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Extraordinary Renditions – Shadow Proceedings, Human Rights, and ”the Algerian six”: The War on Terror in Bosnia and Herzegovina

  • Almir Maljević
Chapter

Abstract

The decision of the US Supreme Court of 12 June 2008 in Boumediene et al.v. Bush et al. (No. 06–1195) and Lakhdar Boumediene et al. v. Bush, President of the United States et al. and Khaled A. F. Al Odah, next friend of Fawzikhalid Abdullah Fahad Al Odah et al. v. United States et al. ruled that denying the petitioners (alleged terrorists imprisoned in Guantanamo Bay in the aftermath of the 9/11 attacks) access to habeas corpus had been illegal. Thereby, the US Supreme Court confirmed that “some of the petitioners have been in custody for 6 years with no definitive judicial determination as to the legality of their detention. Their access to the writ is a necessity to determine the lawfulness of their status, even if, in the end, they do not obtain the relief they seek.” This practically means that the detainees had been imprisoned based on the decisions of the US Government without adequate legal means being provided to find or present evidence to challenge its decisions.

The process leading to this judgement began when Congress, in order to prevent any further acts of international terrorism against the USA, authorised President Bush “to use all necessary and appropriate force against those nations, organisations, or persons he determines planned, authorised, committed, or aided the terrorist attacks that occurred on 11 September 2001, or harboured such organisations or persons.” The measures deployed to get bring suspected terrorists into US custody, the locations created to imprison any such suspects caught (black sites) and the newly developed, so-called “enhanced” methods of interrogation declared suitable to glean information from them, introduced pursuant to this authorisation and swiftly put in practice, quickly displayed that the new approach introduced by the US administration has little to do with the human rights standards developed in the last decades, so far regarded as inviolable categories in Europe and beyond.

