with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 115 of the Rules of Procedure
by Simon Coveney and Bernd Posselt,
on behalf of the PPE-DE Group
NB: This motion for a resolution is available in the original language only.
European Parliament resolution on Guantanamo
The European Parliament,
having regard the previous resolutions on the Guantanamo detainees' rights to a fair trial and in particular, its resolution adopted in October 2004(1);
having regard to the Convention against torture and other cruel, inhuman and degrading treatment or punishment, adopted by the UN General Assembly on 10 December 1984;
Whereas both the United States of America and the Member States of the EU have repeatedly reaffirmed their commitment to the democratic values which are the foundation of both the transatlantic community and solidarity: freedom, democracy, the rule of law and human rights,
Whereas the US military operation in Afghanistan was a consequence of the terrorist attacks of 11 September 2001 and whereas this operation enjoyed widespread support among the international community;
Whereas as a result of the Afghanistan war, and under the suspicion of terrorism, hundreds of prisoners are still being held in US custody in locations such as Guantanamo Bay,
Whereas, in February 2002, the US President, George W. Bush, ordered that prisoners held at Guantánamo be treated “humanely and, to the extent appropriate with military necessity, in a manner consistent with” the Geneva Conventions;
Concerned by recent news reporting that the US military is intending to extend military executions rules to the condemned terror suspects at the Guantanamo Bay detention facility;
Noting with satisfaction that some detainees have been given the right to have access to private conference with independent lawyers;
Whereas EU institutions, Member States and public opinion are concerned about conditions at the Guantanamo Bay Naval Base and have called for the closing of this detention camp and for the prisoners to be treated in accordance with the rule of law, regardless of their nationality or origin;
Stresses that contemporary terrorism and, namely, global terrorism directed against western democracies and their peoples, provoking massive indiscriminate civilian victims by brutal, murderous and coward attacks, correspond nowadays to the most violent threat to basic and fundamental human rights our societies are faced with;
Reiterates its indignation and outrage against all massive terrorist attacks, namely 11 September 2001, 11 March 2004 and 7 July 2005, and its solidarity towards their victims and the pain and suffering of their families, friends and relatives;
Reaffirms that, facing this terrible modern threat, the prime duty of western governments is to protect their citizens with resolve, to fight terrorism firmly and tenaciously and to detect and dismantle any terrorist networks;
Reiterates nonetheless its belief that the fight against terrorism cannot be waged at the expense of established basic, shared values such as respect for human rights and the rule of law;
Insists on the fact that every prisoner should be treated according to International Humanitarian law and tried without delay in a fair and public hearing by a competent, independent and impartial tribunal, so exercising and showing the very values we stand for;
Reiterates its recommendations to the Council adopted in March 2004 as regards the legal consideration of detainees held in Guantanamo Bay; calls for an UN Conference to draft appropriate amendments to the Geneva Convention recognising the legal difficulties that Guantanamo Bay has raised.
Calls on the US administration to close the Guantanamo Bay detention facility as recently proposed by the German Chancellor, Angela Merkel;
Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the CFSP, the parliaments of the Member States and the President and Congress of the United States of America.