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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-23 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH)
H46-23 Abu Zubaydah group v. Lithuania (Application No. 46454/11) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that in these judgments the European Court established Lithuania’s responsibility under the Convention on account of the authorities’ knowledge of and involvement in the implementation of the CIA “High-Value Detainee Programme” and found serious violations of several Convention rights by Lithuania in the context of an “extraordinary rendition” operation which enabled the United States authorities to bring the applicants illegally under United States jurisdiction;
As regards measures to remedy the applicants’ situation
2. welcomed the Lithuanian authorities’ ongoing diplomatic efforts vis-à-vis the United States and their enquiries about both applicants’ situation, which have enabled them to maintain dialogue with their US counterparts and to obtain certain updated information concerning both applicants; invited them to continue their dialogue with the US authorities seeking to remove or, at least, mitigate all the risks identified in the judgments and to keep the Committee informed of the follow-up on their diplomatic action and of their reflections on diplomatic assurances in respect of Mr al-Hawsawi;
3. recalled once more that the United States has observer status with the Council of Europe and as such shares its ideals and values, and that this status and such values encourage co-operation; exhorted them accordingly to reconsider their position and to provide all necessary assurances and assistance or take equivalent measures;
As regards the domestic investigation
4. noted that the European Court found in the recent al-Hawsawi judgment that the criminal investigation carried out by Lithuania in the period after the delivery of the Abu Zubaydah judgment had so far been ineffective, but that there were no insurmountable practical obstacles to carrying it out;
5. welcomed in this context the recent efforts of the Lithuanian prosecuting authorities, in response to the Committee’s calls to explore every avenue for international co-operation, to seek assistance from EUROJUST, which enabled a coordination meeting with Polish counterparts to take place in March 2024; invited the authorities to follow up on that meeting and to keep the Committee informed of any developments in their efforts to seek international co-operation to advance with the investigation, including co-operation with other jurisdictions;
6. reiterated their previous invitations concerning the Lithuanian authorities’ efforts to gather evidence from US proceedings and to seek to identify effective courses of action with Mr Abu Zubaydah’s counsels in the United States; invited them further to clarify without delay how they intend to address the specific shortcomings identified by the Court in the al-Hawsawi judgment in respect of the ongoing domestic criminal investigation to ensure its thoroughness, promptness, openness to public scrutiny and accessibility to the victims;
7. requested the authorities to submit information on all the remaining questions by 30 June 2025 at the latest.