Keywords

Death Penalty Criminal Offence Geneva Convention Residence Permit International Terrorism 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Amnesty International (2002). Bosnia-Herzegovina: Transfer of six Algerians to US custody puts them at risk. Amnesty International: AI Index: EUR 63/001/2002.Google Scholar
  2. Amnesty International (2006). Partners in Crime: Europe’s Role in US Renditions. Am nesty International.Google Scholar
  3. Borelli, S. (2004). The Treatment of Terrorist Suspects Captured Abroad: Human Rights and Humanitarian Law. In Bianchi, A. (ed). Enforcing International Law Norms Against Terrorism. pp. 39–61. Oregon: Hart Publishing.Google Scholar
  4. Committee on Legal Affairs and Human Rights (CLAHR). (2006). Alleged secret detentions and unlawful inter-state transfers involving Council of Europe member states: Draft Report – Part II (Explanatory Memorandum). Council of Europe.Google Scholar
  5. Convention for the Protection of Human Rights and Fundamental Freedoms. ETS No. 005. Retrieved 29.10.2007 from http://conventions.coe.int/Treaty/EN/Treaties/Html/005.htm.
  6. Council of Europe, Guidelines on Human Rights and the Fight Against Terrorism (2002). Retrieved 31.10.2007 from http://www.coe.int/t/e/legal_affairs/legal_co-operation/public_international_law/texts_&_documents/2002/H_2002_4E.pdf
  7. Criminal Code of the Federation of Bosnia and Herzegovina. Official Gazette of the Federation of Bosnia and Herzegovina. No. 43/98; 29/00.Google Scholar
  8. Criminal Procedure Code of the Federation of Bosnia and Herzegovina. Official Gazette of the Federation of Bosnia and Herzegovina. No. 43/98; 23/99.Google Scholar
  9. Department of Defense. Military Commission Order No. 1 from 21 March 2002 (2002). Retrieved 31.10.2007, from http://www.legislationline.org/legislation.php?less=false&lid=4125&tid=46
  10. Derenčinović, D. and Becker, S. (2008) International terrorism: the future unchained? Zagreb: Faculty of Law, University of Zagreb.Google Scholar
  11. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) (2007). 17th General Report on the CPT’s activities covering the period 1 August 2006 to 31 July 2007. Strasbourg: Council of Europe.Google Scholar
  12. European Court of Human Rights (2008). The Decision in Boumediene and others against Bosnia and Herzegovina from 18 November 2008.Google Scholar
  13. White House (2002). Fact Sheet: Status of Detainees at Guantanamo. Retrieved 29.10.2007. from http://www.whitehouse.gov/news/releases/2002/02/20020207–13.html
  14. Fisher A. & Satterthwaite M. (2005). Beyond Guantanamo: Transfer to Torture One Year after Rasul v. Bush. New York: The Center for Human Rights and Global Justice.Google Scholar
  15. Human Rights Chamber of Bosnia and Herzegovina (2002) (HRC, Decision I). Decision on admissibility and merits (11 October 2002) Cases nos. CH/02/8679, CH/02/8689, CH/02/8690, and CH/02/8691.Google Scholar
  16. Human Rights Chamber of Bosnia and Herzegovina (2003) (HRC, Decision II). Decision on admissibility and merits (4 April 2003) Case no. CH/02/8961.Google Scholar
  17. Human Rights Chamber of Bosnia and Herzegovina (2003) (HRC, Decision III). Decision on admissibility and merits (4 April 2003) Case no. CH/02/9499.Google Scholar
  18. Supreme Court of the United States (2008). Opinion of the Court in Lakhdar Boumediene et al. V. Bush, President of the United States et al. and Khaled A. F. Al Odah, next friend of Fawzikhalid Abdullah Fahad Al Odah et al. v. United States et al., 12 June 2008.Google Scholar
  19. Marty, D. (2006). Alleged secret detentions and unlawful inter-state transfers involving Council of Europe member states: Draft report – Part II (Explanatory memorandum). Council of Europe. Retrieved 29.10.2007 from http://assembly.coe.int/CommitteeDocs/2006/20060606_Ejdoc162006PartII-FINAL.pdf
  20. Oleskey, S. H. (2006). Memorandum to the Temporary Committee on the Transportation and Illegal Detention of Prisoners of the European Parliament: Rendition of Six Bosnian Citizens and Former Residents to Guantanamo Bay. Retrieved 29.10.2007 from http://www.statewatch.org/cia/documents/oleskey-memorandum-25–04–06.pdf.
  21. Presidents Military Order: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism from November 13th 2001 (2001). Retrieved 31.10.2007 from http://www.whitehouse.gov/news/releases/2001/11/20011113–27.html
  22. Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the ECHR and the Protocol No. 1 thereto as amended by the Protocol No. 11 (ETS no. 155). ETS no. 046. Retrieved 29.10.2007 from http://conventions.coe.int/Treaty/EN/Treaties/Html/046.htm
  23. Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by the Protocol No. 11 (ETS no. 155). ETS No. 117. Retrieved 29.10.2007 from http://conventions.coe.int/Treaty/EN/Treaties/Html/117.htm
  24. Skuletic, S. (23 August 2007). BiH trazi povratak “alzirkse grupe.” Dnevni Avaz: Online izdanje. Retrieved 23.08.2007 from http://www.avaz.ba
  25. Statement by the Press Secretary on the Geneva Convention (2003). Retrieved 29.10.2007 from http://www.whitehouse.gov/news/releases/2003/05/20030507–18.html
  26. Temporary Committee (of the European Parliament) on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (TCEP) (2006). INTERIM REPORT on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners.Google Scholar
  27. The Law on Citizenship of Bosnia and Herzegovina. Official gazette of Bosnia and Herzegovina. No. 13/99.Google Scholar
  28. The Law on Citizenship of the Federation of Bosnia and Herzegovina. Official gazette of the Federation of Bosnia and Herzegovina. No. 43/01.Google Scholar
  29. The Law on Immigration and Asylum of Bosnia and Herzegovina. Official gazette of Bosnia and Herzegovina. No. 23/99.Google Scholar
  30. United Nations Office of the High Commissioner for Human Rights (Field Operation in Bosnia and Herzegovina) (2002) (UNOHCHR, Brief). OHCHR Submission to the Bosnia and Herzegovina Human Rights Chamber Re: Cases nos. CH/02/8679, CH/02/8689, CH/02/8690, and CH/02/8691. Unpublished. Google Scholar
  31. US Congress (2001). H.J. Res. 64: Authorization for Use of Military Force. Retrieved 29.10.2007 from http://www.fas.org/irp/threat/useofforce.htm

Copyright information

© Springer Science+Business Media, LLC 2010

Authors and Affiliations

  1. 1.Faculty of Criminal Justice SciencesUniversity of SarajevoSarajevoBosnia and Herzegovina

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