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Nashiri Litigation in the ECHR

Benjamin Wittes
Tuesday, August 7, 2012, 7:34 AM
Just noticed this: It seems that the Open Society Foundations has brought suit in the European Court of Human Rights against at least two Eastern European countries on behalf of suspected USS Cole bomber, Abd al-Rahim Hussein Muhammad Al Nashiri. There's this action against Romania. There's also this action against Poland.

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Just noticed this: It seems that the Open Society Foundations has brought suit in the European Court of Human Rights against at least two Eastern European countries on behalf of suspected USS Cole bomber, Abd al-Rahim Hussein Muhammad Al Nashiri. There's this action against Romania. There's also this action against Poland. Both allege that the states in question were complicit in Al Nashiri's captivity and mistreatment in the CIA detention and interrogation program. The ECHR cannot really do anything about Al Nashiri's case at this stage, given that he's at Guantanamo before a military commission---a proceeding neither Poland nor Romania has any say in. But it can certainly raise the embarrassment stakes for countries that cooperated with the United States after 9/11.

Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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