Investigator Finds
Evidence
of C.I.A. Prisons in
Europe
By KATRIN BENNHOLD,
International Herald Tribune
From the NYTimes on
the Web, December 13, 2005
PARIS, Dec. 13 -- Europe's
chief investigator looking into allegations about the existence of secret C.I.A.
prisons said today that preliminary evidence suggested that American agents had
kidnapped people and illegally transferred them between countries.
Dick Marty, who leads an investigation for the 46-country Council of Europe,
sharply criticized the United States as failing to come clean on the
allegations, notably during a five-day visit by Secretary of State Condoleezza
Rice to Europe last week. But he also said he believed that there was some
degree of collaboration from European officials.
In his first written interim report on the issue, Mr. Marty said that his
investigation so far had "reinforced the credibility of the allegations
concerning the transfer and temporary detention of individuals, without any
judicial involvement, in European countries."
His report, which was presented to the Council's Legal Affairs and Human Rights
committee in Paris, also said: "Legal proceedings in progress in certain
countries seemed to indicate that individuals had been abducted and transferred
to other countries without respect for any legal standards."
Mr. Marty, a Swiss senator, was appointed by Europe's human rights watchdog to
investigate whether the United States had breached the Continent's human rights
rules -- and whether European governments had turned a blind eye or even allowed
such breaches.
The allegations have been circulating since Nov. 2, when The Washington Post
said it had evidence of C.I.A. prisons in at least eight countries, including
some in Eastern Europe. Human Rights Watch has identified Poland as the
C.I.A.'s main base for holding and interrogating terrorist suspects and said
Romania was a key transit point for moving detainees. Both countries have
denied the charges.
Mr. Marty said he believed that the United States was no longer holding
detainees in Europe. He said he believed that prisoners were moved to
North Africa after the claims were first published in early November.
Washington and a number of European capitals have also come under pressure to
account for dozens of C.I.A. flights on the Continent, some of which are thought
to have transported suspects to countries with a track record of torture and
cruel treatment.
During last week's visit, Ms. Rice acknowledged that the United States had used
"renditions" to move terrorist suspects to third countries to be "questioned,
held or brought to justice," but, she insisted, only with the permission of the
governments of the countries where the suspects were captured. She also
said that all American personnel -- including the C.I.A. -- were subject to the
United Nations Convention Against Torture.
But she did not confirm or deny the reports on the secret detention centers, a
point Mr. Marty criticized in a statement today.
The investigator said he "deplores the fact that no information or explanation
had been provided on this point by Ms. Rice during her visit to Europe."
The State Department declined to comment on Mr. Marty's report. A
spokesman, Justin Higgins, said Ms. Rice had "said all she plans to say on this
matter for right now."
Mr. Marty also said he suspected that European secret services knew about the
alleged C.I.A. transfers.
"I think it would have been difficult for these actions to have taken place
without a degree of collaboration," he said, although he added, "It is possible
that secret services did not inform their governments."
At least eight European Union member states, many of which launched their own
investigations, demanded a clarification from the United States last month.
Many decided to accept Ms. Rice's response for now. But until Mr. Marty
publishes his final conclusions, officials say, the issue will not go away.
"We were given assurances by the Americans, and we don't have the intention to
demand more," said a French diplomat, who in accordance with French practice
spoke on condition of anonymity. "But we'll see what the Council of Europe
investigation finds out."
Mr. Marty announced today that the Council of Europe's Legal and Human Rights
Committee would next debate the issue at the end of January.
Brian Knowlton of The International Herald Tribune contributed
reporting from Washington for this article.
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