The attacks of 11 September marked the beginning of an important new chapter of the war on terror. Since then, the United States adopted the secret detention system shifting the CIA role from spying to arrest and torture under the excuse of fighting terrorism. On 17 September 2001, President Bush authorized the Director of the CIA to engage in secret intelligence. CIA activities in the ‘war on terror’ since 11 September 2001 attack the so-called extraordinary renditions as well as the secret detention program and the related allegations of torture.
In the years after the declaration of the ‘War on Terror’ in September 2001, the United States Government led the way in constructing a global system of detention outside the law. Illegal prisoner transfers between states (rendition) and inhuman interrogation of detainee-involved torture. The case of the secret US prisons “Black Sites” in some European countries is that the CIA has agreements with some European countries about the use of secret prisons for interrogating detainees suspected of “Al-Qaeda.”
The Large effort made during the 20th Century to establish European governance mechanisms aimed to ensure the realization of human rights. The Council of Europe Report said that certain European Governments were aware of the flights organized by American intelligence through European airspace or airports. Another notable issue that some European countries involve in such practices, but such European States had signed the Council of Europe Charter against torture while today it accused of harbouring these secret prisons.
Extreme measures that the government has taken since the United States (US) attacks on 11 September 2001. The military activities of the US government and its allies in Iraq and Afghanistan, the activities of the US Central Intelligence Agency (CIA) .Such scenes of imprisonment and humiliation as illustrated, the US conception of the fight against terrorism led to the use of extraordinary instruments by CIA. There are serious allegations that the CIA has used means of torture. This paper has suggested that illuminating lessons learnt from this case of extraordinary rendition. The most detailed investigation into this issue so far carried out by the COE Rapporteur Dick Marty. He maintained in two reports that between 2001 and 2006, European airspace used for flights operated by the CIA, and at least some of them for the purpose of extraordinary rendition.
1.1 Introduction to the topic
In the report prepared by the Swiss Senator Dick Marty to the Council of Europe acknowledged that the U.S is holding suspects on European countries territories where they face torture. Marty began his investigation in November 2004 to the Council of Europe the highest structure competent to consider human rights. Marty accused the European countries of being involved in these operations, saying that it is impossible that such activities happen without the known of such countries. The Swiss investigation focused in his report to the Council of Europe on individual cases who kidnapped by the CIA and accused a number of Eastern European countries hosted secret prisons.
Investigators from the Council of Europe got recordings of Euro control; the body responsible for flying safety in Europe that track down flights suspected. Data Study on international air traffic during 2003 revealed a site in Romania and a former military airport in northeastern Poland. The Romanian Prime Minister Calin Tarino stated: There are “no CIA bases in Romania” neither Poland, where the former Defence Minister Jerzy Smadgenski said: “We don’t arrest any terrorists here.’ Moreover, some of the main suspects in what is known “Terror” are being held in Europe, Spain, Netherlands, Romania, Iceland and Poland’s involved in transfer intelligence officers and detainees to and from the secret prisons.
There is evidence, for example, that states hosted US secret prisons such as Poland knew about what was going on and provided key logistical assistance and diplomatic cover to facilitate operations. Other states played a key role in the capture of individual detainees, and their transfer to US forces for rendition, secret detention, and abuse. For this effort, Spain began an investigation about CIA planes carrying suspects stopped in the Spanish territory. On Nov.2005, the Spanish Interior Minister said on television speech -if these allegations proved such activities might negatively affect the relations between the Spanish Government and U.S. The American intelligence suspected of using Majorca’s airport in such flights.
This study proceeds as follows; the first chapter contain the introduction and the literature review. In the second chapter a brief description about the council of Europe institutions and tools. Chapter three will illustrate US secret service reactions to 11 September and provide an overview of various topics as the September 11 attacks in the US, the evolution of the rendition program and secret CIA prisons in Europe. While the fourth chapter examines Council of Europe responses, the forms of rendition and the involvement by European countries and explores the involvement of European countries that has investigated by the Council of Europe.
Based on this approach presented chapter five will examine the Council of Europe reaction and focus on answering the research question; how did the Council of Europe respond to illegal transfers and secret detention in Europe by the CIA? If the Council of Europe investigates concern the existence of secret US prisons on European, territories achieved the stressed question how such incidents can avoided in the future and to what degree the Council of Europe can effectively protect human rights even against the CIA/US government. The sixth and ‘nal section will be the conclusion.
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