European Committee of Ministers Urges Lithuania to Implement Court Decision on CIA Rendition Case

At their recent meeting in Strasbourg, the Committee of Ministers of the Council of Europe – the body which oversees the implementation of judgments of the European Court of Human Rights (ECtHR) – criticised the failure of Lithuania to complete their domestic investigation into allegations of human rights violations made by Guantánamo detainee and REDRESS client, Mustafa al-Hawsawi.

In January 2024, the ECtHR found that Lithuania violated the rights of Mr al-Hawsawi, who was held in a US secret detention facility in its territory in 2005-6, for its complicity in his unlawful rendition, detention, and torture. The Court ordered Lithuania to conduct an effective investigation, seek assurances from the US regarding his ongoing treatment and possible imposition of the death penalty, and to pay him compensation.

In the Committee of Ministers’ first formal consideration of the case following the judgment, they noted that the domestic investigation in Lithuania, which has been running for over 10 years without being completed and without any charges having been brought,  has so far been “ineffective”, but concluded that “there were no insurmountable practical obstacles to carrying it out”. The Committee invited Lithuania to “clarify without delay” how they were going to address the ECtHR’s concerns about the investigation “to ensure its thoroughness, promptness, openness to public scrutiny and accessibility to the victims.”  

Although the Committee recognised the efforts already made by Lithuania to develop a dialogue with the US authorities, it invited Lithuania to continue this engagement “seeking to remove or, at least, mitigate all the risks identified in the judgments” – referring to serious concerns about the well-being of Mr al-Hawsawi whilst in detention in Guantánamo, and the continued risk that the death penalty may be imposed in the Military Commission court proceedings which he faces. 

The Committee also “exhorted” the US – which has long been afforded the privilege of observer status with the Council of Europe on the basis that it “shares its ideals and values” – to “reconsider their position and to provide all necessary assurances and assistance”. 

The Committee asked Lithuania to provide a further update on progress on implementation by 30 June 2025. 

The ECtHR’s judgment in January 2024 marked another milestone in challenging the secrecy that surrounded the existence of secret ‘black sites’ in Europe in the aftermath of 9/11 and in securing accountability for the grave human rights abuses suffered by detainees. It also underscores the ongoing impunity for European complicity with US CIA counter-terrorism abuses committed two decades ago.  

The judgment built on another decision of the ECtHR in 2018 which made similar findings against Lithuania in relation to another detainee, Abu Zubaydah.  

The Committee of Ministers’ decision was made following detailed submissions by REDRESS, and a briefing to delegates from the Committee in Strasbourg in November. The Committee of Ministers’ essential function is to ensure that member states comply with the judgments of the ECtHR. 

Read more about Mr al-Hawsawi’s case here.