The Abu Omar case European Court of Human Rights vs State secret doctrine

Abstract

The role of the European Court of Human Rights is fundamental
in the struggle against severe human rights violations in the fight against
terrorism. As a particular example, the Court has recently had the opportunity
to deliver its judgment in the case of Abu Omar, an Egyptian cleric who
was suspected of being involved in terrorism. For this, he was subjected to
extraordinary rendition jointly by Italian and USA agents. Abu Oman’s case
is relevant because for the first time the USA’s programme of extraordinary
rendition became the object of effective and adequate investigations:
extraordinary renditions are, in fact, a complex violation of human rights.
Nevertheless, the identification of those responsible for Abu Omar’s abduction
and the enforcement of the judgments of the Italian courts were eventually
obstructed by the Italian Executive, who invoked State secrecy laws. This
article analyses the judgment of the ECtHR on the application lodged by Abu
Omar. In this milestone decision, the Court found Italy responsible for failure to
comply with the procedural duties in Article 3 of the European Convention on
Human Rights. The article focuses on the abuse of the State secrecy doctrine,
which has led to impunity. Additionally, the article shines a light on the role of
the Court, which enables victims of the extraordinary rendition programme to
obtain justice and reiterates that human rights must always be observed, even
in the fight against terrorism.