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SG/Inf (2006) 5 28 February 2006

Report by the Secretary General on the use of his powers under Article 52 of the European Convention on Human Rights, in the light of reports suggesting that individuals, notably persons suspected of involvement in acts of terrorism, may have been arrested and detained, or transported while deprived of their liberty, by or at the instigation of foreign agencies, with the active or passive co-operation of States Parties to the Convention or by States Parties themselves at their own initiative, without such deprivation of liberty having been acknowledged

This report may also be referred to as (short title):

Secretary General's report under Article 52 ECHR on the question of secret detention and transport of detainees suspected of terrorist acts, notably by or at the instigation of foreign agencies.


Appendix III – Table containing summaries of the replies given to question 4 of the request29

- Whether, since 1 January 2002 (or since the date of entry into force of the Convention if it occurred later) any public official has been involved in any manner – by action or omission – in the unacknowledged deprivation of liberty of any individual or transport of any individual so deprived of their liberty, including where such deprivation of liberty may have occurred by or at the instigation of any foreign agency.

- Information on any official investigation under way or completed.

Country

Applicable starting date for period under review ( 1/1/2002 or later date)

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Albania

 

 

 

 

 

 

 

 

 

 

Andorra

 

1/1/2002

NO

NO REPLY

 

NO

 

 

 

 

 

Armenia

 

26/4/2002

NO

NO

NO

 

 

 

 

 

Austria

1/1/2002

NO

NO

YES

1. General: official request for clarification by Austrian officials to US authorities through the US embassy in Vienna

 

1. “Austrian officials”

 

 

1. Allegations of deprivation of liberty and transport of individuals

 

1. No information

 

1. No information

 

1. No information

2. Illegal Transport:

particular investigation

 

2. No information

 

 

  • 2. YES

2.No substantial information that the flight in question was actually used to illegally transfer terrorist suspects through Austria

Country

Applicable starting date for period under review ( 1/1/2002 or later date)

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Azerbaijan

15/4/2002

NO

NO

NO REPLY

 

 

 

 

 

Belgium

1/1/2002

NO

NO

YES

“Belgian authorities”

 

It is also stated that the Permanent Control Committee on PoliceServices was not informed of complaints or denunciations of allegations mentioned in the request of the Council of Europe

Questions as put by the Secretary General

 

YES

No public official or other person acting in an official capacity was involved

Bosnia & Herzegovina

12/7/2002

NO REPLY

NO REPLY

YES

[mere reference to a request for information addressed to several authorities]

Ministry of Justice

Information on secret detentions and actions by officials of foreign agencies

No information

No information

No information

Bulgaria

1/1/2002

NO

NO

NO

 

 

 

 

 

Croatia

1/1/2002

NO

NO REPLY

NO

 

 

 

 

 

Cyprus

1/1/2002

NO

NO

YES

Inquiry with all police departments / districts / services

[by Ministry of Foreign Affairs?]

Unacknowledged deprivation of liberty in the period from 1/1/2002

 

 

YES

No case of unacknowledged deprivation of liberty has been ascertained (whether by the Republic, or by any foreign agency)

Country

Applicable starting date for period under review ( 1/1/2002 or later date)

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Czech Republic

1/1/2002

NO

NO

YES

Information was obtained from the “competent Czech authorities”

Unclear which authority sought that information

Whether any public officials or other persons acting in an official capacity have been involved in the unacknowledged deprivation of liberty or transport of individuals so deprived of liberty, including such acts occurring at the instigation of agents of another State

 

YES

No knowledge of any facts indicating such involvement

Denmark

1/1/2002

NO

NO

YES

[mere reference to relevant information already provided to Parliament]

 

 

 

 

 

Estonia

1/1/2002

NO

NO

NO

 

 

 

 

 

Finland

1/1/2002

NO

NO

YES

1. Government

1. One specific flight that landed in Helsinki on 16/5/2003, information asked from the Embassy of the United States.

 

1. YES

1. The US Embassy informed the Government that the aircraft only carried cargo meant for the US embassy

Country

Applicable starting date for period under review ( 1/1/2002 or later date)

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Finland cont.

 

 

 

 

2. Government, inter-departmental

2. Whether suspected terrorists had been placed in Finnish prisons or transported on the order of the Prison Service in Finland.

