as Protocol 6 to the ECHR
concerning the abolition of the death penalty. In its judgment, the court held that
there were violations of Articles 2, 3, 5, 6, 8 and 13 of the ECHR and violation of
Article 1 of Protocol 6 to the ECHR. It ordered Poland to pay 100,000 euro to Al
Nashiri.27 The deadline for the payment was set for 16 May 2015. In February 2015,
Poland filed an appeal to the court, but the court dismissed the appeal.28
25 “Case of Al Nashiri v. Poland”, European Court of Human Rights, final 16 February 2015, <http://hudoc.echr.coe.
int/eng?i=001-146044#{“itemid”:[“001-146044”]}>.
26 Ibid.
27 Ibid.
28 “Poland pays $250,000 to victims of CIA rendition and torture”, The Guardian, 15 May 2015, <http://www.
theguardian.com/world/2015/may/15/poland-pays-250000-alleged-victims-cia-rendition-torture>.
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