The UN Working Group on Arbitrary Detention released a report [13] May 30 finding that Afghanistan, Lithuania, Morocco, Poland, Romania, Thailand, United Arab Emirates (UAE) and the US all participated in human rights violations against Abd al-Rahim Hussein al-Nashiri [14], the man accused of involvement in the bombing of the USS Cole [15] in 2000. Al-Nashiri is currently held in Guantanamo Bay prison, though he is said to have been previously detained in the territories of each of these countries.
The report contains graphic descriptions of "enhanced interrogation techniques" used by the US Central Intelligence Agency (CIA), including prolonged forced nudity, sleep deprivation, physical beatings, waterboarding, prolonged forced standing while chained, restrictive confinement in a small box, exposure to cold temperatures, and forced rectal feeding after prolonged food deprivation. A source cited in the report alleges that al-Nashiri was subjected to waterboarding multiple times. The US Department of Defense allegedly appointed a medical expert in treating torture victims to assess al-Nashiri. That expert claimed al-Nashiri was one of the "most severely traumatized individuals" she had ever treated.
The report concluded: "While the Working Group has specifically addressed Mr. al-Nashiri's case in this opinion, the conclusions reached here also apply to other detainees in similar situations at Guantanamo Bay."
In Poland's response to the report, it cited the European Court of Human Rights (ECHR) case Al Nashiri v. Poland [18], which identified several incidences of human rights violations. In that case, Poland paid restitution. Romania also cited its own ECHR case, which found that Romania erred in allowing al-Nashiri to be transferred out of its territory despite knowing he would likely be subject to further undisclosed detention by the US. Morocco claimed that after an investigation into their own conduct, the government found no reason to believe that al-Nashiri was ever in Morocco during his detention.
Afghanistan, Thailand, the UAE and the US did not respond to the allegations, according to the report.
Al-Nashiri's treatment has also been the subject of scrutiny by the US Senate Select Committee on Intelligence, which found in its 2014 report [19] on the CIA's detention program that al-Nashiri had been threatened with a gun and a drill during an interrogation.
Al-Nashiri's trial process has been a slow one, with his next pre-trial hearing scheduled for later this year. The DoD has announced [20] that media will be allowed to watch via CCTV.
From Jurist [16], June 6. Used with permission.
