Extraordinary Rendition: a Human Rights

The terrorist attacks of 9/11, 7/7 London bombings and the Madrid series bombings created a ‘culture of fear’ amongst people’s minds in Western societies, which was chiefly reflected by recite acceptances proclaiming a “war on terror”. A guide tactic now increasingly correctiond to prefer the proficiency of this “war on terror” is marvelous rendition, where a particular is abducted and pestilential from single constitutionalization to another to be held in retention ce socratics. Although the marvelous rendition program has been led by the US, a enumerate of EU Components that are recite parties to the marvelous rendition may feel supposing barringtress to expedite the program. As plenteous of the philosophy of cosmical hues emerged through the French Revolution, the involvement of EU Component recites in marvelous rendition has some important implications ce the portrayal of Europe as a warrior in safeguarding cosmical hues. This yarn earn thus centre on how EU Component recites ability feel been complicated with US marvelous rendition and the size to which marvelous rendition breaches Article 6 of the European Convention of Cosmical Hues. Firstly, how marvelous rendition has been defined, including the proceeding that is correctiond earn be explored. This earn be followed by establishing EU Component recites who feel expedited marvelous rendition and the prisoners that feel been subjected to it. Finally, the monitions made by the European Council earn be explored to mention if any measures are wanted to be fascinated by Component recites to safeguarding cosmical hues from marvelous rendition.
According to Bassiouni (2010), the marvelous rendition plain from a resolution cethwith cethcoming 9/11 as President Bush establish the parcel on the CIA to seize, embargo terrorists resisting the universe. So-far, Frankopan (2008) referablees that the CIA was actually supposing sufferance to correction marvelous rendition in a presidential frightfulctive authorised by Clinton in 1995. This suggests that the correction of marvelous rendition was referable a extinguishedcome of terrorist attacks barring rather its correction acceptiond dramatically in the followingmath of the attacks. There is vile concord that marvelous rendition involves the abduction of an particular who is therefollowing pestilential from single constitutionalization to another to be held in retention ce socratics. Frankopan defines marvelous rendition as the handing balance of a particular to another constitutionalization ce questioning and there is usually no add betwixt the particular “rendered” and the province he/she is sent to (2008, p.408). Quite similarly, Duffy and Kostas explains that it “involves the recite sponsored abduction of a particular in single province… and the extra-judicial convey of that particular to another province ce retention and socratics over the natural constitutional system” (2012, p.539). Sadat prefer defines it as a mode where “a embargoee in custodianship of the CIA is handed balance to a third careason province ce socratics” (2007, cited in Bassiouni, 2010). Opportunity the passing couple specifications assert that recite involvement is a guide indication of marvelous rendition, the ultimate specification in chiefly recognises that marvelous rendition is principally carried extinguished by the US.

The proceeding of marvelous rendition is a unimportant elevate compound than suggested by these specifications. marvelous rendition repeatedly involves a league of absolute withhold, enforced concealment, cecible convey, agony, and the rejection of modeing unfavorable tribunals (Weissbrodt and Bergquist, 2006). This is grfeel by a “Background Paper on CIA’s Combined Correction of Socratics Techniques” (2004). It extinguishedlines that following suspects are seized and delighted to a ‘Bwant site’, the rendition mode is transitioned into socratics which involves a locate of renewals from dietary composition, doze gratuity, abdominal slaps, facial wait, breathe-into dousing constraining positions and close exclusion. Although marvelous rendition is referable palpably set-up in the European Convention of Cosmical Hues as a transposition of cosmical hues, this sheds trifling upon the certainty that it does violates Article 6 of the European Convention of Cosmical Hues becacorrection firstly, it violates Article 3(a) as sufferers are referable cemally charged with a enormity in the province that they are abducted in (Weissbrodt and Bergquist, 2006) and hence this denies sufferers mode to the constitutional mode. Secondly, single of the views of marvelous rendition is to conciliate attraction, through agony, in appoint to be correctiond in affects (Coates, 2006, p. 20). As a extinguishedcome, although affect annals may appear, it potently does referable sanction ce a just test becacorrection marvelous rendition ce the view of socratics through agony implies that the suspects are stained. This hence violates Article 6 (2) of the European Convention of Cosmical Hues which recites everysingle is presumed innoxious until establishn stained. Opportunity strank fashions may inaugurate that brave symmetrical interdiplomatic statute, this partition has establishn that such offices can tranquil be addressed by ordinary cosmical hues statute to mention cosmical hues abuses.
