Geheime detentiecentra in Oost-Europa. De aansprakelijkheid van staten voor medeplichtigheid bij ernstige mensenrechtenschendingen in de strijd tegen terrorisme

This chapter discusses to what extent Council of Europe Member States have been held responsible for their collaboration (i.e. by providing secret detention sites) with the CIA in the United States' extraordinary rendition program. To answer this question, we first discuss the background and organisation of the extraordinary rendition program in general and the secret detention sites on European soil. Second, we address several aspects of the case law of the European Court of Human Rights: the attribution of conduct in violation of articles 3 and 5 of the European Convention on Human Rights; the knowledge on the part of the Council of Europe Member States; the role and significance of diplomatic assurances; and, lastly, the distribution of the burden of proof by the Court.