Motion for a resolution - B6-0101/2009Motion for a resolution
B6-0101/2009

MOTION FOR A RESOLUTION

11.2.2009

to wind up the debate on statements by the Council and Commission
pursuant to Rule 103(2) of the Rules of Procedure
by Giusto Catania, Sylvia-Yvonne Kaufmann, Jens Holm and Willy Meyer Pleite
on behalf of the GUE/NGL Group
on the follow-up to the work of the Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners (TDIP)

See also joint motion for a resolution RC-B6-0097/2009

Procedure : 2009/2511(RSP)
Document stages in plenary
Document selected :  
B6-0101/2009
Texts tabled :
B6-0101/2009
Debates :
Texts adopted :

B6‑0101/2009

European Parliament resolution on the follow-up to the work of the Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners (TDIP)

The European Parliament,

–  having regard to the international, European and national instruments on human rights and fundamental freedoms and on the prohibition of arbitrary detention, enforced disappearances and torture, such as the International Covenant on Civil and Political Rights of 16 December 1966 and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984,

–  having regard to the report on the TDIP Committee's findings on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners, as well as to other reports and resolutions raising the issue, including the Council of Europe's work on this matter,

–  having regard to its resolution of 4 February 2009 on the return and resettlement of the Guantánamo detention facility inmates,

–  having regard to its decision to send a letter to national parliaments on the follow-up by Member States to the TDIP Committee's report,

–  having regard to Rule 103(2) of its Rules of Procedure,

A.  whereas its report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners addressed a series of detailed recommendations to Member States, the Commission and the Council,

B. whereas since the adoption of its report, a series of developments have taken place in EU Member States, including: – the statements by the UK Foreign Secretary on two US extraordinary rendition flights carrying two prisoners that landed on UK territory in 2002, as well as the compiling of a list of suspect flights that would be sent to the US authorities to request specific assurances that they were not used for rendition, and the statements by the Prime Minister in this regard, – the decision by the Polish Prime Minister to hand over to prosecutors documents on CIA flights and prisons, as well as the finding of the Polish Public Prosecutor that over a dozen CIA flights used Szymany Airport, thereby confirming the TDIP Committee's findings,– the publication by El País of documents containing new information concerning CIA flights carrying detainees in Spain, as confirmed by the former Minister for Foreign Affairs,– new information on CIA flights in Portugal carrying detainees, as indicated by that country's Minister for Foreign Affairs,– the imposition by governments of State secrecy requirements on information relevant to the inquiries into rendition, as occurred in Italy, where the proceedings on the rendition of Abu Omar are currently suspended and a ruling by the Constitutional Court on the legitimacy of the invocation of State secrecy is awaited,

C.  whereas the EU Commissioner for Freedom, Security and Justice stated on 3 February 2009 in the European Parliament that he had undertaken a series of actions to implement the recommendations of the European Parliament, including writing to the authorities of Poland and Romania to ask them to reveal the whole truth about the alleged existence of secret prisons on their soil, and issuing a Communication proposing new measures in the field of civil aviation,

D.  whereas extraordinary rendition and secret detention are contrary to international human rights law, the European Convention on Human Rights and the Charter of Fundamental Rights, and whereas the US authorities are currently reviewing these practices,

E.  whereas those kidnapped in some Member States under the extraordinary rendition programme have been flown to Guantánamo or to other States by the US authorities on military or CIA flights, which have often flown over EU territory and in some cases have also made stopovers in certain EU Member States; whereas those taken to third countries have undergone torture in local prisons,

F.  whereas some Member States have approached the US authorities requesting the release and repatPersonNameriation of persons who have undergone extraordinary rendition who are their nationals or who were previously resident on their territory; whereas officials of some Member States have had access to prisoners in Guantánamo or in other detention centres, and have also interrogated them to verify the charges brought against them by the US authorities, thus legitimating the existence of such detention facilities,

G.  whereas its report stated, and subsequent events have confirmed, that several EU Member States had been involved in, or had cooperated actively or passively with the US authorities in, the CIA's and the US military's illegal transport of prisoners to, and/or their detention in, Guantánamo and the 'secret prisons' acknowledged by President Bush – as proven by some recently disclosed information concerning governments' authorisations of US requests for over-flight and by government information on secret prisons – and that EU Member States bear a particular share of political, moral and legal responsibility for the transportation and detention of those imprisoned in Guantánamo and in secret detention facilities,

H.   whereas the executive orders issued by President Obama on 22 January 2009, although a major step forward, do not seem to fully address the issues of secret detention and abduction or that of the use of torture,

1.  Denounces the lack of action taken so far by the PlaceNameplaceMemberPlaceType States and the Council to reveal the truth about the extraordinary rendition programme and to implement the European Parliament's recommendations; regrets the lack of satisfactory answers given by the Council to Parliament on 3 February 2009;

2.  Calls on the Member States, the Council and the Commission to fully implement the recommendations made by the European Parliament in its report on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners and to assist in ascertaining the truth by opening inquiries or collaborating with the competent bodies, including UN and CoE bodies, by disclosing and providing all relevant information, and by ensuring effective parliamentary scrutiny of the actions of secret services; calls on the Council to disclose all relevant information on the negotiations that have taken place with the US authorities within the framework of COJUR;

3.  Calls on the European Union and the United States to strengthen transatlantic dialogue on a new common approach based on the common values of respect for international human rights law, democracy and the rule of law, in a framework of international cooperation;

4.   Welcomes the issuing by President Obama of three executive orders on closing the Guantánamo detention centre, halting the proceedings of military commissions and ending the use of torture;

5.  Observes however that ambiguities persist as to the limited maintenance of rendition schemes and of secret detention facilities; reiterates therefore its call to close and prohibit the use of all other secret detention facilities directly or indirectly managed by the US authorities in the US or abroad; recalls that secret detention is in itself a serious violation of basic human rights;

6.  Recalls that, pursuant to Article 14 of the UN Convention against Torture, any victim of an act of torture shall have a right to redress and to fair and adequate compensation;

7.   Welcomes the upcoming visit to the United States by the Commissioner for Freedom, Security and Justice, the Czech Presidency and the EU counter-terrorism coordinator and calls on the EU representatives to raise the issues of extraordinary rendition and secret detention facilities, as these are serious violations of international and European human rights law;

8.  Calls on the European Union, the Member States and the US authorities to investigate and fully clarify the abuses and violations of international and national law on human rights, fundamental freedoms, the prohibition of torture and ill-treatment, enforced disappearance and the right to a fair tPersonNamerial committed in connection with the 'war against terror', so as to establish responsibility for secret detention centres - including Guantánamo - and the extraordinary rendition programme, and to ensure that such violations will not recur in the future and that the fight against terrorism is pursued without breaching human rights, fundamental freedoms, democracy and the rule of law;

9.  Calls on the Council and Commission, after the visit of the EU delegation to the US, to report to the European Parliament on the application of the agreements on mutual legal assistance and extradition, as well as on EU-US cooperation in the field of anti-terrorism while ensuring full respect for human rights, so that the competent committee can address these issues in a report drafted inter alia on the basis of Paragraph 232 of the TDIP Committee's report;

10.  Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the CFSP, the Counter-terrorism coordinator, the parliaments of the PlaceNameMemberPlaceType Statescountry-region, the NATO Secretary General, the Secretary-General and President of the Parliamentary Assembly of the Council of Europe, the United Nations Secretary-General and the President and Congress of the placeUnited States of America.