Doc. 11302 Report
147. When examined with hindsight, the 2001 agreement reveals a permissive attitude on the part of the
Romanian authorities, broadly towards United States military and quasi-military operations on Romanian
territory, and in particular towards the actions of American service personnel. The “SOFA Supplemental”
created a “special regime of access on national territory”,110which it extended not only to “members of the
military forces”111in a conventional sense, but also to “members of the civilian airline companies”112and
anyone else who is “declared by the American authorities to be part of the United States armed forces, and
can present a travel order issued by the United States military”. The breadth of the designation used here
represented the perfect opening for the CIA to conduct its clandestine operations in the country.113
148. It is my conclusion that under the October 2001 bilateral agreement, along with any additional classified
annexes agreed at that time or subsequently, personnel brought into the country under the banner of the
United States military have in practice operated on Romanian territory with complete freedom from scrutiny or
interference by their national counterparts ever since.
149. In this context it is important to consider a more recent Access Agreement between Romania and the
United States, signed on 6 December 2005, which deals primarily with the activities of United States forces
based at a selected number of Romanian military facilities.114
150. Under this new agreement, United States forces – including their “civilian component” – enjoy
extraordinarily free use of certain Romanian airbases and other facilities for “training, transit … refuelling of
aircraft, accommodation of personnel, communications, staging and deploying of forces and material … and
for other such purposes as the parties or their designated authorities may agree.”115
151. In terms of permissions, all United States Government aircraft and vehicles are “free from inspection”.
In addition, an apparently blanket authorisation to “over-fly, conduct aerial refuelling, land and takeoff in the
territory of Romania” is granted to both United States Government aircraft and “civil aircraft … operating
exclusively under contract to the United States Department of Defense”.116Indeed, an equally permissive
approach is applied to almost every aspect of the agreement, from the “construction activities” undertaken by
United States forces117to the apparently unquestioning acceptance as “valid” of “all professional licences”.118
109. “Answers of the Romanian delegation to the questionnaire on the alleged secret detention centres”, appended to the
letter to me from Gyorgy Frunda, chairperson of the Romanian delegation to the Parliamentary Assembly, 20 January
2006; at p. 1.
110. This phrase is understood to describe the permission given to “enter, exit and move freely within the territory”, with a
United States military travel order sufficing as identification.
111. See “Romanian SOFA Supplemental”, 30 October 2001, supra
note 108, at Article II.2.
112. It is unclear whether this reference to “the civilian airline companies” indicates that there is a specific numbered or
named list of United States-registered companies whose members fall under the “special regime of access” referred to.
However, in a comparable scenario, it has in the past been disclosed in documents released by the United States
Department of Defense under a Freedom of Information Act request that specific United States aviation companies
(including several of those known to be involved in detainee transfer operations) have been awarded “classified contracts”
by certain units of the United States armed forces. See Seth Hettena, The Associated Press, “AP: Navy office contracted
planes used in CIA missions”, 24 September 2005, available at http://www.usatoday.com/news/washington/2005-09-24navy-cia_x.htm.
113. In addition, it is known that the meanings of important “cover” designations often used by the CIA are set forth in the
2001 “SOFA Supplemental”. These include the terms “civilian component”, “dependent” and “United States contractor” –
all of which categories were also granted the same permissions and protections as conventional military officers.
Unfortunately, I have not as yet been able to obtain the sections of the agreement in which the meanings of those terms
are defined.
114. See “Agreement between the United States of America and Romania regarding the activities of United States Forces
located on the territory of Romania”, done at Bucharest, 6 December 2005 (hereinafter “Romanian Access Agreement”);
copy on file, submitted officially to the rapporteur in May 2006 after its adoption by the Romanian Parliament. It is worth
pointing out that the references to “implementing arrangements” in this text afford the parties a considerable degree of
latitude as to how they put the agreement into practice: “The technical details regarding the agreed facilities and areas
shall be in accordance with Implementing Arrangements to be concluded for each facility and area” [at Article II.1]; and “As
appropriate, the parties or their designated authorities may enter into implementing arrangements to carry out the
provisions of this agreement” [at Article XI].
115. See Romanian Access Agreement, 6 December 2005, ibid., at Article II.1. It is relevant to note that the “designated
authorities” in question are the Ministry of National Defence of Romania and the Department of Defense of the United
States of America, respectively.
116. See Romanian Access Agreement, 6 December 2005, ibid., at Article
VII. In the final clause, the fact that the exempted civil aircraft have to be under exclusive contract to the Department
of Defense (rather than the United States Government more generally) is a clear indication of the military nature of the
arrangements.
30
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents