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Annual Renewal of Control Orders Legislation 2010
House of Lords House of Commons Joint Committee on Human Rights Counter–Terrorism Policy and Human Rights (Sixteenth Report): Annual Renewal of Control Orders Legislation 2010 Ninth Report of Session 2009–10 Report, together with formal minutes, and oral and written evidence Ordered by The House of Commons to be printed 23 February 2010 Ordered by The House of Lords to be printed 23 February 2010 HL Paper 64 HC 395 Published on Friday 26 February 2010 by authority of the House of Commons London: The Stationery Office Limited £0.00 Joint Committee on Human Rights The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders made under Section 10 of and laid under Schedule 2 to the Human Rights Act 1998; and in respect of draft remedial orders and remedial orders, whether the special attention of the House should be drawn to them on any of the grounds specified in Standing Order No. 73 (Lords)/151 (Commons) (Statutory Instruments (Joint Committee)). The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is three from each House. Current membership HOUSE OF LORDS HOUSE OF COMMONS Lord Bowness Mr Andrew Dismore MP (Labour, Hendon) (Chairman) Lord Dubs Dr Evan Harris MP (Liberal Democrat, Oxford West & Baroness Falkner of Margravine Abingdon) Lord Morris of Handsworth OJ Ms Fiona MacTaggart (Labour, Slough) The Earl of Onslow Mr Virendra Sharma MP (Labour, Ealing, Southall) Baroness Prashar Mr Richard Shepherd MP (Conservative, Aldridge-Brownhills) Mr Edward Timpson MP (Conservative, Crewe & Nantwich) Powers The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. -
Conflict, Security and the Reshaping of Society: the Civilization of War Dal Lago, Alessandro (Ed.); Palidda, Salvatore (Ed.)
www.ssoar.info Conflict, security and the reshaping of society: the civilization of war Dal Lago, Alessandro (Ed.); Palidda, Salvatore (Ed.) Veröffentlichungsversion / Published Version Sammelwerk / collection Zur Verfügung gestellt in Kooperation mit / provided in cooperation with: OAPEN (Open Access Publishing in European Networks) Empfohlene Zitierung / Suggested Citation: Dal Lago, A., & Palidda, S. (Eds.). (2010). Conflict, security and the reshaping of society: the civilization of war (Routledge Studies in Liberty and Security). London: Taylor & Francis. https://nbn-resolving.org/urn:nbn:de:0168- ssoar-273834 Nutzungsbedingungen: Terms of use: Dieser Text wird unter einer CC BY-NC-ND Lizenz This document is made available under a CC BY-NC-ND Licence (Namensnennung-Nicht-kommerziell-Keine Bearbeitung) zur (Attribution-Non Comercial-NoDerivatives). For more Information Verfügung gestellt. Nähere Auskünfte zu den CC-Lizenzen finden see: Sie hier: https://creativecommons.org/licenses/by-nc-nd/4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/deed.de Conflict, Security and the Reshaping of Society This book is an examination of the effect of contemporary wars (such as the ‘War on Terror’) on civil life at a global level. Contemporary literature on war is mainly devoted to recent changes in the theory and practice of warfare, particularly those in which terrorists or insurgents are involved (for example, the ‘revolution in military affairs’, ‘small wars’, and so on). On the other hand, today’s research on security is focused, among other themes, on the effects of the war on terrorism, and on civil liberties and social control. This volume connects these two fields of research, showing how ‘war’ and ‘security’ tend to exchange targets and forms of action as well as personnel (for instance, the spreading use of private contractors in wars and of military experts in the ‘struggle for security’) in modern society. -
The Abu Omar Case in Italy: 'Extraordinary Renditions'
