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Содержание I. introduction Iii. secret detention practices in past contexts Iv. secret detention practices in the global “war on terror” since 11 september 2001 V. the nature and scope of secret detention practices in relation to contemporary regional or domestic counter-terrorist efforts V. conclusions Case summaries II. SECRET DETENTION UNDER INTERNATIONAL LAW A. Terminology B. Secret detention and international human rights law and international humanitarian law 1. Secret detention and the right to liberty of the person 2. Secret detention and the right to a fair trial 3. Secret detention and enforced disappearance 4. Secret detention and the absolute prohibition of torture and other forms of ill-treatment 5. State responsibility through secret detention by proxy 6. Secret detention and derogations from international human rights Legality of the Threat or Use of Nuclear Weapons 7. Secret detention and international humanitarian law Iii. secret detention practices in past contexts Nacht und Nebel Erlaß Secret detention in Africa Secret detention in Northern Africa and the Middle East ... Полное содержание

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HUMAN RIGHTS COUNCIL
Thirteenth session
Agenda item 3

Joint study on global practices in relation to secret detention in the context of countering terrorism of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances

CONTENTS

	Paragraph	Page
I. INTRODUCTION	1-7
II. SECRET DETENTION UNDER INTERNATIONAL LAW	8-56
A. Terminology	8-16
B. Secret detention and international human rights law and international humanitarian law	17-56
1. Secret detention and the right to liberty of the person	18-23
2. Secret detention and the right to a fair trial	24-27
3. Secret detention and enforced disappearance	28-30
4. Secret detention and the absolute prohibition on torture and other forms of ill-treatment	31-35
5. State responsibility through secret detention by proxy	36-43
6. Secret detention and derogations from international human rights	44-53
7. Secret detention and international humanitarian law	54-56
III. SECRET DETENTION PRACTICES IN PAST CONTEXTS	57-97
A. The emergence of the recent practice of secret detention	57-59
B. The recent practice of secret detention	60-86
1. Secret detention in Latin America	60-70
2. Secret detention in Africa	71-74
3. Secret detention in Northern Africa and the Middle East	75-78
4. Secret detention in Asia	79-83
5. Secret detention in Europe	84-86
C. The United Nations and regional responses towards outlawing the practice of secret detention	87-97
IV. SECRET DETENTION PRACTICES IN THE GLOBAL “WAR ON TERROR” SINCE 11 SEPTEMBER 2001	98-162
A. The “high-value detainee” program and the CIA’s own secret detention facilities	103-129
B. CIA detention facilities or facilities operated jointly with US military in battlefield zones	130-139
1. Afghanistan	131-135
2. Iraq	136-139
C. Proxy detention sites	140-156
1. Jordan	143-144
2. Egypt	145
3. The Syrian Arab Republic	146-148
4. Morocco	149
5. Pakistan	150-151
6. Ethiopia	152-154
7. Djibouti	155
8. Uzbekistan	156
D. Complicity in the practice of secret detention	157
E. Secret detention and the United States administration of President Obama	158-165
V. THE NATURE AND SCOPE OF SECRET DETENTION PRACTICES IN RELATION TO CONTEMPORARY REGIONAL OR DOMESTIC COUNTER-TERRORIST EFFORTS	165-281
A. Asia	167-201
B. Central Asia	202-206
C. Europe	207-214
D. Middle East and North Africa	215-250
E. Sub-Saharan Africa	251-281
V. CONCLUSIONS	282-292
Annex I SUMMARY OF GOVERNMENT REPLIES TO QUESTIONNAIRE
Annex II CASE SUMMARIES

I. INTRODUCTION

1. The present joint study on global practices in relation to secret detention in the context of countering terrorism was prepared by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Working Group on Arbitrary Detention (represented by its Vice Chairperson), and the Working Group on Enforced and Involuntary Disappearances (represented by its Chairperson).
   

2. The study was prepared within the mandates of the above-mentioned special procedures. In particular, the Human Rights Council, in its resolution 6/28, requested the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism to make concrete recommendations on the promotion and protection of human rights and fundamental freedoms while countering terrorism, and to work in close coordination with other relevant bodies and mechanisms of the United Nations, in particular with other special procedures of the Council, in order to strengthen the work for the promotion and protection of human rights and fundamental freedoms while avoiding unnecessary duplication of efforts.
   

3. In its resolution 8/8, the Council requested the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to study, in a comprehensive manner, trends, developments and challenges in relation to combating and preventing torture and other cruel, inhuman or degrading treatment or punishment, and to make recommendations and observations concerning appropriate measures to prevent and eradicate such practices.
   

4. In its resolution 6/4, the Council requested the Working Group on Arbitrary Detention to seek and receive information from Governments and intergovernmental and non-governmental organizations, and receive information from the individuals concerned, their families or their representatives relevant to its mandate, and to formulate deliberations on issues of a general nature in order to assist States to prevent and guard against the practice of arbitrary deprivation of liberty. Like other mandates, it was asked to work in coordination with other mechanisms of the Human Rights Council.
   

5. In its resolution 7/12, the Council requested the Working Group on Enforced or Involuntary Disappearances to consider the question of impunity in the light of the relevant provisions of the Declaration on the Protection of All Persons from Enforced Disappearances, having in mind the set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II, and E/CN.4/2005/102/Add.1), and to provide appropriate assistance in the implementation by States of the Declaration and existing international rules.
   

6. In the above context, the four mandates endeavoured to address global practices in relation to secret detention in counter-terrorism. In the joint study, they describe the international legal framework applicable to secret detention and provide a historical overview of the use of secret detention. The study addresses the use of secret detention in the context of the “global war on terror” in the post 11 September 2001 era. To the extent possible, in order to demonstrate that the practice of secret detention is regrettably not an uncommon one, it also highlights a number of cases where it has been utilized in and by States from various geographical regions. Owing to its global nature, the present study cannot be exhaustive but rather aims to highlight and illustrate by examples the wide spread practice of secret detention and related impunity. Finally, the study concludes with concrete recommendations regarding these practices, aimed at curbing the use of secret detention and the unlawful treatment or punishment of detainees in the context of counter-terrorism.
   

7. Owing to the secrecy of the practice of secret detention, it was often difficult to gather first hand information; nevertheless, a wide array of national, regional and international sources was consulted. While United Nations sources have been drawn upon, primary sources include responses to a questionnaire sent to all Member States (annex I) and interviews with current or former detainees (summaries of which are given in annex II). In some cases, secondary sources such as media and other sources were used. Such accounts, while not always verifiable are utilized when regarded by the mandate holders as credible. Responses to the questionnaire were received from 44 States. A number of interviews had been held with people who were held in secret detention, family members of those held captive, as well as legal representatives of individuals held. The mandate holders conducted face to face interviews in Germany and the United Kingdom of Great Britain and Northern Ireland. Other interviews were conducted by telephone. Formal meetings at the level of capitals were held with officials in Berlin, London and Washington, D.C. The mandate holders thank those States that cooperated with them and facilitated their joint work. They also wish to thank the Office of the United Nations High Commissioner for Human Rights (OHCHR) as well as others who provided valuable research and other assistance to the study.