Procedure : 2013/2702(RSP)
Document stages in plenary
Document selected : B7-0381/2013

Texts tabled :

B7-0381/2013

Debates :

PV 09/10/2013 - 15
CRE 09/10/2013 - 15

Votes :

PV 10/10/2013 - 9.4
CRE 10/10/2013 - 9.4

Texts adopted :

P7_TA(2013)0418

MOTION FOR A RESOLUTION
PDF 166kWORD 80k
See also joint motion for a resolution RC-B7-0378/2013
4.9.2013
PE515.946v01-00
 
B7-0381/2013

further to Questions for Oral Answer B7‑0215/2013 and B7‑0216/2013

pursuant to Rule 115(5) of the Rules of Procedure


on follow-up of the European Parliament report on alleged transportation and illegal detention of prisoners in European countries by the CIA (2013/2702(RSP))


Marie-Christine Vergiat, Patrick Le Hyaric, Willy Meyer, Marisa Matias, Alda Sousa, Nikolaos Chountis on behalf of the GUE/NGL Group

European Parliament resolution on follow-up of the European Parliament report on alleged transportation and illegal detention of prisoners in European countries by the CIA (2013/2702(RSP))  
B7‑0381/2013

The European Parliament,

–   having regard to the European Court of Human Rights (ECtHR) ruling of 13 December 2012 which condemns the Former Yugoslav Republic of Macedonia (FYROM) for the ’extreme seriousness’ of the violations of the European Convention on Human Rights (Articles 3, 5, 8 and13) during the extraordinary rendition of Khaled El-Masri,

–   having regard to the following cases pending before the ECtHR: Al‑Nashiri v. Poland, Abu Zubaydah v. Lithuania and Abu Zubaydah v. Poland; having regard to the application filed by Mr al-Nashiri against Romania in August 2012 and to the application filed by the Human Rights Monitoring Institute (HRMI) and the Open Society Justice Initiative against Lithuania in December 2012 for violation of their right to information and right to an effective remedy,

–   having regard to the Italian Supreme Court ruling of September 2012 to uphold the conviction of 23 US officials in connection with the 2003 abduction of Abu Omar, including the former CIA Milan station chief, Robert Seldon Lady, who was sentenced to nine years in prison,

–   having regard to the Milan Appeal Court decision of February 2013 sentencing three other CIA agents(1) previously considered to be covered by diplomatic immunity to six to seven years in prison; having regard to the same court’s decision also to sentence Nicolò Pollari, the former head of the Italian Military Intelligence and Security Service (SISMI), to 10 years in prison, the former SISMI deputy head, Marco Mancini, to nine years, and three SISMI agents to six years each,

–   having regard to the decision of 5 April 2013 by Italy’s President Napolitano to pardon American colonel J.L. Romano, who had ben convicted in Italy for his responsibility in the abduction of Abu Omar in that country; having regard to the letter asking for an explanation sent by to Italian President Napolitano by the rapporteurs in July 2013,

–   having regard to its resolution of 11 September 2012 on alleged transportation and illegal detention of prisoners in European countries by the CIA: follow-up of the European Parliament TDIP Committee report (2012/2033(INI))(2),

–   having regard to the documents communicated to the rapporteur by the Commission, including non-country-specific letters sent in March 2013 to all Members States, to which only a few Member States (Finland, Hungary, Spain and Lithuania) replied,

–   having regard to its resolutions on Guantánamo, the most recent being that of 23 May 2013 on Guantánamo: hunger strike by prisoners(3),

–   having regard to its resolution of 12 December 2012 on the situation of fundamental rights in the European Union (2010-2011)(4)2,

–   having regard to the letters sent by the rapporteur to the Romanian, Polish and Lithuanian prosecutors and the Romanian, Polish and Lithuanian heads of states in November 2012 highlighting the country-specific recommendations made in Parliament’s resolution, to which none of the Member States concerned has replied,

–   having regard to the flight data received from Eurocontrol up to September 2012,

–   having regard to the request sent by the rapporteur in April 2013 to the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) for cooperation on the disclosure of flight data, and to the agency’s positive reply received in June 2013,

–   having regard to the Council conclusions on fundamental rights and the rule of law, and on the Commission 2012 report on the application of the Charter of Fundamental Rights of the European Union (Luxembourg, 6-7 June 2013),

–   having regard to the ‘Stockholm Programme – An open and secure Europe serving and protecting citizens (2010-2014)’,

–   having regard to the opening statement delivered by the UN High Commissioner on Human Rights, Navi Pillay, at the 23rd session of the Human Rights Council (Geneva, May 2013), quoting Parliament’s aforementioned resolution of 11 September 2012 and asking for ‘credible and independent investigations’ as ‘a vital first step towards accountability’ and ‘[calling] on States to make this a priority’,

