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In its self-declared “War on Terrorism,” the United States began the “High Value Detainee” program, where suspected terrorists would be subjected to special interrogation and detention. The program was managed by the CIA, which detained suspects in secret detention facilities (“black sites”) in cooperation with other foreign governments.

Poland cooperated with the program by allowing the transfer of suspected terrorists through its territory, as well as their detention in a secret facility in Stare Kiejkuty, Poland. An alleged member of al-Qaeda, Mr. Zayn Al-Abidin Muhammad Husayn (known as Abu Zubaydah), was held in the Stare Kiejkuty for nine months, where he was subjected to treatment amounting to torture.

The European Court of Human Rights found that as Polish authorities knew what their territory was being used for, Poland shares responsibility for any abuses committed by the CIA on its territory.

Case 002/01 concerns the charges of crimes against humanity against Khieu Samphan, former Head of State of Democratic Kampuchea and Nuon Chea, former Deputy Secretary of the Communist Party of Kampuchea, committed during the forced evacuation of Cambodians to labour camps and for the executions that occurred at Tuol Po Chrey. On 7 August 2014, the Trial Chamber found both accused guilty and sentenced them to life imprisonment. Both the Prosecution and Defence appealed the decision. 

The Supreme Court Chamber on 23 November 2016 issued an appeals judgement reversing some of the convictions and affirming the rest. At issue in the appeal was whether the Trial Chamber correctly defined the elements of the murder and extermination crimes against humanity. The Supreme Court Chamber affirmed the murder definition and charges, while finding that extermination requires that the accused had the direct intent to kill on a large scale. Under this definition, the Chamber reversed the convictions for the crime of extermination. The Chamber found insufficient evidence to support convictions as there were too few witnesses to support key facts beyond a reasonable doubt. Even with this reversal, the Supreme Court Chamber affirmed the life imprisonment sentences of both accused.

In its self-declared “War on Terrorism,” the United States began the “High Value Detainee” program, where suspected terrorists would be subjected to special interrogation and detention. The program was managed by the CIA, which detained suspects in secret detention facilities (“black sites”) in cooperation with other foreign governments.

Lithuania cooperated with the program by allowing the transfer of suspected terrorists through its territory. An alleged member of al-Qaeda, Mr. Zayn Al-Abidin Muhammad Husayn (known as Abu Zubaydah) was held in a black site known as “Detention Site Violet” where he was subjected to solitary confinement, hooding, and other forms of ill-treatment.  

The European Court of Human Rights found that Lithuanian authorities clearly knew the purpose of the black site and the likelihood of Abu Zubaydah’s being tortured. The Court concluded that by enabling the transfer of Abu Zubaydah to and from the site, Lithuania was equally responsible for his ill-treatment.

Mr Salih Mustafa, a former commander of the Kosovo Liberation Army (KLA), was accused of four war crimes including arbitrary detention, cruel treatment, torture, and murder. For three weeks in August of 1999, Mr Mustafa and his subordinates imprisoned six civilians in a barn at a compound held by the KLA in Zllash, Kosovo.  

The court found, through the testimony of the five detainees who survived, that Mr Mustafa and his men subjected the detainees to inhumane conditions and treatment. The detainees were beaten with batons and hatchet handles, burned, electrocuted, threatened, and given urine when they complained of thirst. The court found that Mr Mustafa and his subordinates committed these acts against these victims together as part of a joint criminal enterprise. Their actions and refusal to provide medical care to the victims even led to the death of one of the detainees.

The court convicted Mr Mustafa of the war crimes of arbitrary detention, torture, and murder. The court found that the crime of cruel treatment is included in the crime of torture so it would be unnecessary to convict the accused of both crimes. The court sentenced Mr Mustafa to 26 years imprisonment  and ordered him to pay reparations of €207,000 to the victims.

Mr Raslan was accused of committing crimes against humanity, torture, rape, sexual coercion, murder, and numerous other serious crimes in violation of international law. In 2022, the Koblenz Higher Regional Court convicted him for his part in Syria’s violent suppression of oppositionists and sentenced him to life in prison. Mr Raslan appealed his conviction on several grounds, which the present Appeals Order assessed.

First, Mr Raslan argued that since he was acting on behalf of the Syrian government, his actions should be immune to prosecution. The court disagreed, stating that acting under the direction of the state does not provide immunity for the commission of international crimes. Second, Mr Raslan argued that allowing the prosecution to read a UN Commission of Inquiry report to establish much of the factual background violated a rule that normally requires an individual to testify to their findings. The court disagreed and applied an exception that allows reports from public authorities to be read in court without calling the authors to testify. The court reasoned that the United Nations is to be treated on a par with any German public authority, and as a public authority, its reports are generally considered reliable. It also explained that the experts who drafted the reports would likely have little to add beyond what is already written, so requiring them to testify would be unreasonably burdensome without providing any real benefit.

Third, Mr Raslan challenged several of his convictions on multiple grounds. The court reduced a conviction of rape to sexual coercion because, at the time the crime was committed, the law required Mr Raslan to be physically present, which he was not. The court also overturned two counts of sexual coercion because those two crimes were already tried correctly in his conviction for crimes against humanity. In other words, he cannot be convicted of the same crime twice. Two counts of sexually abusing prisoners were reduced to aiding and abetting the sexual abuse of prisoners because, like his former rape conviction, the law at the time required that he be physically present, and he was not. Finally, his last count of sexual abuse of a prisoner was overturned and dismissed because the government only has five years after the crime to bring charges for this offense.

Mr Raslan’s sentence of life imprisonment remained unaltered.