By: Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

PARIS, France–On September 6, Thomas Hammarberg, the Commissioner on Human Rights, issued a statement urging European nations—and specifically Romania—to come forth and accept responsibility for a myriad of atrocious human rights violations committed at various black site locations as part of the United States’s War on Terror and the Rendition, Detention and Interrogation (“RDI”) program.

The black sites are “highly secured detention facilities” which harbored “high value detainees” (HVDs) at the height of the War on Terror.  After being captured, the most wanted terrorist suspects were detained in a “vast network of clandestine counter-terrorism operations.” These operations were established between “partner agencies across Europe” (and throughout the globe). Each participating country lent their “closest collaboration,” explained Hammarberg.

Once secured at the black sites, detainees were thereafter subjected to “enhanced interrogation” techniques, which “routinely crossed the threshold of cruel, inhuman and degrading treatment, and in many cases consisted of torture.”

Interrogation methods that were used included suffocation by water, prolonged stress standing (naked, with arms extended and chained above one’s head for two to three days at a time), beating and kicking, confinement in a box, which severely restricted movement, prolonged nudity, sleep deprivation, exposure to cold temperatures, and starvation.

Typically, suspected terrorists were moved around to several black site locations during a period of up to four and a half years in order to disorient and confuse the detainee and in an effort to elicit compliance.

Perhaps yet another purpose of the black sites was to mitigate United States accountability.  In the “Memorandum for John A. Rizzo,” (“Memorandum”) the United States Department of Justice Office of Legal Council iterated that Article 16 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment applies to conduct within the territory under United States jurisdiction.  The Office of Legal Council went on to interpret “jurisdiction” to include, “at most, areas over which the United States exercises at least de facto authority as the government.” The Memorandum further stated that “based on CIA assurances, we understand that the interrogations do not take place in any such areas,” therefore rendering Article 16 inapplicable to said CIA interrogation practices.

Maybe indicative of the highly illegal nature of the black sites, the United States has been determined to keep the locations secret.  While CIA officials acknowledge that black sites did in fact exist, they deny violating any laws, and refuse to express much more.  As discussed in an article entitled “CIA Holds Terror Suspects in Secret Prisons,” published in 2005 by the Washington Post, the existence and locations of the black sites were, at first, known to only a “handful of officials in the United States and usually, only to the president and a few top intelligence officers in each host country.” Despite recent efforts to uncover the exact locations of all of the black sites, the United States continues to maintain that “details concerning locations” and the “assistance of foreign liaison services in any aspect of the [RDI] program should be kept secret.” Additionally, according to an article issued by CNN, “efforts to challenge the CIA in U.S courts have been turned aside.”

While it remains to be seen how the United States may or may not be implicated under the United Nations Convention, Polish, Romanian, and Lithuanian officials—as convention members—may be held responsible for allowing the CIA to knowingly execute the RDI program and the multitude of human rights violations in their respective countries.

According to Hammarberg, Poland’s black site was opened on December 5, 2002. Between 2002 and 2003, HVDs were held and tortured at this site. While Polish officials were not involved in handling or interrogating detainees, they authorized the occurrences and for that, may be held to some level of accountability under the United Nations Convention.

Furthermore, Hammarberg went on to say that there is significant evidence which shows that Romania’s black site opened on September 23, 2003. Once Poland’s site closed, at least one HVD was brought from Poland to Romania. Romania’s site was open for at least two years. Despite the evidence to the contrary, Romania has continued to deny any wrongdoing; in fact, following Hammarberg’s statement on September 7, Romania’s Foreign Minister expressed to CNN that, “the country has no information whatsoever showing that there existed secret CIA detention centers on its territory.”  Perhaps this statement speaks to Hammarberg’s conclusion that Romania has shown “little genuine will to uncover the whole truth.”

Hammarberg also noted that Lithuania—who also held high value detainees in a black site for at least two years—has been complicit in investigations.  Lithuania has also demonstrated “intent to reveal the truth through a parliamentary inquiry and a one year pre-trial investigation by the Prosecutor General’s Office.”

Hammarberg concluded, saying that “the full truth must now be established and guarantees given that such forms of co-operation will never be repeated.  Effective investigations are imperative and long overdue.”

For more information, please visit:

CNN.com – Council of Europe demands truth on CIA ‘black sites – 6 Sept. 2011

CNN.com – Romania denies hostin secret CIA prisons – 7 Sept. 2011

American Daily Herald – Council of Europe Criticizes U.S. and Partners Over Black Sites and Torture – 8 Sept. 2011

Council of Europe – “Special Review” of Black Sites undertaken by the CIA Inspector General – 5 September 2011

The Irish Times – U.S. Department of Justice Memorandum for John A. Rizzo – 30 May 2005

The Washington Post – CIA Holds Terror Suspects in Secret Prisons – 2 Nov. 2005

By Tyler Yates
Impunity Watch Reporter, Middle East

AHVAZ, Iran — Last Sunday morning, three men were executed by Iran’s judiciary for sodomy.  They were put to death by hanging in the south western city of Ahvaz at Karoun prison.

A total of six individuals were executed on Sunday.  Two had been convicted for robbery and rape, and a third had been convicted of drug trafficking.  The prosecutor announced that the other three men were convicted of “lavat,” the phrase used in Islamic law for sodomy.  The official announcement did not reveal the names of the men who were executed only their initials.

This case is somewhat unusual because normally when such cases come before Iranian courts the charges involve acts such as sexual assault and rape — crimes that involve an element of force rather than consensual sex between willing parties.

These executions revolve around sections 108 and 110 of the Iranian penal code.  Section 108 defines sodomy a crime using Iran’s interpretation of Sharia law, and under section 110 the penalty for commission of the crime is death.  Prior executions quoting the penal code have referred to “lavat leh onf, “ or sodomy by coercion.

It is not unusual for Iran to frame sodomy cases as containing elements of coercion to make the executions more legitimate in the eyes of the public, and to avoid an international outcry.

In 2005, Iran was condemned for its execution of two teenagers who were publicly hanged from a crane in the city of Mashad.  Human rights groups claimed that the two were executed for having a consensual sexual relationship, but the offical charges were “lavat leh onf.”

Mahmood Amiry-Moghaddam, a researcher at Iran Human Rights, notes that “this case is the only one in recent years where the only basis for the death sentence has been a sexual relationship between two men, with reference to the articles 108 and 110 of the Islamic Penal Code.”

In 2007, Iranian President Mahmoud Ahmadinejad claimed that there were no gay people in Iran, implying that homosexuality is a western “phenomenon.”  This attitude in Iran has been a major motivator for keeping any public references to homosexuality at a minimum.

It is very hard to confirm executions of gay men and women inside of Iran.  Prosecutors often only give small amounts of information about the killings, and families are reluctant to release information about executed family members and loved ones because of the cultural stigma attached to homosexuality.

Iran is run under a strict interpretation of Sharia law, and it remains one of the world’s largest executors.  Just this year, Iran has executed over 180 people.  Ahvaz has the highest rate of executions in Iran, and has gained some notoriety for the secret hangings carried out in Karoun prison.

For more information, please see:

The Independent — Iran executes three men for sodomy — 7 Sept 2011

International Business Times — Iran Execution:  Three Men Hanged for Being Gay, Convicted of Sodomy — 7 Sept 2011

Huffington Post — Three Men Hanged For Having Gay Sex In Iran: Reports – 6 Sep 2011

Miami Herald — Three men executed for sodomy convictions, reports Iran Human Rights website — 5 Sept 2011

Iran Human Rights — Three men were executed convicted of sodomy — 5 Sept 2011