–   having regard to the 2013 annual report(5) of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, citing Parliament’s work and endorsing some of the recommendations made in its aforementioned resolution of 11 September 2012,

–   having regard to the numerous media reports and acts of investigative journalism relating to this subject, in particular – but not limited to – the investigative work broadcast on Romania’s Antena 1 television channel in April 2013,

–   having regard to the research and investigations carried out notably by Interights, Redress and Reprieve, and the reports produced since the adoption of Parliament’s resolution, by independent researchers, civil society organisations and national and international non‑governmental organisations, in particular the Open Society Justice Initiative’s report ‘Globalising Torture: CIA Secret Detention and Extraordinary Rendition’ (February 2013), the independent, bipartisan study conducted in the US by the Constitution Project’s Task Force on Detainee Treatment (April 2013), the Rendition Flights Database published by the UK academic Rendition project (May 2013), the Amnesty International report ‘Unlock the truth: Poland’s involvement in CIA secret detention‘ (June 2013), and the letter sent by Human Rights Watch to the Lithuanian authorities (June 2013),

–   having regard to the questions tabled to the Council and to the Commission on follow-up to Parliament’s report on alleged transportation and illegal detention of prisoners in European countries by the CIA (O-000079/2013 – B7‑0215/2013 and O-000080/2013 – B7‑0216/2013),

–   having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A. whereas Parliament has condemned the US-led CIA rendition and secret detention programme involving multiple human rights violations, including unlawful and arbitrary detention, torture and other ill-treatment, violations of the non-refoulement principle, and enforced disappearance through the use of European airspace and territory by the CIA; whereas Parliament has repeatedly called for full investigations into the collaboration of national governments and agencies with the CIA programme;

B.  whereas Parliament undertook to continue fulfilling the mandate given to it by the Temporary Committee, pursuant to Articles 2, 6 and 7 of the Treaty on European Union, and instructed its relevant committees to address Parliament in plenary on the matter a year after the adoption of the aforementioned resolution of 11 September 2012, as it considered it essential to assess the extent to which the recommendations adopted by Parliament had been implemented;

C. whereas accountability for renditions is essential in order to protect and promote human rights effectively in the EU’s internal and external policies, and to ensure legitimate and effective security policies based on the rule of law; whereas the EU institutions have recently engaged in a debate on how the EU can better protect and promote fundamental rights and the rule of law;

D. whereas there have been no substantive replies from the Council or the Commission to Parliament’s recommendations;

E.  whereas the Lithuanian authorities have reiterated their commitment to reopening the criminal investigation into Lithuania’s involvement in the CIA programme if new elements emerge, but still have not done so; whereas in their observations to the ECtHR in the case of Abu Zubaydah, the Lithuanian authorities demonstrated critical shortcomings in their investigations and a failure to grasp the meaning of the new information; whereas the Lithuanian authorities hold the Presidency of the Council of the European Union in the second half of 2013;

F.  whereas the in-depth investigative work broadcast on the Antena 1 television channel in April 2013 provided further indications of Romania’s central role in the prison network; whereas former national security advisor Ioan Talpeş stated that Romania had provided logistical support to the CIA; whereas a former Romanian senator admitted the limitations of the previous parliamentary inquiry and called for prosecutors to initiate judicial proceedings;

G. whereas a request was filed with the Polish prosecutors on 11 June 2013 for a third man, the Yemenite Waleed Mohammed Bin Attash, to be officially recognised as a victim, having been illegally arrested in Pakistan in 2003 and kept in a secret prison in Poland from June to September 2003 and now being held in Guantánamo; whereas the Polish prosecutors have extended their five-year-old criminal investigation up to October 2013;

H. whereas the British authorities continue to delay proceedings in the case brought by the Libyan Abdel Hakim Belhadj, rendered to torture in Libya by the CIA with British assistance, and have expressed their intention to have the case heard in new secret proceedings;

I.   whereas in December 2012 Italy issued an international arrest warrant against Robert Seldon Lady, who was arrested in Panama in July 2013; whereas the extradition request subsequently made by Italy was not accepted by Panama and whereas Robert Seldon Lady returned to the United States in July 2013; whereas Italian President Giorgio Napolitano decided on 5 April 2013 to pardon the American colonel J.L. Romano, who had been condemned for his responsibility in the abduction of Abu Omar in Italy;

J.   whereas in November 2012 the Parliamentary Ombudsman of Finland initiated an investigation into the use of Finnish territory, airspace and flight records systems in the CIA rendition programme, sending detailed written requests for information to 15 government agencies and also calling on the Lithuanian authorities to provide specific information on connected flights;