 

2. YES

2. No, this was not the case and there is no reason to believe that any public official or other person acting in an official capacity nor officials of foreign agencies in Finland have been involved in the unacknowledged deprivation of liberty of any individual.

France

1/1/2002

NO

NO

NO REPLY

 

 

 

 

 

Georgia

1/1/2002

NO REPLY

NO REPLY

NO REPLY

 

 

 

 

 

Germany

1/1/2002

NO

NO

YES

[two investigations on suspicion of unlawful deprivation of liberty in Germany have been launched]

 

Public prosecution offices Zweibrücken and Munich I

1. Alleged kidnapping of an Egyptian citizen in Italy who has allegedly been taken to Egypt via the US military airbase in Ramstein

1. YES

 

 

2. Alleged kidnapping of a German citizen of Lebanese origin allegedly taken by the US authorities from "the former Yugoslav Republic of Macedonia" to Afghanistan

2. YES

 

 

Country

Applicable starting date for period under review ( 1/1/2002 or later date)

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Greece

1/1/2002

NO

(prior to the case currently being investigated)

 

NO

(prior to the case currently being investigated)

YES

Public Prosecutor’s Office at the Athens Court of First Instance

(following a complaint by the President of the association “Pakistani Community of Greece – the Unity“)

Alleged abduction

YES

(Public Prosecutor at the Supreme Court of Justice ordered the urgent examination of the case)

 

 

Hungary

1/1/2002

NO

NO

YES

 

Official written enquiry by Ministry of Foreign Affairs to all relevant Government authorities

Questions as put by the Secretary General

 

YES

No involvement; No knowledge of any secret detention or rendition activities by any foreign authority on the territory or in the airspace of Hungary.

Iceland

1/1/2002

NO

NO

NO

 

 

 

 

 

Ireland

1/1/2002

NO

NO

YES

1. The Government

1. Questions as put by the Secretary General

 

1. YES

1. No indication found of unacknowledged deprivation of liberty or transportation of any individual so deprived of their liberty.

No active or passive involvement of any official.

2. Director of Public Prosecution

2. Investigation in respect of 2 out of 3 complaints made to the Police on allegations relating to CIA flights transporting kidnapped terrorism suspects through Shannon Airport.

 

2. YES

2. Files on two of the complaints were considered serious enough to be sent to the Director of Public Prosecution but no action was taken because of a lack of evidence of any unlawful activity.

Country

Applicable starting date for period under review ( 1/1/2002 or later date)

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Italy

1/1/2002

NO REPLY

NO

NO REPLY

 

 

 

 

 

Latvia

1/1/2002

NO

NO

NO

 

 

 

 

 

Liechtenstein

1/1/2002

NO

NO

NO REPLY

 

 

 

 

 

Lithuania

1/1/2002

NO REPLY

NO REPLY

NO REPLY

 

 

 

 

 

Luxembourg

 

1/1/2002

NO

NO

YES

Competent authorities (unspecified)

Overflight or landing of “suspect flights” as listed by the Parliamentary Assembly

 

YES

Two aircrafts mentioned on the Parliamentary Assembly’s list of 41 “suspect aircraft” landed in Luxembourg:

- on 16/11/2005, a Beech 200 with identification number N312ME landed from Corfu at 09.42 and departed to Dublin at 11.05.

- on 31/01/2006, a Boeing 737-300 with identification number N368CE landed from Frankfurt at 11.44 and departed to Frankfurt at 16.15.

 

In both cases, no passenger left or entered the aircraft.

Country

Applicable starting date for period under review ( 1/1/2002 or later date

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Luxembourg cont.

 

 

 

 

 

 

 

 

Since 7/2/2006, Luxembourg airport authorities are required to inform immediately the competent Minister in case a flight plan indicates a planned landing of one of the aircrafts mentioned on the Parliamentary Assembly list. As necessary, competent authorities will inspect the aircraft.

Malta

01/01/2002

NO

NO

YES

Competent authorities (unspecified)

Questions as put by the Secretary General

 

YES

No public official or other person acting in an official capacity has been involved by action or omission.

