Fact Sheet

Time Line: Al-Nashiri v. Poland at the European Court of Human Rights

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Date
November 2013

October 2002: Abd al-Rahim al-Nashiri, a Saudi national, is captured in Dubai, UAE, and subsequently secretly transferred to CIA custody. He is taken to a secret CIA prison in Afghanistan known as the “Salt Pit,” and then to another black site prison in Bangkok, Thailand, where he was waterboarded.

December 2002: the CIA “renders” al-Nashiri to a secret CIA prison set up at Stare Kiejkuty (a Polish military intelligence training base in north eastern Poland) with the express authorization of the Polish government. Interrogators subjected al-Nashiri to mock executions with a power drill as he stood naked and hooded; racked a semi-automatic handgun close to his head as he sat shackled before them; held him in “standing stress positions;” and threatened to bring in his mother and sexually abuse her in front of him.

June 2003: Poland assists the United States in secretly flying al-Nashiri out of Poland.

November 2005: Human Rights Watch discloses makes public that Poland hosted a secret CIA prison.

September 2006: the United States government acknowledges for the first time that the CIA had secretly detained al-Nashiri overseas, and that he had since been transferred to U.S. custody in Guantánamo Bay.

February 2008: Central Intelligence Agency director Gen. Michael V. Hayden confirmed publicly that waterboarding was used on al-Nashiri and two other “high value” detainees (Abu Zubeydah and Khalid Shaikh Mohammed).

March 2008: five years after al-Nashiri was detained in Poland, Polish prosecutors open a criminal investigation into the secret CIA prison.

April 20, 2011:  United States military commissions prosecutors bring charges against al-Nashiri related to a attack in 2000 on the USS Cole in the port of Aden, Yemen, and the attack on the French civilian tanker MV Limburg in the Gulf of Aden in 2002. Prosecutors state their intent to seek the death penalty in his case.

May 6, 2011: The Justice Initiative files an application against Poland at the European Court of Human Rights against Poland.

May 2011: More than three years into the investigation, and days before President Barack Obama’s visit to Poland, Warsaw prosecutor Jerzy Mierzewski is removed from the investigation without any public explanation and replaced by Waldemar Tyl, the deputy appellate prosecutor.

September 28, 2011: Admiral Bruce MacDonald, the convening authority for military commissions, refers capital charges against al-Nashiri for trial by military commission.

November 9, 2011: Al-Nashiri is arraigned in Guantanamo.

February 2012: Four years into the investigation, after Waldemar Tyl reportedly brings charges against former head of Polish military intelligence Zbigniew Siemiątkowski, Poland transfers the investigation without any public explanation from the state prosecutor’s office in Warsaw to the prosecutor’s office in the southern city of Krakow.

2 September 2014: the date that al-Nashiri’s U.S. Military Commission trial is currently scheduled to commence.

 

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