K. whereas US President Obama has reiterated his commitment to close Guantánamo, announcing on 23 May 2013 that he would restart the release of detainees and would lift a moratorium on releasing Yemeni prisoners who had already been deemed safe to transfer back to that country, despite resistance in the US Congress; whereas the US authorities have failed to respect their international obligations in bringing Robert Seldon Lady back to the United States on July 19 2013 following his arrest in Panama;

1.  Deeply deplores the failure to implement the recommendations contained in its aforementioned resolution of 11 September 2012, notably by the Council, the Commission, the governments of the Member States, the candidate states and the associated countries, NATO, and the United States authorities, especially in the light of the serious fundamental rights violations suffered by the victims of the CIA programme;

2.  Considers that the climate of impunity regarding the CIA programme has enabled the continuation of fundamental rights violations in the counter-terrorism policies of the EU and the US, as further revealed by the mass spying activities of the US National Security Agency surveillance programme and the activities of surveillance bodies in various Member States, which are currently being investigated by Parliament;

Accountability process in the Member States

3.  Reiterates its call on those Member States which have not fulfilled their positive obligation to conduct independent and effective inquiries to investigate human rights violations, taking into account all the new evidence that has come to light, and to disclose all necessary information on all suspect planes associated with the CIA and their territory; calls in particular on Member States to investigate whether operations have taken place whereby people have been held under the CIA programme in facilities on their territory;

4.  Urges Lithuania, which currently holds the EU Council Presidency and is thus in a position to lead by example, to reopen its criminal investigation into CIA secret detention facilities and to conduct a rigorous investigation considering all the factual evidence that has been disclosed, notably regarding the ECtHR case of Abu Zubaydah v. Lithuania; asks Lithuania to allow investigators to carry out an examination of the flight network and contact persons publicly known to have organised or participated in the flights in question; asks the Lithuanian authorities to carry out forensic examination of the prison site and analysis of phone records; urges them to cooperate fully with the ECtHR in the case of Zubaydah v. Lithuania; calls on Lithuania, in the context of reopening the criminal investigation, to consider applications for status/participation in the investigation from other potential victims; urges Lithuania to respond in full to requests for information from other EU Member States, in particular the request for information from the Finnish Ombudsman regarding a flight or flights that may link Finland and Lithuania on a possible rendition route;

5.  Urges the Romanian authorities to locate all missing parliamentary inquiry documents and to swiftly open an independent, impartial, thorough and effective investigation; deplores their intransigence and silence in this regard, which are incompatible with their obligations;

6.  Asks Poland to continue its investigation on a basis of greater transparency, notably by offering evidence of concrete developments in the investigation, by allowing victims’ representatives to represent their clients and allowing them their right to access all classified material and act on the material that has been collected; calls on the Polish authorities to start criminal prosecutions against any implicated state actor; urges the Polish General Prosecutor, as a matter of urgency, to review the application of Walid Bin Attash and come to a decision; calls on Poland to cooperate in full with the ECtHR regarding the cases of Al-Nashiri v. Poland and Abu Zubaydah v. Poland;

7.  Calls on the British authorities to cooperate with ongoing criminal investigations and to allow cases to proceed in full transparency and not through secret proceedings, in order to conclude the investigations into the rendition of foreign nationals overseas; asks the British authorities to undertake a human-rights-compliant inquiry into the rendition, torture and ill-treatment of detainees abroad;

8.  Deplores the pardon of American colonel Joseph Romano by Italian President Napolitano, which has contributed to the overall environment of impunity for the persons implicated in the US-led rendition and secret detention programmes; encourages the Italian authorities to continue their efforts to obtain justice for human rights violations by the CIA on Italian territory, by insisting on the extradition of Robert Seldon Lady and requesting the extradition of the 22 other convicted US officials;

9.  Encourages the Finnish Ombudsman to complete his investigation on a basis of transparency and accountability, and, to this end, urges all national authorities to cooperate fully; asks Finland to pursue any leads that implicate Finnish state actors in the rendition programme;

Response of the EU institutions

10. Is highly disappointed by the Commission’s refusal to respond in substance to Parliament’s recommendations, and deems the letters sent by the Commission to the Member States to be insufficient for achieving accountability on account of their generic nature;

11. Reiterates its specific recommendations to the Commission:

–  to investigate whether EU provisions, in particular those on asylum and judicial cooperation, have been breached by collaboration with the CIA programme,

–  to facilitate and support human-rights-compliant mutual legal assistance and judicial cooperation between investigating authorities and cooperation between lawyers involved in accountability work in Member States,