CORE Metadata, citation and similar papers at core.ac.uk Provided by Kent Academic Repository The Abu Omar Case in Italy: ‘Extraordinary Renditions’ and State Obligations to Criminalize and Prosecute Torture under the UN Torture Convention Francesco Messineo * [This is the pre-print version of a paper accepted for publication in the Journal of International Criminal Justice, Vol. 7 (2009). Published by Oxford University Press.] 1. Introduction On 12 February 2003, at around 12.30 p.m., Mr Osama Mustafa Hassan Nasr (Abu Omar) was walking from his house in Milan to the local Mosque. He was stopped by a plain-clothes carabiniere (Italian military police officer) who asked for his documents. While he was searching for his refugee passport, 1 he was immobilised and put into a white van by more plain-clothes officers, at least some of whom were US agents. He was brought to a US airbase in Aviano in North-East Italy and from there, flown via the US airbase in Ramstein (Germany) to Egypt. He was held for approximately seven months at the Egyptian military intelligence headquarters in Cairo, and later transferred to Torah prison. 2 His whereabouts were unknown for a long time, and he was allegedly repeatedly tortured. 3 He was released in April 2004, re-arrested in May 2004 and eventually subjected to a form of house arrest in Alexandria in February 2007. 4 In June 2007, a criminal trial started in Milan against US and Italian agents accused of having been involved in Abu * Dott. giur. (Catania), LL.M. (Cantab); PhD candidate, University of Cambridge. -
Extraordinary Rendition in U.S. Counterterrorism Policy: the Impact on Transatlantic Relations
EXTRAORDINARY RENDITION IN U.S. COUNTERTERRORISM POLICY: THE IMPACT ON TRANSATLANTIC RELATIONS JOINT HEARING BEFORE THE SUBCOMMITTEE ON INTERNATIONAL ORGANIZATIONS, HUMAN RIGHTS, AND OVERSIGHT AND THE SUBCOMMITTEE ON EUROPE OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION APRIL 17, 2007 Serial No. 110–28 Printed for the use of the Committee on Foreign Affairs ( Available via the World Wide Web: http://www.foreignaffairs.house.gov/ U.S. GOVERNMENT PRINTING OFFICE 34–712PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 COMMITTEE ON FOREIGN AFFAIRS TOM LANTOS, California, Chairman HOWARD L. BERMAN, California ILEANA ROS-LEHTINEN, Florida GARY L. ACKERMAN, New York CHRISTOPHER H. SMITH, New Jersey ENI F.H. FALEOMAVAEGA, American DAN BURTON, Indiana Samoa ELTON GALLEGLY, California DONALD M. PAYNE, New Jersey DANA ROHRABACHER, California BRAD SHERMAN, California DONALD A. MANZULLO, Illinois ROBERT WEXLER, Florida EDWARD R. ROYCE, California ELIOT L. ENGEL, New York STEVE CHABOT, Ohio BILL DELAHUNT, Massachusetts THOMAS G. TANCREDO, Colorado GREGORY W. MEEKS, New York RON PAUL, Texas DIANE E. WATSON, California JEFF FLAKE, Arizona ADAM SMITH, Washington JO ANN DAVIS, Virginia RUSS CARNAHAN, Missouri MIKE PENCE, Indiana JOHN S. TANNER, Tennessee THADDEUS G. MCCOTTER, Michigan LYNN C. WOOLSEY, California JOE WILSON, South Carolina SHEILA JACKSON LEE, Texas JOHN BOOZMAN, Arkansas RUBE´ N HINOJOSA, Texas J. GRESHAM BARRETT, South Carolina DAVID WU, Oregon CONNIE MACK, Florida BRAD MILLER, North Carolina JEFF FORTENBERRY, Nebraska LINDA T. -
Torture by Proxy: International and Domestic Law Applicable to “Extraordinary Renditions”
TORTURE BY PROXY: INTERNATIONAL AND DOMESTIC LAW APPLICABLE TO “EXTRAORDINARY RENDITIONS” The Committee on International Human Rights of the Association of the Bar of the City of New York and The Center for Human Rights and Global Justice, New York University School of Law © 2004 ABCNY & CHRGJ, NYU School of Law New York, NY Association of the Bar of the City of New York The Association of the Bar of the City of New York (www.abcny.org) was founded in 1870, and since then has been dedicated to maintaining the high ethical standards of the profession, promoting reform of the law, and providing service to the profession and the public. The Association continues to work for political, legal and social reform, while implementing innovating means to help the disadvantaged. Protecting the public’s welfare remains one of the Association’s highest priorities. Center for Human Rights and Global Justice The Center for Human Rights and Global Justice (CHRGJ) at NYU School of Law (http://www.nyuhr.org) focuses on issues related to “global justice,” and aims to advance human rights and respect for the rule of law through cutting-edge advocacy and scholarship. The CHRGJ promotes human rights research, education and training, and encourages interdisciplinary research on emerging issues in international human rights and humanitarian law. This report should be cited as: Association of the Bar of the City of New York & Center for Human Rights and Global Justice, Torture by Proxy: International and Domestic Law Applicable to “Extraordinary Renditions” (New York: ABCNY & NYU School of Law, 2004). - This report was modified in June 2006 - The Association of the Bar of the City of New York Committee on International Human Rights Martin S. -