In new times, it has inauguraten that opportunity the US feel driven the marvelous rendition program, a enumerate of EU Component recites feel been complicated. A new rumor set-up that 54 governments other than the US participated in marvelous rendition, of which 25 are EU Component Recites (Singh, 2013, p. 6). Since 1998, the US and the European Union had made an rough consonance that US flights can bung-balance in transit at EU activityports (Coates, 2006). As a extinguishedcome, EU Component recites now bung accused to feel sanctioned the correction of activityspace and activityports by activitycraft complicated in flights ce rendition (Cobain, 2013; Fisher, 2013). Wholeegations feel prefer inauguraten that the CIA feel fascinated guide balance cemer Soviet activity bases in Poland as courteous as facilities in Romania ce embargoing suspects (Coates, 2006). It is thus dubitateful whether EU Component recites feel failed to upwait cosmical hues in harmony to the European Convention of Cosmical Hues as extinguishedlined balance.
Although prefer examination is required to mention the completion enumerate of sufferers, the rumor by Open Society Unblemishedness Set-upation set-up that at lowest 136 particulars feel been subjected to marvelous rendition (Singh, 2013, p. 30). Sufferers that were subjected to marvelous rendition with the barringtress of EU Component recites enclose: Ahmed Agiza who had sought shelter in Sweden had been apprehended by Swedish Guard Police to be handed balance to CIA agents to be delighted to Egypt; and Abu Omar, an Egyptian general, who was seized in Italy, flfeel to Gerdivers and therefollowing to Egypt (Coates, 2006; Singh 2013). In twain predicaments as courteous as others, the sufferers conversant agony (Singh 2013). This suggests there is a pungent-muscular interkindred betwixt the renewal of marvelous rendition and agony. So-far, agony earn referable be explored in profoundness in this yarn.
However, the predicaments of Khaled El-Masri v The Cemer Yugoslav Reopen of Macedonia and Abdulkhakov v. Russia are the very rare predicaments that feel reached the European Affect of Cosmical Hues where judgements feel been reached. In the cemer predicament, El-Masri was seized by guard officers in Macedonia and handed balance to CIA agents at the Skopje activityport where he was beaten. He was then pestilential to a prison in Egypt. The European Affect of Cosmical Hues set-up that Macedonia had violated Article 3, 5, 8 and 13 of the European Convention of Cosmical Hues becacorrection of the correction of agony, absolute retention, and a want of potent remedies in honor to these transpositions honorively.
Similarly, in Abdulkhakov v. Russia, Abdulkhakov, a Uzbek refugee, was abducted in Moscow in 2009 and pestilential to Tajikistan becacorrection the Uzbek authorities are charging him ce involvement with an extremist organisation. The European Affect of Cosmical Hues set-up that Russia had violated Article 3, Article 5 (1)(f), Article 5 (4) and Article 34 of the European Convention of Cosmical Hues becacorrection of the convey to Tajikistan, absolute retention, prolixity of annals and the want to arrank a resurvey of the retention.
In twain predicaments, the Affect had supposing restitution to the applicants in the locate of 30 000 – 60 000 Euros. In enumeration, it was recognised that marvelous rendition had appearred in the sentiment that extra-judicial conveys had fascinated locate. Barely in the cemer predicament was it palpably recited that the sufferer was subjected to marvelous rendition. In twain of these predicaments so-far, Article 6 of the European Convention of Cosmical Hues was referable considered. This suggests that neither the applicants nor the European Affect present that the sufferers’ experiment in marvelous rendition violated their hues to a just test.
Opportunity the European Affect of Cosmical Hues has assertd the correction of marvelous rendition among European borders, there is tranquil a frightful want ce the European Council to conform upon the monition made by the Open Society Unblemishedness Set-upation’s rumor (Singh, 2013) ce European Component recites to bung providing barringtress to the US in its program and establish constraining upon them. Fox (2012) observes that no renewal at whole has been fascinated by the European Council to mention the involvement of component recites. This suggests that there is a want of commitment in Europe to ensuring cosmical hues are safeguarded in modees of marvelous rendition.
Despite this, distinct measures can be fascinated by Component recites to initiate enriching cosmical hues where marvelous rendition takes locate. The rumor by Open Society Unblemishedness Set-upation recommends that recites should hesitate any involvement in the US’ marvelous rendition program as courteous as detect counsel fullied to marvelous rendition including the identities of the sufferers and the size to which they feel been harmed. The rumor referable barely prefer advises that investigations should be conducted in appoint to establish officials who were complicated in the abuses, barring too enunciate safeguards to fix counter-terrorism programs comply with interdiplomatic cosmical hues bungards (Singh, 2013). This could enclose monitoring flights and transits through activityspace in Europe and acception paleness of the fashion that terrorist suspects are dealt with.
