ECHR: Romania hosted CIA's Detention Site Black between 2003 and 2005, must pay EUR 100,000 to Guantanamo detainee

According to a decision of the European Court of Human Rights (ECHR), which concluded that CIA operated a secret detention centre in Romania between September 2003 and November 2005, the Romanian state must pay EUR 100,000 to Guantanamo detainee Abd Al Rahim Husseyn Muhammad Al Nashiri. Al Nashiri, who was detained in Romania at the ‘Detention Site Black’ for 18 months, between April 2004 to at the latest November 2005.

According to the applicant allegations, Romania had let the United States Central Intelligence Agency (the CIA) transport him under the secret extraordinary rendition programme onto its territory and had allowed him to be subjected to ill-treatment and arbitrary detention in the CIA detention known as the Detention Site Black. Moreover, Al Nashiri complained that Romania had failed to carry out an effective investigation into his allegations.

ECHR: Romania violated European Convention of Human Rights

In today’s judgment, the ECHR concluded that Romania violated Article 3 (prohibition of torture) of the European Convention on Human Rights, because of its government’s failure to effectively investigate Al Nashiri’s allegations and because of its complicity in the CIA’s actions that had led to ill-treatment. Additionally, the court decided that Romania also violated Article 5 (right to liberty and security), Article 8 (right to respect for private life), and Article 13 (right to an effective remedy) in conjunction with Articles 3, 5 and 8, and found violations of Article 6 § 1 (right to a fair trial within a reasonable time), and Articles 2 (right to life) and 3 taken together with Article 1 of Protocol No. 6 (abolition of the death penalty) because Romania had assisted in Mr Al Nashiri’s transfer from its territory in spite of a real risk that he could face a flagrant denial of justice and the death penalty.

Currently, Al Nashiri is facing capital charges in the US for his alleged role in terrorist attacks.

Court urges Romania to start investigation, punish ‘officials responsible’

According to the ECHR’s decision, the Romanian authorities had known the CIA would subject Al Nashiri to treatment contrary to the Convention. Moreover, Romania also permitted that he be moved to another CIA detention site located either in Afghanistan (Detention Site Brown) or in Lithuania (Detention Site Violet), as found in another judgment delivered today Abu Zubaydah v. Lithuania, thus exposing him to further ill-treatment.

The court’s decision showed that Al Nashiri had been within Romania’s jurisdiction and that the country had been responsible for the violation of his rights under the Convention.

That is why, the ECHR “recommended that Romania conclude a full investigation into Al Nashiri’s case as quickly as possible and, if necessary, punish any officials responsible. The country should also seek assurances from the United States that Mr Al Nashiri will not suffer the death penalty,” a press release by the ECHR said.

Abd Al Rahim Husseyn Muhammad Al Nashiri, a Saudi Arabian national of Yemeni descent (born in 1965) is currently being held in the Internment Facility at the United States (US) Guantanamo Bay Naval Base in Cuba.