A/HRC/13/42*
page 82
battlefields of Iraq and Afghanistan. According to the newspaper, “in the past 10 months, …
about a half-dozen mid-level financiers and logistics experts working with Al-Qaida have been
captured and are being held by intelligence services in four Middle Eastern countries after the
United States provided information that led to their arrests by local security services”.315 Instead
of actively detaining persons in secret, the United States - and many other countries - became
complicit in the practice of secret detention. For the purposes of the present study, the experts
state that a country is complicit in the secret detention of a person in the following cases:
(a) When a State has asked another State to secretly detain a person (covering all cases
mentioned in paras. 141-158 above);
(b) When a State knowingly takes advantage of the situation of secret detention by
sending questions to the State detaining the person or by soliciting or receiving information from
persons who are being kept in secret detention. This includes at least the following States:
• The United Kingdom of Great Britain and Northern Ireland, in the cases of several
individuals, including Binyam Mohamed,316 Salahuddin Amin, Zeeshan Siddiqui,
Rangzieb Ahmed and Rashid Rauf.317 In its submission for the present study, the British
Government referred to ongoing and concluded judicial assessment of the cases318 and
stressed the work of the parliamentary Intelligence and Security Committee, as well as
its policy of clear opposition to secret detention;
• Germany, in the case of Muhammad Haydar Zammar, who was reportedly interrogated
on at least one occasion, on 20 November 2002, by agents of German security agencies
while he was secretly held in the Syrian Arab Republic.319 The Government reported
having been
informed about four cases of renditions or enforced disappearances concerning the
Federal Republic of Germany: the cases of Khaled El-Masri, Murat Kurnaz,
Muhammad Haydar Zammar and Abdel Halim Khafagy, which occurred between
September 2001 and the end of 2005. However, the German authorities did not directly
315
Eric Schmitt and Mark Mazzetti, “US Relies More on Aid of Allies in Terror Cases”, New
York Times, 23 May 2009, available from www.nytimes.com/2009/05/24/world/24intel.html.
316
Interview with Binyam Mohamed (annex II, case 18).
317
See Human Rights Watch, “Cruel Britannia”, 24 November 2009, available from
www.hrw.org/en/node/86690.
318
According to the Government of the United Kingdom, the judge in Mr Ahmed’s case stated
“I specifically reject the allegations that the British authorities were outsourcing torture”. The
judge examined Mr. Amin’s allegations and found that there was no evidence to suggest that the
British authorities had been complicit in his unlawful detention or ill-treatment in Pakistan.
319
See “Kanzleramt dealte mit Syriens Geheimdienst”, Der Spiegel, 19 November 2005.
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