Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 25
Paragraphe- Paragraph text
- The European Court of Human Rights, in El-Masri, held that a State was responsible for acts performed by foreign officials on its territory with the "acquiescence or connivance of its authorities", imputing to the former Yugoslav Republic of Macedonia harmful conduct that was "carried out in the presence of [its] officials" and within its jurisdiction". The Court further found that Poland had an obligation to do more than refrain from collaborating with and facilitating the Central Intelligence Agency rendition programme when it knew or ought to have known that detainees would be subject to extraordinary rendition and exposed to a risk of torture or other ill-treatment upon transfer. Even when the Polish authorities did not "know exactly or witness what was happening in the facility", they were required to take measures to ensure that individuals within their jurisdiction were not subjected to mistreatment, including harm administered by private individuals (Abu Zubaydah v. Poland). The State should have taken steps to "inquire into whether [the activities of the Agency] were compatible" with the international legal obligations of Poland and indeed acted to prevent the activities in question (Al Nashiri v. Poland).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Persons on the move
- Année
- 2015
- Type de paragraphe
- Other
- Paragraph number
- 25
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