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 and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984,

–  having regard to the transatlantic cooperation between the country-regionUSPlaceName and the EU and its placeMemberPlaceType States, notably in the field of the fight against terrorism,

–  having regard to:

–  having regard to its resolution of 14 February 2007 on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (Fava report)(5) and the Council of Europe activities on the same issue,

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

A.  whereas, in the aftermath of the terrorist attacks of 11 September 2001, in January 2002 the country-regionUS established a high security detention facility at PlaceNameGuantánamoPlaceType Bayplace (country-regionCuba), where terrorist suspects have been detained,

B.  whereas prisoners at Guantánamo Bay and in secret detention facilities have been denied their fundamental human rights, notably the right of fair trial, and have been subjected to harsh interrogation techniques, such as water boarding, which amount to torture and cruel, inhumane or degrading treatment,

C.  whereas in a series of judgments by the US Courts, including the Supreme Court, partial and limited rights have been recognised, including the possibility of access to American civilian courts,

D.  whereas in its resolution on the transportation and illegal detention of prisoners by the CIA in placeEurope, the responsibilities of the EU and of Member States, including in flights leading to Guantánamo, were closely examined,

E.  whereas a list published by US authorities contained 759 past and present prisoners of Guantánamo; 525 prisoners were released, while five died while in custody; there are now around 250 inmates at Guantánamo, of whom:

F.  whereas the use of torture and other illegal means implies that ‘evidence’ gathered is inadmissible in courts, rendering prosecutions and convictions for terrorism impossible,

1.  Welcomes the formal decision of US President Barack Obama to proceed to the closure of the detention facility of Guantánamo Bay; highlights with the closure of this site of shame the US return to respect for humanitarian and international law, permanently despised by the Bush administration;

2.  Recalls that the main responsibility for the whole process of closing the Guantánamo Bay detention facility and the future of its inmates rests with the US; affirms nonetheless that responsibility for respect for international law and fundamental rights rests with all democratic countries, particularly the EU and its Member States, which together represent a community of values;

3.  Calls on the Member States, in response to the request by President Obama for cooperation in finding solutions, to be prepared to accept Guantánamo inmates in the EU, in order to help reinforce international law, thus ensuring, as a priority, fair and humane treatment for all;

4.  Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the CFSP, the parliaments of the PlaceNameMemberPlaceType States, 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 country-regionplaceUnited States of America.

(1) OJ C 300 E, 9.12.2006, p. 136. (2) OJ C 290 E, 29.11.2006, p. 423. (3) OJ C 102 E, 28.4.2004, p. 640. (4) OJ C 284 E, 21.11.2002, p. 353. (5) OJ C 287 E, 29.11.2007, p. 309.