Moldova

1/1/2002

NO

NO

NO

 

 

 

 

 

Monaco

30/11/2005

NO

NO

NO REPLY

 

 

 

 

 

Netherlands

1/1/2002

NO

NO

YES

[replies were given to questions from the Parliament]

Parliamentary questions to the Minister of Foreign Affairs and the Deputy Minister of Transport

Flights that landed on Dutch territory of which press reports indicated that it were ‘CIA-flights’

 

YES

Details on the respective flights were provided. In one case, the name of the company that owned the plane was provided. There was no information linking these flights to the CIA and no concrete suspicion of a criminal offence

Country

Applicable starting date for period under review ( 1/1/2002 or later date

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Norway

1/1/2002

NO REPLY

NO REPLY

[but information about investiga-tions]

 

YES

Ministry of Foreign Affairs, Ministry of Transport and Communications

Information sought from the US authorities about 2 specific cases of intermediate landings in Norway

 

 

YES (?)

Assurances given by the US Embassy: the United States abide by Norwegian laws, respect Norwegian territorial sovereignty and will not use Norwegian airports without prior consultation with the Norwegian authorities.

Poland

1/1/2002

NO

NO REPLY

YES

Competent authorities

(unspecified)

Existence of secret prisons or prisoners suspected of terrorism detained on the Polish territory in violation of the Polish laws and international conventions

 

YES

There are no such secret prisons in Poland and there are no prisoners so detained (Declaration of 10/11/2005).

Portugal

1/1/2002

NO

NO

YES

1. Government gathered information through the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of National Defence, the Ministry of Justice and the Ministry of Public Works, Transport and Communication

 

1. Questions as put by the Secretary General

 

 

1. YES

1. No evidence for any involvement of Portuguese authorities or officials in unacknowledged deprivations of liberty or transport.

 

No evidence that any aircraft used for rendition purposes used Portuguese airspace.

 

US assurances that the sovereignty of the Portuguese State, any bilateral agreements or international law were not violated.

Country

Applicable starting date for period under review ( 1/1/2002 or later date

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Portugal cont.

 

 

 

 

2. Ministry of Home Affairs and Ministry of Justice

2. Secret detention centres

 

2. YES

2. The Ministry of Justice certified that no secret detention centres exist and guarantees that no person arrested in circumstances of the type described by the media has been admitted to any Portuguese prison.

Romania

1/1/2002

NO

 

 

NO

 

 

YES

1.Official investigations: Several governmental authorities

1. unacknowledged deprivation and illegal transport

 

 

1. YES

1. Confirmation that no unacknowledged deprivation of liberty or illegal transport took place on Romanian territory

2. Parliamentary investigation: Investigation Committee set up by the Romanian Senate

2. Allegations concerning the existence of CIA detention centres on Romanian territory / flights chartered by CIA, which might have transported persons accused of terrorist acts

2. YES

(Preliminary report expected by 15/2/2006)

 

 

 

 

Russian Federation

1/1/2002

NO

[reply unclear]

NO

[reply unclear]

NO REPLY

 

 

 

 

 

San Marino

1/1/2002

NO

NO

NO

 

 

 

 

 

Serbia & Montenegro

3/3/2004

NO

NO REPLY

NO REPLY

 

 

 

 

 

Country

Applicable starting date for period under review ( 1/1/2002 or later date

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Slovakia

1/1/2002

NO

NO REPLY

YES

Minister of Foreign Affairs, in contact with Minister of Justice, Minister of Defence and Minister of Interior, in order to prepare the reply to the Article 52 request

Existence of cases unacknowledged deprivation of liberty

 

YES

No evidence for any cases of unacknowledged deprivation of liberty.

 

Slovenia

1/1/2002

NO

NO

NO

 

 

 

 

 

Spain

 

01/01/2002

NO REPLY

NO REPLY

[but information provided about investiga-tions]

YES

1. Public prosecutor’s office of Baleares (Fiscalía de Baleares) acting on a complaint by a member of Parliament

(there had previously been an investigation by the competent police authorities [Dirección General de la Guardia Civil])

1. US airplanes transiting through the Baleares in 2005

 

 

1. YES

1. Public prosecutor at the Tribunal Superior de las Islas Baleares discontinued proceedings because of lack of evidence for the commission of an offence.

Country

Applicable starting date for period under review ( 1/1/2002 or later date

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Spain cont.

