Detecter Deliverable: Privacy, Secret Detention Centres and Overflights

Deliverable 16.1 was written by Geir Ulfstein as part of Work Package 08. You can read the whole thing here.

Executive Summary

1. Article 17 of the International Covenant on Civil and Political Rights (ICCPR) establishes the right to privacy. The implementation of this right is monitored by the Human Rights Committee. The Committee has emphasized that interference in the right to privacy must be foreseeable; mechanisms should be established to prevent abuse of collected information and to ensure review, supervision and redress; and vulnerable groups should be protected. The Committee has, however, not established clear guidance about which substantive measures would be considered a violation of the right of privacy.
2. News media and NGOs reported in 2005 about secret detention centres and overflights in Europe as part of US counter-terrorism strategy. Such activities gave rise to several human rights concerns. The Parliamentary Assembly of the Council of Europe initiated an inquiry into these matters. The Secretary General requested member states to provide relevant information. The European Commission for Democracy through Law (Venice Commission) prepared an opinion on the human rights aspects. Cooperation was also established with the European Parliament of the European Union. This cooperation uncovered suspicious patterns of military and civilian aircraft and indications of secret detention centres. They were also able to put political pressure on the respective international organs and on national governments. The Committee of Ministers of the Council of Europe, however, failed to follow up strongly, and the European Parliament deplored the lack of follow up by the Council of the European Union, and by member states.
3. Several UN organs have been involved in the issues of secret detention and overflights, including the Human Rights Committee, the Committee Against Torture, the Special Rapporteur on the promotion and protection of human rights while countering terrorism, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances. The UN organs have generally been more reactive than what was the case of the European Parliament and the Parliamentary Assembly. But all the bodies have, within their mandates, addressed these matters. They have helped to uncover certain facts, but have not been able to establish ‘hard facts’ about the relevant activities. These bodies have, however, the benefit of being able to have a more continuous focus on such cases. Furthermore, they have a global focus, and may thus engage in activities beyond the European context.