Al Nashiri v Poland (App. No 28761/11)
In this case, the ECtHR concluded that Poland violated Articles 2, 3, 5, 6 § 1 and 8 of the Convention and Article 1 of Protocol No. 6 by participating in the extraordinary rendition and secret detention of Mr. Al Nashiri in a secret CIA prison on Polish soil, and by failing to effectively investigate this participation. The ECtHR found it established beyond reasonable doubt that the applicant was secretly detained in a secret CIA prison on Polish territory from 5 December 2002 until 6 June 2003. In addition, it found that by refusing to comply with its evidentiary requests, Poland failed to discharge its obligations under Article 38 of the Convention. Since 2006, the applicant has been held at Guantanamo Bay, facing the prospect of an unfair trial by a military commission and continuing risk of the death penalty.
The case was presented by Rupert Skilbeck, Litigation Director at Open Society Justice Initiative.