The European Court of Human Rights is hearing a case centering on the extraordinary rendition and alleged torture of two men currently held at the United States’ Guantanamo Bay detention facility in Cuba. The case was brought by lawyers for Abu Zubaudah and Abd al-Rahim al-Nashiri, both al Qaeda members, against the government of Poland. In it, lawyers for Zabaudah and al-Nashiri allege that they were seized and flown to secret US-administered “black sites” in Poland, where they were subject to waterboarding, mock executions, and other ill treatment. Lawyers allege that all of this took place with the knowledge and consent of the Polish government. Lawyers for the Polish government do not contest the accusations but assert that the Polish government should be allowed to undertake its own investigation before the case is brought to the European Court. A similar suit filed by lawyers for Khaled al-Masri against the government of Macedonia in 2012 was successful, resulting in an order by the European Court that the Macedonian government compensate al-Masri.
The use of the European Court of Human Rights is an interesting twist in the protection of human rights of alleged terrorists. One of the key features of the extraordinary rendition program was that it took place outside the United States, and thus beyond the reach of US courts. Do you think that the European Courts will be able to effectively protect the rights of suspected terror suspects held incognito by the United States in Europe? Why?