–  to adopt a framework, including reporting requirements for the Member States, for monitoring and supporting national accountability processes,

–  to adopt measures aimed at strengthening the EU’s capacity to prevent, and provide redress for, human rights violations at EU level and to provide for the strengthening of Parliament’s role,

–  to put forward proposals for developing arrangements for democratic oversight of cross-border intelligence activities in the context of EU counter-terrorism policies;

12. Urges the Lithuanian authorities to seize the opportunity of their country’s EU Council presidency to ensure the full implementation of the recommendations contained in Parliament’s report and thus to put the issue on the Justice and Home Affairs (JHA) Council agenda before the end of the Lithuanian presidency;

13. Calls on the Council and the Commission to include, in their respective multiannual programmes succeeding the Stockholm Programme, specific measures to ensure the rule of law and accountability for fundamental rights violations, especially by intelligence services and law enforcement authorities: asks the Commission to include the issue of accountability on the agenda for the ‘Assises de la Justice’ to be held in November 2013;

14. Recalls that it is essential in order to ensure Parliament’s credibility, to substantially reinforce its rights of inquiry for investigating fundamental rights violations in the EU, which should include full power to hear under oath the people involved, including government ministers(6);

15. Asks Eurocontrol to recognise, as the American Federal Aviation Authority does, that flight route data should in no way be considered confidential and to release such necessary data for purposes of achieving effective investigations;

16. Expects Parliament’s inquiry into the US National Security Agency surveillance programme and surveillance bodies in various Member States, after having gathered information from all possible sources on the alleged surveillance practices in Member States, to propose measures for effective democratic parliamentary oversight of intelligence services,

17. Reiterates its specific recommendations to the Council:

–  to present apologies for having violated the principle enshrined in the Treaties of loyal cooperation between the Union institutions when it incorrectly attempted to persuade Parliament to accept the provision of deliberately shortened versions of the minutes of the meetings of COJUR and COTRA with senior US officials,

–  to issue a declaration acknowledging Member States’ involvement in the CIA programme and the difficulties encountered by Member States in the context of inquiries,

–  to give its full support to the truth-finding and accountability processes in the Member States by formally addressing the issue at JHA meetings, sharing all information, providing assistance to inquiries and, in particular, acceding to requests for access to documents,

–  to hold hearings with relevant EU security agencies in order to clarify their knowledge of Member States’ involvement in the CIA programme and the EU’s response,

–  to propose safeguards so as to guarantee respect for human rights in intelligence-sharing, and a strict delimitation of roles between intelligence and law-enforcement activities so that intelligence agencies are not permitted to assume powers of arrest and detention;

18. Asks the EU to review carefully FYROM’s progress in implementing the ECtHR decision in the case of El-Masri v. Macedonia, which the Committee of Ministers has now subjected to its enhanced process in the context of FYROM’s bid for accession; urges the FYROM’s authorities to open a criminal investigation into state actors’ complicity in the El-Masri case and to hold those responsible to account;

19. Calls on the US Government to cooperate with all requests from EU Member States for information with regard to the CIA programme and especially requests for extradition; urges it to stop using draconian protective orders which prevent lawyers acting for Guantánamo Bay detainees from disclosing information regarding any detail of their secret detention in Europe; encourages it to complete its plan to close the Guantánamo Bay prison promptly; asks the Member States to accept Guantánamo detainees cleared for resettlement;

20. Calls on the Agency for Aerial Navigation Safety in Africa and Madagascar to start its cooperation with Parliament promptly by providing the requested information on flight data;

21. Calls on the next Parliament (2014-2019) to continue to fulfil and implement the mandate given by the Temporary Committee and consequently to ensure that its recommendations are followed up, to examine new elements that may emerge and to make full use of, and develop, its rights of inquiry;

22. Instructs its President to forward this resolution to the Council and the Commission, and the governments and parliaments of the Member States.

(1)

Including Jeffrey W. Castelli, former CIA station chief in Rome.

(2)

Texts adopted, P7_TA(2012)0309.

(3)

Texts adopted, P7_TA(2013)0231.

(4)

2 Texts adopted, P7_TA(2012)0500.

(5)

Framework Principles for securing the accountability of public officials for gross or systematic human rights violations committed in the context of State counter-terrorism initiatives), A/HRC/22/52, 1 March 2013.

(6)

See: Proposal for a Regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament’s right of inquiry replacing the Decision of the European Parliament, the Council and the Commission of 19 April 1995 (95/167/EC, Euratom, ECSC), 23 May 2012, texts adopted, P7_TA(2012)0219. 2009/2212(INI).

Last updated: 4 September 2013Legal notice