A/HRC/13/42*
page 83
or indirectly participate in arresting these persons or in rendering them for
imprisonment. In the cases of El- Masri and Khafagy, the German missions responsible
for consular assistance had no knowledge of their imprisonment and were therefore
unable to ensure that their rights were observed or guarantee consular protection; in the
cases of Zammar and Kurnaz, the German authorities worked intensively to guarantee
consular protection. However, they were denied access to the detainees and were
thereby prevented from effectively exercising consular protection.320
In a letter dated 9 December 2009, the German Federal Ministry of Justice further
reported that it had become aware of the case of Mr. Kurnaz on 26 February 2002, when
the Chief Federal Prosecutor informed the Ministry that it would not take over a
preliminary investigation pending before the Prosecution of the Land of Bremen. The
Office of the Chief Federal Prosecutor had received a report from the Federal Criminal
Police Office on 31 January 2002 that, according to information by the Federal
Intelligence Service, Mr. Kurnaz had been arrested by United States officials in
Afghanistan or Pakistan. In the case of Mr. el-Masri, on 8 June 2004, the Federal
Chancellery and the Federal Foreign Office received a letter from his lawyer that
Mr. el-Masri had been abducted in the former Yugoslav Republic of Macedonia on
31 December 2003, presumably transferred to Afghanistan and kept there against his
will until his return to Germany on 29 May 2004. The Federal Ministry of Justice was
informed about these facts on 18 June 2004. The experts note, however, that according
to the final report of a Parliamentary Commission of Inquiry, the Government became
aware of the case of Mr. el-Masri on 31 May 2004, when the Ambassador of the
United States informed the Federal Minister for the Interior of Germany;321
• Canada, for providing intelligence to the Syrian Arab Republic in the cases of Maher
Arar, Ahmad el-Maati, Abdullah Almaki and Muayyed Nureddin.322 In its submission
for the present study, the Government denied that any of the named individuals was
detained or seized by a State at the request of Canada. The experts welcome the fact that
all the above-mentioned cases have been the subject of extensive independent inquiry
processes within Canada and that, in the case of Mr. Arar, substantive reparations has
been provided to the victims;
• Australia, for providing intelligence to interrogators in the case of the secret detention of
Mamdouh Habib. Mr Habib also alleges that an Australian official was present during at
least one of his interrogation sessions in Egypt. The experts understand that Mr. Habib
320
Response to a questionnaire on allegations of rendition and detention sent by the Working
Group on Enforced and Involuntary Disappearances, 30 September 2009.
321
Deutscher Bundestag, Drucksache 16/13400, 18 June 2009, p. 119.available from
http://dip21.bundestag.de/dip21/btd/16/134/1613400.pdf.
322
See Internal Inquiry into the Actions of Canadian Officials in Relation to Abdullah Almalki,
Ahmed Abou-Elmaati and Muayyed Nureddin (Iacobucci enquiry) and Arar Commission of
Enquiry.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents