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First decision by Committee of Ministers on implementation of Abu Zubaydah v Poland - deep concern at flagrant denial of justice in Guantanamo
In its first review of the Abu Zubaydah v Poland and al Nashiri v Poland cases since the judgments become final on 16 February 2015, the Committee expressed it 'deep concern' about the 'flagrant denial of justice' facing both men. Abu Zubaydah remains in arbitrary detention without trial and al Nashiri is subject to trial by military commission. The Committee called on Poland to seek assurances from the US and to report back. The text appears below:

The Deputies

1. expressed deep concern, in light of the indications from the European Court, that the trial of Mr Al Nashiri before a Military Commission in which he faces capital charges was set to begin on 2 September 2014 and that the risk he will face the death penalty therefore continues; called upon the Polish authorities to seek urgently assurances from the United States authorities that Mr Al Nashiri will not be subjected to the death penalty;

2. also expressed deep concern that both applicants risk a flagrant denial of justice since Mr Al Nashiri faces trial by Military Commission which could use evidence obtained under torture and since Mr Husayn has been detained without charge since 2002 and if charged, may face trial in similar proceedings; called upon the Polish authorities to urgently seek assurances that the applicants are not exposed to such flagrant denials of justice;

3. invited the Polish authorities to keep the Committee fully and regularly informed of all developments, both in relation to their contacts with the United States authorities and the current situation of the applicants, and decided to resume consideration of these cases at their 1230th meeting (June 2015) (DH).

On 12 March 2015, the Committee of Ministers made public the final versions of decisions and resolutions adopted at its first special 'human rights' meeting for 2015 (11-12 March), during which it examined the state of implementation of judgments of the European Court of Human Rights.

The ECtHR's judgments in Abu Zubaydah v Poland and al Nashiri v Poland became final on 16/2/2015 when the Court rejected Polish efforts to have the case reheard by the ECHR Grand Chamber. The final judgments may be found here.