Alleged Secret Detentions and Unlawful Inter-State Transfers Involving Council of Europe Member States
Parliamentary Assembly Assemblée parlementaire restricted AS/Jur (2006) 16 Part II 7 June 2006 ajdoc16 2006 Part II Committee on Legal Affairs and Human Rights Alleged secret detentions and unlawful inter-state transfers involving Council of Europe member states Draft report – Part II (Explanatory memorandum) Rapporteur: Mr Dick Marty, Switzerland, ALDE C. Explanatory memorandum by Mr Dick Marty, Rapporteur Table of Contents: 1. Are human rights little more than a fairweather option? ……………………………………. 3 1.1. 11 September 2001 ……………………………………………………………………… 3 1.2. Guantanamo Bay ………………………………………………………………………… 4 1.3. Secret CIA prisons in Europe?…………………………………………………………. 4 1.4. The Council of Europe’s response ……………………………………………………. 5 1.5. European Parliament ………………………………………………………………….. 6 1.6. Rapporteur or investigator? …………………………………………………………… 6 1.7. Is this an Anti-American exercise? ……………………………………………………. 7 1.8 Is there any evidence?............................................................................................ 8 2. The global “spider’s web”………………………………………………………………………. 9 2.1. The evolution of the rendition programme ……………………………………………. 9 2.2. Components of the spider’s web ………………………………………………………. 12 2.3. Compiling a database of aircraft movements ………………………………………… 14 2.4. Operations of the spider’s web ………………………………………………………… 15 2.5. Successive rendition operations and secret detentions …………………………….. 16 2.6. Detention facilities in Romania and Poland ……………………….. 16 2.6.1 The case of Romania …………………………………………………. 16 2.6.2. The case of Poland ……………………………………………………. 17 2.7. The human impact of rendition and secret detention ……………………………….. 19 2.7.1. CIA methodology – how a detainee is treated during a rendition ………… 20 2.7.2. The effects of rendition and secret detention on individuals ………………. and families ……………………………………………………………………… 23 ________________________ F œ 67075 Strasbourg Cedex, tel: +33 3 88 41 20 00, fax: +33 3 88 41 27 02, http://assembly.coe.int, e-mail: [email protected] AS/Jur (2006) 16 Part II 2 3. -
Extraordinary Rendition and Torture What the Narratives of Victims Reveal and Require
Extraordinary Rendition and Torture What the Narratives of Victims Reveal and Require UNC School of Law Joshua R. Bennett Isabelle Chammas Siya Hegde Hillary Li Jeffrey S. Nooney Matt Norchi Seth Proctor Tyler J. Walters Deborah M. Weissman Reef C. Ivey II Distinguished Professor of Law Faculty Advisor http://www.law.unc.edu/documents/academics/humanrights/narrativethemes.pdf November 2017 Extraordinary Rendition and Torture What the Narratives of Victims Reveal and Require Table of Contents I. History of the Extraordinary Rendition Program 1 II. Torture and its Long-Term Effects 7 III. The Role of Islamophobia in the Extraordinary Rendition and Torture Program 15 IV. The Cost of Torture 23 V. The Link Between Domestic Criminal Justice Reform and International Human Rights 28 VI. Government Contractor Liability 37 VII. The United States’ Legal and Moral Obligations to Provide Fair and Adequate Compensation for Released Detainee 43 VIII. Relief for Torture Victims and its Barriers 52 I. History of the Extraordinary Rendition Program Extraordinary rendition, as it was practiced post-September 11, 2001, and as it is described in the pages that follow, connotes the latest iteration of a program that has a much longer history. Before briefly surveying the program’s history, it is helpful to consider its definition. According to the Open Society Justice Initiative, no official U.S. government definition of the program exists,1 despite the fact that it is the U.S. government that was responsible for designing and implementing it. The Open Society formulated its own definition as “the transfer—without legal process—of a detainee to the custody of a foreign government for purposes of detention and interrogation.”2 1 OPEN SOCIETY JUSTICE INITIATIVE, GLOBALIZING TORTURE: CIA SECRET DETENTION AND EXTRAORDINARY RENDITION 13 (2013), https://www.opensocietyfoundations.org/sites/default/files/globalizing-torture-20120205.pdf. -
