Domestic Investigation into Participation of Polish Officials in the CIA Extraordinary Rendition Program and the State Responsibility under the European Convention on Human Rights

Polish Yearbook of International Law, Vol. 31 (2011), pp. 233-257

26 Pages Posted: 16 Feb 2013 Last revised: 23 May 2016

See all articles by Adam Bodnar

Adam Bodnar

SWPS University of Social Sciences and Humanities

Irmina Pacho

Polish Academy of Sciences (PAS)

Date Written: June 29, 2012

Abstract

Poland has been accused of participation in the extraordinary rendition program established by the United States after the September 11, 2001 attacks. It is believed that a secret CIA detention facility operated on the Polish territory, where terrorist suspects were transferred, detained and interrogated with the use of torture. Currently, Poland has found itself in a unique situation, since, unlike in other countries, criminal investigation into renditions and human right violations is still pending. Serious doubts have arisen, however, as to the diligence of the proceedings. The case was incomprehensibly prolonged by shifting the investigation to different prosecutors. Its proper conduct was hindered due to state secrecy and national security provisions, which have covered the entire investigation from the beginning. This article argues that Polish judicial authorities, along with the government, should undertake all actions aiming at explaining the truth about extraordinary rendition and seeking accountability for human rights infringement. Otherwise, Poland may face legal responsibility for violating the European Convention on Human Rights. This scenario becomes very probable, since one of the Guantanamo prisoners has already lodged a complaint against Poland with the European Court of Human Rights.

Keywords: CIA, rendition program, September 11, torture, ECHR, European Convention on Human Rights, state responsibility, terrorist, terrorism

JEL Classification: K33

Suggested Citation

Bodnar, Adam and Pacho, Irmina, Domestic Investigation into Participation of Polish Officials in the CIA Extraordinary Rendition Program and the State Responsibility under the European Convention on Human Rights (June 29, 2012). Polish Yearbook of International Law, Vol. 31 (2011), pp. 233-257, Available at SSRN: https://ssrn.com/abstract=2218621

Adam Bodnar (Contact Author)

SWPS University of Social Sciences and Humanities ( email )

ul. Chodakowska 19/31
Warsaw, 03-815
Poland

Irmina Pacho

Polish Academy of Sciences (PAS) ( email )

3 Maja str. 2 m 164
Warsaw, 00-391
Poland

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