Justice for Abu Zubaydah?

JUSTICE FOR ABU ZUBAYDAH

Multiple legal cases have been brought on his behalf in several jurisdictions. Some, such as US habeas petitions or damages claims, have gone nowhere. Others, such as the civil proceedings in the United Kingdom, have led to settlements. International human rights cases at regional and UN levels have led to judgments and decisions that condemn his torture and ongoing unlawful detention, and call for reparation including his urgent release.

Yet there has been little recognition by the countries involved of their wrongs, to ensure that it never happens again, or to do everything in their power to bring the violations to an end.

Some quotes from international judgments and decisions:

EUROPEAN COURT HUMAN RIGHTS

In 2014 and 2018 groundbreaking judgments found violations by Poland and Lithuania and order reparation. The judgments noted that: 

The CIA extraordinary rendition programme was “Anathema to the rule of law and the values protected by the Convention”. At Guantánamo Bay his “Indefinite detention without ever being charged with a criminal offence … itself amounts to a flagrant denial of justice.” “Abu Zubaydah is a man deprived of his voice, barred from communicating with the outside world…”
Poland and Lithuania knew, yet cooperated with the US. They are responsible for his torture, unlawful detention, denial of right to a remedy, the right to truth, and duty to investigate and hold those responsible to account.
The States should now:
- “recognise the violations of the applicant’s rights and acknowledge [their] wrongdoing and responsibility for those violations, and [their] contribution to his current circumstances;
- […] provide suitable guarantees of non-repetition to ensure that violations committed against the applicant will not be repeated in the future”, “open an effective, expeditious, thorough and independent investigation to provide a full account of the applicant’s […] treatment”,
- and “make representations and interventions, individually or collectively, as are necessary to bring an end to the on-going violations of his rights”.

FOLLOW UP BY THE COUNCIL OF EUROPE COMMITTEE OF MINISTERS

In its role monitoring the judgements, the Council of Europe Committee of Ministers (COM) has issued several reports calling for action by Poland, Lithuania, other European states and the US.

As follow up, the COM has repeatedly expressed “deep concern” that the judgement have not been fully complied with. It notes “urgent humanitarian concerns” and that his continuing detention may amount to torture:

“… [the Committee of Ministers] calls on the authorities of the other members states of the Council of Europe… to raise the applicant’s situation in their contacts with the United States authorities…” (2023 Resolution)
The Committee of Ministers further exhorted the United States to “reconsider their position and to provide all necessary assurances and assistance or take equivalent measures” and “called on the authorities of the […] member States of the Council of Europe and on the Secretary General to raise the applicant’s situation in their contacts with the United States authorities”.

UN WORKING GROUPS

In Abu Zubaydah v. United States of America, Thailand, Poland, Marocco, Lithuania, Afghanistan, and the United Kingdom (2023) the UN working group on Arbitrary Detention found multiple states share responsibility for his ongoing situation and called for action to ensure immediate release.

“Mr. Zubaydah is effectively a ‘forever prisoner’ with no forum to challenge, and seek to end his arbitrary detention.”
“Mr Zubaydah has always been detained without charge. The failure to lodge criminal charges, or to release him, amounts to arbitrariness. Indefinite and prolonged detention without charge violates article 14(3)(c) of the Covenant.”
Abu Zubaydah’s detention at Guantánamo Bay may constitute a crime against humanity.
The 7 states are “jointly responsible” for his torture, unlawful detention, discrimination, among others.
“The working group request the Governments found to be responsible […] to take the steps necessary to remedy the situation of Mr. Zubaydah without delay…”
“…taking into account all the circumstances, the appropriate remedy would be to release Mr. Zubaydah immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.”

A collective of UN Special Procedures are among those that have specifically called for the release of Abu Zubaydah, to give effect to states international obligations. Their press releases states:

A group of UN experts called on the United States to “immediately release […] Abu Zubaydah, who remains detained for almost 20 years without charge at the Guantánamo Bay detention facility and naval station.”
They noted that they are “exceptionally requesting a Presidential pardon for Mr. Abu Zubaydah, owing to his treatment while in detention and the lack of due process since he was first detained,” noting that his “immediate release and relocation to a third safe country are long overdue.”
In addition to his liberation, the experts requested that “Mr. Abu Zubaydah is accorded an enforceable right to compensation and other measures of reparation, in accordance with international law.”
They underlined “the profound psychological and physical trauma of torture and other cruel, inhuman and degrading treatment and enforced disappearance that Abu Zubaydah has endured and reiterated their call for the United States of America to immediately release and relocate him to a safe third country.”
Other States “should proactively offer their territory for the prompt relocation of Mr. Abu Zubaydah.”