The Heterogeneous Impact of US Contestation of the Torture Norm
Journal of Global Security Studies, 4(1), 2019, 105–122 doi: 10.1093/jogss/ogy036 Research Article Breaking the Ban? The Heterogeneous Impact Downloaded from https://academic.oup.com/jogss/article-abstract/4/1/105/5347914 by Harvard Library user on 28 February 2019 of US Contestation of the Torture Norm Averell Schmidt and Kathryn Sikkink Harvard Kennedy School Abstract Following the attacks of 9/11, the United States adopted a policy of torturing suspected terrorists and reinterpreted its legal obligations so that it could argue that this policy was lawful. This article in- vestigates the impact of these actions by the United States on the global norm against torture. After conceptualizing how the United States contested the norm against torture, the article explores how US actions impacted the norm across four dimensions of robustness: concordance with the norm, third-party reactions to norm violations, compliance, and implementation. This analysis reveals a het- erogeneous impact of US contestation: while US policies did not impact global human rights trends, it did shape the behavior of states that aided and abetted US torture policies, especially those lacking strong domestic legal structures. The article sheds light on the circumstances under which powerful states can shape the robustness of global norms. Keywords: norms, contestation, human rights, torture, United States Introduction members of Congress, and important parts of the US na- tional security establishment have pushed back against Following the attacks of 9/11, the United States contested these developments, and the Trump administration has the norm prohibiting the use of torture by adopting a yet to implement any torture policies, all of this evidence policy of torturing suspected terrorists and reinterpreting indicates that many Americans no longer believe that tor- its legal obligations so that it could argue that this pol- ture is taboo (Allard et. -
Extraordinary Rendition and the Law of War
NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW Volume 33 Number 4 Article 3 Summer 2008 Extraordinary Rendition and the Law of War Ingrid Detter Frankopan Follow this and additional works at: https://scholarship.law.unc.edu/ncilj Recommended Citation Ingrid D. Frankopan, Extraordinary Rendition and the Law of War, 33 N.C. J. INT'L L. 657 (2007). Available at: https://scholarship.law.unc.edu/ncilj/vol33/iss4/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Extraordinary Rendition and the Law of War Cover Page Footnote International Law; Commercial Law; Law This article is available in North Carolina Journal of International Law: https://scholarship.law.unc.edu/ncilj/vol33/ iss4/3 Extraordinary Rendition and the Law of War Ingrid Detter Frankopant I. Introduction ....................................................................... 657 II. O rdinary R endition ............................................................ 658 III. Deportation, Extradition and Extraordinary Rendition ..... 659 IV. Essential Features of Extraordinary Rendition .................. 661 V. Extraordinary Rendition and Rfoulement ........................ 666 VI. Relevance of Legal Prohibitions of Torture ...................... 667 VII. Torture Flights, Ghost Detainees and Black Sites ............. 674 VIII. Legality -
Download the Full Report
