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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-30 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH)
H46-30 Al Nashiri v. Romania (Application No. 33234/12) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalling that in the present judgment the European Court established Romania’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 Romania in the context of an “extraordinary rendition” operation, which enabled the United States authorities to bring the applicant illegally under United States jurisdiction;
As regards measures to remedy the applicant’s situation
2. welcomed that, despite unsuccessful past attempts, the Romanian authorities have renewed their previous representations and inquiries about the conditions of the applicant’s continuing detention at the Guantánamo Detention Facility and trial before the military commission, and have continued to explore further avenues of dialogue with the United States authorities and ways to make effective those already identified in order to remove or, at least, mitigate all the risks identified in the judgment in respect of the applicant; invited them to continue their dialogue with the US authorities to seek to remedy, as far as possible, the consequences of the serious human rights violations suffered by the applicant and to keep the Committee informed about any developments in this respect;
3. reiterating in this context their firm, unequivocal opposition to the death penalty, and recalling that the United States has observer status with the Council of Europe and as such shares its ideals and values, expressed their profound regret at the United States authorities’ refusals, so far, to support requests for diplomatic assurances against the grave risks faced by the applicant;
As regards investigative measures
4. noting with regret the analysis conducted by the General Prosecutor’s Office which again deemed it unfeasible to reopen the criminal investigation because of the absence of evidence meeting the criminal standard of proof, invited the authorities to consider alternative avenues, such as a public inquiry or other appropriate means, in order to elucidate, as far as possible, the circumstances of Romania’s knowledge of and involvement in the implementation of the CIA “High-Value Detainee Programme” and secure the right to the truth, as a means of justice and non-repetition;
5. requested the authorities to submit updated information on the remaining questions by
30 June 2025 at the latest.