 

 

 

 

2. Tribunal of first instance of Mallorca (juzgado n° 7) acting on a complaint by a group of lawyers from the Baleares’ bar

 

2. US airplanes transiting through the Baleares in 2005

 

2. YES

(In November 2005)

(the judge decided to transfer the case to the Audiencia Nacional for reasons of competence, a decision that was contested by the prosecutor)

 

 

3. General Prosecutor of the State (Fiscal General del Estado)

3. US airplanes transiting through the Canary Islands in 2005 (this enquiry concerns three types of flights: repatriation of illegal aliens to Nigeria and Liberia, military and civil flights)

3. YES

(in November 2005)

 

 

 

 

 

 

Sweden

1/1/2002

 

NO

NO

YES

LFV Group (Swedish Airports and Air Navigation Services) and the Swedish Civil Aviation Authority

Investigation concerned flights made by aircraft registered in the US to and from Swedish airports

 

 

Reports state that it cannot be concluded that any of the more than 19.000 flights registered between 1/1/2002 and 17/11/2005 have been commissioned by the CIA

Country

Applicable starting date for period under review ( 1/1/2002 or later date

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Switzerland

1/1/2002

NO REPLY

(but see official investigation columns and information is provided about the Padilla case: allegations about unlawful acts by Swiss agents are wholly unfounded)

NO REPLY

(but see official investiga-tion columns).

YES

1. Criminal procedure initiated.

 

 

 

 

 

 

1. Federal Public Prosecutor’s Office (Ministère public de la Confédération)

 

 

1. Alleged acts unlawfully executed by a foreign State (transfer via Switzerland of persons unlawfully deprived of their liberty would be contrary to the Criminal Code):

Abu Omar case (alleged abduction by US agents from Italy and transfer via Swiss airspace to Germany)

 

1. YES

 

 

 

 

 

2. Parliamentary investigation.

2. Délégation des commissions de gestion (responsible for controlling activities relating to State security and intelligence)

2. Establish the information available to the federal authorities and steps made in relation to aircraft used for the transportation of unlawfully detained terrorist suspects via Switzerland and whether intelligence authorities were aware of the CIA activities.

 

 

2. YES

(on 31/1/2006)

 

2. The Swiss authorities have no evidence that the Swiss airspace or airports have been used by the CIA for illegal purposes. The only case of doubt is being investigated (see above).

The Swiss authorities have acted correctly by making clear to the US authorities that they would not condone extraordinary renditions.

As regards the intercepted Egyptian fax implying that there would be secret detention places in Europe, the Swiss authorities consider that it provides no evidence of the existence of these detention centres.

Country

Applicable starting date for period under review ( 1/1/2002 or later date

Public official(s) involved?

Official investigation

Deprivation of liberty

 

Transport of any individual deprived of their liberty

Official investigation? (yes/no/no reply)

By whom

Subject of investigation

Underway

 

Completed

 

Results

Switzerland cont.

 

 

 

 

3. OFAC

(Federal Office for Civil Aviation)

3. Identify movement of suspect aircraft mentioned in the media and by NGOs

 

3. YES

3. Between December 2001 and December 2005, four suspect airplanes landed and 74 (as at 5/1/2006) flew over Swiss territory. All official aircraft had the necessary authorisation. Private aircraft do not need such authorisation. None of these aircraft had directly arrived or flown from Guantánamo Bay. It could not be established whether they carried out connection flights to or from Guantánamo.

“the former Yugoslav Republic of Macedonia”

1/1/2002

NO REPLY

NO REPLY

NO REPLY

 

 

 

 

 

Turkey

1/1/2002

NO

NO

NO REPLY

 

 

 

 

 

Ukraine

1/1/2002

NO

NO

NO

 

 

 

 

 

United

Kingdom

1/1/2002

NO

NO

YES

1. Allegations by the UK NGO Liberty and others have been passed to the police

1. Use of UK airspace for transfer of detainees to locations where they may be subjected to ill-treatment

 

1. YES

 

 

2. Searches by officials of the Foreign and Commonwealth Office of records of rendition flights (records back to 5/1997)

2. Rendition by the US through UK territory or airspace

 

2. YES

2. No evidence of detainees being rendered through the UK or Overseas Territories since 11/9/2001

Four cases of US requests found for the year 1998: 2 granted, 2 refused


29 This Appendix must be read in conjunction with the text of Section IV concerning the fourth question.

See the Addendum to this Report for the full text of the replies given (to be published on the Council of Europe website: http://www.coe.int).



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