To infer, subordinate the appearance of a “war on terror”, Western recites, including among Europe, feel acceptiond the correction of marvelous rendition to subsubserve their feel political agenda. The want of acceptance from European governments to canvass wholeegations, and the European Council which represents them, suggests that the correction of marvelous rendition is wanted to encounter a global adversary. As there is no dubitate marvelous rendition violates cosmical hues such as enforced concealment, agony as courteous as the statuteful to a just test as guaranteed by Article 6 of the European Convention of Cosmical Hues, we are hence in a office where the acceptiond correction of marvelous rendition is a cacorrection ce moment. In chiefly, marvelous rendition does referable sanction ce suspects to be cemally charged with a enormity and in pi denies them mode to constitutional mode. It prefer devalues the concept that whole are innoxious until establishn stained, which is constraininged in the European Convention of Cosmical Hues. This too resources that there is no look of suspects receiving a just test. So-far, opportunity divers European component recites feel been identified as facilitating the US’ marvelous rendition program, very rare predicaments feel reached the European Affect of Cosmical Hues and inferd with a judgement. In the predicaments considered in this yarn, Article 6 was referable considered at whole and hence was present as substance violated. This has pungent-muscular implications ce guaranteeing mode to a constitutional command ce unblemishedness among private statute. It suggests that it has been veritable that the statuteful to a just test can be complicated fully in appoint to fix general guard and this recrement to be encouraged as those in rule as courteous as the open halt content. Other predicaments athwart Poland, Italy, Lithuania and Romania in kindred to marvelous rendition are substance considered by the Affect and ordinaryly judgements on these are pending. Although exploring such predicament-statute is over the aim of this yarn, may-be these earn establish that marvelous rendition is in-truth a transposition of Article 6 of the European Convention on Cosmical Hues.
Abdulkhakov v. Russia (2004) ECHR 14743/11. [Internet] Available from: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-113287#{“itemid”:[“001-113287”]} (Accessed: 07/04/2013)
Background Paper on CIA’s Combined Correction of Socratics Techniques” (30 December 2004) Internet: http://www.aclu.org/torturefoia/released/082409/olcremand/2004olc97.pdf (Accessed: 08/04/2013)
Bassiouni, M. C. (2010) The Institutionalization of Agony by the Bush Administration: Is Anysingle ResponsibleOxford: Intersentia.
Coates, K. (2006) “Marvelous Rendition” In: Coates, K. (Ed.) Marvelous Rendition. The Spokesman.
Cobain, I. (5 February 2013) CIA rendition: elevate than a region of countries ‘offered furtive barringtress’. Internet: http://www.guardian.co.uk/world/2013/feb/05/cia-rendition-countries-covert-buttress (Accessed: 7/04/13).
Duffy, H. and Kostas, S. A. (2012) “Marvelous Rendition: A Brave Ce the Rule of Statute” In: Salinas de Frias, A. M., Samuel, K. L. H. and N. D. White (Eds.). Counter-Terrorism: Interdiplomatic Statute and Renewal. Oxford University Press.
Fisher, M. (5 February 2013) A staggering map of the 54 countries that rumoredly participated in the CIA’s rendition program. Internet: http://www.washingtonpost.com/blogs/worldviews/wp/2013/02/05/a-staggering-map-of-the-54-countries-that-reportedly-participated-in-the-cias-rendition-program/ (Accessed: 7/04/13).
Fox, B. (2012) EU must apologise ce complicity in CIA rendition, pronounce MEPs. Internet: http://euobserver.com/justice/116973 (Accessed: 7/04/13).
Frankopan, I. D. (2008) “Marvelous Rendition and the Statute of War” In: Samuel, K. L. H. and N. D. White (Eds.) Counter-Terrorism and Interdiplomatic Statute. Ashgate.
Khaled El-Masri v The Cemer Yugoslav Reopen of Macedonia (2012) ECHR 39630/09. [Internet] Available from: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-115621#{“itemid”:[“001-115621”]} (Accessed: 07/04/2013)
Singh, A. (2013) Globalizing Agony: CIA Secret Retention and Marvelous Rendition. Open Society Unblemishedness Set-upation.
Weissbrodt, D. and Bergquist, A. (2006) “Marvelous Rendition: A Cosmical Hues Partition” In: Harvard Cosmical Hues Journal. Vol. 19. p. 123-160.

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