H U M A N R I G H T S NO MORE EXCUSES WATCH A Roadmap to Justice for CIA Torture No More Excuses A Roadmap to Justice for CIA Torture Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-2996 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org DECEMBER 2015 ISBN: 978-1-62313-2996 No More Excuses A Roadmap to Justice for CIA Torture Summary ........................................................................................................................................ 1 Methodology ................................................................................................................................. -
Briefing Library European Parliament
Library Briefing Library of the European Parliament 18/01/2012 Extraordinary rendition of terrorism suspects The EU Member States' alleged assistance to the CIA SUMMARY Following 9/11, the Bush In this briefing: Administration established an "extraordinary Context rendition" system, whereby terrorism suspects were transferred, secretly detained and Human rights issues interrogated outside the US. Obstacles to investigation There has been growing evidence of EU Inquiries in Member States suspected of Member States' (MS) collaboration with the secret detention US, allegedly including stopovers by US aircraft at European airports and the setting European Parliament's position up of secret detention sites in three MS. This Main references would arguably amount to serious violations of international human rights law. Context The European Parliament and the Council of Europe (CoE) have investigated those The term “extraordinary rendition” denotes allegations and initiated judicial and the extra-judicial transfer of a suspect parliamentary investigations in individual MS. between countries, in contrast to the However, the investigators' work was hindered formalised process of extradition, i.e. the by the refusal of both the US and European universally accepted form of rendition governments to disclose information, in most regulated by bilateral agreements.1 cases on grounds of "state secrecy". In November 2005, Human Rights Watch No criminal proceedings against agents (HRW), the Washington Post and ABC televi- involved in extraordinary rendition could be sion reported that, following 9/11, the CIA initiated in the US. Those in the EU have not led had been running an extraordinary to the extradition of American agents. rendition programme for terrorism suspects Amongst the EU institutions, the European outside the US. -
Outlawed: Extraordinary Rendition, Torture and Disappearances in the War on Terror
Companion Curriculum OUTLAWED: Extraordinary Rendition, Torture and Disappearances in the War on Terror In Plain Sight: Volume 6 A WITNESS and Amnesty International Partnership www.witness.org www.amnestyusa.org Table of Contents 2 Table of Contents How to Use This Guide HRE 201: UN Convention against Torture Lesson One: The Torture Question Handout 1.1: Draw the Line Handout 1.2: A Tortured Debate - Part 1 Handout 1.3: A Tortured Debate - Part 2 Lesson Two: Outsourcing Torture? An Introduction to Extraordinary Rendition Resource 2.1: Introduction to Extraordinary Rendition Resource 2.2: Case Studies Resource 2.3: Movie Discussion Guide Resource 2.4: Introduction to Habeas Corpus Resource 2.5: Introduction to the Geneva Conventions Handout 2.6: Court of Human Rights Activity Lesson Three: Above the Law? Limits of Executive Authority Handout 3.1: Checks and Balances Timeline Handout 3.2: Checks and Balances Resource 3.3: Checks and Balances Discussion Questions Glossary Resources How to Use This Guide 3 How to Use This Guide The companion guide for Outlawed: Extraordinary Rendition, Torture, and Disappearances in the War on Terror provides activities and lessons that will engage learners in a discussion about issues which may seem difficult and complex, such as federal and international standards regarding treatment of prisoners and how the extraordinary rendition program impacts America’s success in the war on terror. Lesson One introduces students to the topic of torture in an age appropriate manner, Lesson Two provides background information and activities about extraordinary rendition, and Lesson Three examines the limits of executive authority and the issue of accountability.