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LIT-1619: El-Masri v. the former Yugoslav Republic of Macedonia

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Properties4
StatusActive — read 2026-10-29 (NOTE-1391) in full, from the Court's own HUDOC copy of the judgment (93 pages, with both concurring opinions); worth reading as the Grand Chamber's holding that a state which handed a man to CIA agents is responsible for their torture of him on its territory with its acquiescence, for exposing him to a real risk of ill-treatment abroad, and under Article 5 for his whole captivity abroad, with the burden of proof on the state once he entered its control. Read it knowing that the facts were found by inference against a non-cooperating state, that the receiving state's responsibility is expressly not decided, and that the person was free by the time of judgment, so the question of who could undo a continuing transfer does not arise in it.
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Tagssociety-and-governance, ethics
Cited as “paper” byNOTE-1391 — ECtHR Grand Chamber — El-Masri v. the former Yugoslav Republic of Macedonia

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European Court of Human Rights, Grand Chamber (2012). El-Masri v. the former Yugoslav Republic of Macedonia, no. 39630/09, judgment of 13 December 2012.

Read in full on 2026-10-29 (NOTE-1391), from the HUDOC copy of the judgment (item 001-115621) rather than the Information Note the url: names.

Why this is here

A8 offered it as the comparator for CASE-175: responsibility found across a transfer between states, which would separate what is new in CECOT from long-standing problems of rendition and outsourced detention.

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