The European Court of Human Rights (ECtHR) has dealt with the operation of CIA ‘black sites’ in certain European countries and the subsequent renditions of terrorist suspects from these countries to other places controlled by the CIA in a series of lengthy judgments.
It exceeds the scope of this blog to deal with all aspects of this interesting ECtHR case law. Instead, we will focus on three aspects which are of interest when analysing these cases from a secondary liability perspective.
According to a confidential EU report, three of Damen’s Stan Patrol 1605s, including the Talil 267, are used by the Libyan coastguard. Footage and photos show that machine guns are attached to the vessels’ mountings. The Dutch government permitted these vessels to be transported without a license, classifying them as non-strategic and not subject to authorisation. Remarkably, Damen was eager to arm the vessels in 2014. In accordance with the arms embargos of the UN and the EU, the government denied permission. Now it appears the Dutch vessels are indeed armed and have been used in violent, high-risk operations against vulnerable people at sea
On Tuesday 27 November 2018, Ms. Joana Nabuco gave a short presentation at the United Nations annual Business and Human Rights Forum entitled ‘New insights? When causation, contribution, and direct link overlap: UNGP implementation in “complex complicity” scenarios’. In order to illustrate such a scenario, Ms. Nabuco took Brazil’s Suape Industrial Portuary Complex (‘Suape Port’) as a case study.