A/HRC/13/42* page 85 • Kenya, for detaining 84 persons in various secret locations in Nairobi before transferring them on three charter flights between 20 January and 10 February 2007 to Somalia. They were subsequently transferred to Ethiopia, where they were kept in secret detention. They were not provided with an opportunity to challenge their forcible physical removal at any stage (see also paras. 154-156 above)328 (d) A specific form of complicity in this context are these cases where a State holds a person shortly in secret detention before handing them over to another State where that person will be put in secret detention for a longer period. This includes at least the following countries: • The former Yugoslav Republic of Macedonia, for its role in the case of Khaled el-Masri329 • Malawi, for allegedly holding Laid Saidi in secret detention for a week • The Gambia: during an interview with the experts, Bisher al-Rawi reported that, on 8 November 2002, he was arrested upon arrival at Banjul airport by the Gambian Intelligence Agency, then taken to an office and later to a house located in a Banjul residential place before he was handed over to the CIA and rendered to Afghanistan; (e) When a State has failed to take measures to identify persons or airplanes passing through its airports or airspace after information of the CIA programme involving secret detention had already been revealed. The issue of rendition flights was, and still is, the subject of many separate investigations at the national or regional level.330 Therefore, the experts decided to refrain from going into the details of this issue. 328 See also Meshal vs Higgenbotham at www.aclu.org/national-security/meshal-vhiggenbotham-complaint; and Redress and Reprieve report, “Kenya and counter terrorism: a time for change”, February 2009, available from www.redress.org/publications/Kenya%20and%20Counter-Terrorism%205%20Feb%2009.pdf; and Human Rights Watch, “Why am I still here?”, op.cit. The experts have received allegations of cooperation with United States intelligence that dates back to 2003; see interview with Suleiman Abdallah (annex II, case 2). 329 330 Interview with Khaled el-Masri (annex II, case 9). See, inter alia, the European Parliament Committee report, Deutscher Bundestag, Drucksache 16/13400, 18 June 2009, available from http://dip21.bundestag.de/dip21/btd/16/134/1613400.pdf; the statement of the Foreign Secretary to the House of Commons on United States rendition flights, 21 February 2008, available from www.publications.parliament.uk/pa/cm200708/cmhansrd/cm080221/debtext/80221-0008.htm; and Dick Marty,”Secret detentions and illegal transfers of detainees involving Council of Europe member states: second report”, available from http://assembly.coe.int/Documents/WorkingDocs/Doc07/edoc11302.pdf.