ABSTRACT

The European Court of Human Rights judgements concerning the Polish involvement in the Central Intelligence Agency (CIA) rendition programme were a milestone in the history of accountability for this aspect of the war on terror. The implementation consists of two groups of elements–individual and general ones. The first step of implementation concerned the payment of just satisfaction to the applicants. The second element of implementation concerns obtaining diplomatic assurances for Al Nashiri, who remains under US jurisdiction and faces a possibility of capital punishment. The third element relating to the implementation of the judgments relates to the effectiveness of the ongoing criminal investigation run by the prosecutor's office in Krakow. The Parliament urged Poland "to conduct, as a matter of urgency, transparent, thorough and effective criminal investigations into CIA secret detention facilities". With respect to the political obstacles to implementing judgements, lack of effective investigation ensuring a "public" right to truth is the most visible.