Nine years after his arrest in
Macedonia and abduction to Afghanistan - where he was interrogated
and tortured - Khaled el-Masri on Thursday won a demand for damages
before Europe's top human rights court.
In its first ruling on the US Central Intelligence Agency's (CIA)
"extraordinary rendition" programme, the European Court of Human
Rights held Macedonia responsible for el-Masri's mistreatment and
ordered the government to pay him 60,000 euros (78,300 dollars) in
damages.
El-Masri, 49, a German man of Lebanese origin, was detained by
Macedonian police in December 2003 and taken to a hotel, where he was
held incommunicado and interrogated for three weeks about his alleged
ties to terrorist organizations before being handed over to the
US secret service.
Disguised agents, believed to be from the CIA, then tortured him
at Skopje airport before flying him to Afghanistan, where he was held
in a dark cell and beaten during interrogations until finally being
released in May 2004, after two hunger strikes.
By the time he was brought back to Germany, via Albania, he had
lost 18 kilogrammes.
Reacting to the verdict, el-Masri's lawyer, Darian Pavl, said it
was a "signal to all countries who are planning to collaborate with
the US that these practices cannot be justified and that their
governments and individual officials will be held responsible."
Amnesty International also hailed the ruling.
"This judgment confirms the role Macedonia played in the Central
Intelligence Agency rendition and secret detention programmes, and is
an important step towards accountability for European complicity in
rendition and torture," said Julia Hall, Amnesty International's
expert on counter-terrorism and human rights.
"Macedonia is not alone. Many other European governments colluded
with the USA to abduct, transfer, 'disappear' and torture people in
the course of rendition operations. This judgment represents
progress, but much more needs to be done to ensure accountability
across Europe."
El-Masri was one of several terrorist suspects arrested in Europe
in the wake of the September 11, 2001 attacks and handed to the
CIA to be secretly interrogated in countries with poor human rights
records.
Despite a Council of Europe inquiry into the renditions - which
concluded that el-Masri's account was true - and Macedonia's interior
minister at the time of el-Masri's arrest also corroborating
el-Masri's story, the countries at the heart of the case refused to
pursue it.
A claim brought in the US went all the way to Supreme Court, where
it was dismissed by judges in 2007 who said that national security
interests outweighed el-Masri's right to seek justice.
In Germany, a prosecutor attempted to have the CIA agents involved
in the operation extradited, but a court in Cologne ruled the
government was under no obligation to act on the request.
Authorities in Macedonia also refused to entertain the case,
alleging that el-Masri had been detained on suspicion of travelling
on false documents and subsequently let go.
In a unanimous ruling, the 17 judges of the ECHR's Grand Chamber
dismissed that take on events, saying El-Masri's account had been
"established beyond reasonable doubt."
Macedonia was not only responsible for his torture and
ill-treatment within its borders, but also "after his transfer to the
US authorities in the context of an extra-judicial 'rendition,'" the
court ruled.
By holding him incommunicado in a hotel for 23 days and then
handing him over to the CIA despite knowing that he risked being
tortured, Macedonia had violated the European Convention on Human
Right's ban on torture and inhuman or degrading treatment, the court
found.
The court also found Macedonia guilty of violating el-Masri's
right to liberty and security, not respecting his private life and
not honouring his right to an effective remedy.
The court's ruling, which is final, is binding upon Macedonia.
"This is an extraordinary important judgement by a European court
which confirms that, in the fight against terrorism, we must preserve
and respect our basic rights," Pavli said.
El-Masri is currently serving a jail sentence for assaulting a
German mayor. He is slated for release in mid-2013.
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News Column
CIA Torture Victim Wins Landmark Case
Dec. 13, 2012
Clare Byrne, dpa
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Source: Copyright 2012 dpa Deutsche Presse-Agentur GmbH
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