The judicialization of the international policy against the terrorism: reflections about the judgments Abd al Rahim al Nashiri vs. Poland and Husayn (Al Hudaydah) vs. Poland
Authors
Laura Sofía Zambrano Salazar
Universidad Pedagógica y Tecnológica de Colombia
Emerson Harvey Cepeda Rodríguez
Universidad Carlos III de Madrid
Walter Fernando Pérez Niño
Universidad Autónoma de Chile
In order to respond to the attacks of September 11, 2011 and strengthen security, President George Bush issued the "military order" which denied the status of “people suspected of terrorism”, changed it to the category of "detains" and jailed them indefinitely. In this context, many countries -including Poland- helped the CIA with the establishment of rendition and secret detention programs, in which the citizens Abd al Rahim al Nashiri and Zayn al-Abidin Muhammad Husayn (Abu Zubaydah) were included. Their cases were analyzed by the European Court of Human rights in two judgments in which the violation of their fundamental rights is studied. In this paper, we study those decisions, developing the main elements such as facts, the context of the case, the rules of international law and the motivations of the court to make the decision.
Keywords:
Terrorism, Secret Detentions, Torture, European Court of Human Rights
Zambrano Salazar, L. S., Cepeda Rodríguez, E. H., & Pérez Niño, W. F. (2016). The judicialization of the international policy against the terrorism: reflections about the judgments Abd al Rahim al Nashiri vs. Poland and Husayn (Al Hudaydah) vs. Poland. Revista Tribuna Internacional, 5(9), pp. 123–138. https://doi.org/10.5354/rti.v5i9.41963
