MOTION FOR A RESOLUTION

12.12.2005

to wind up the debate on statements by the Council and Commission
pursuant to Rule 103(2) of the Rules of Procedure
by Martin Schulz, Jan Marinus Wiersma, Hannes Swoboda and Martine Roure
on behalf of the PSE Group
on the presumed used of European countries for the illegal transport and detention of prisoners by the CIA

B6‑0651/2005

European Parliament resolution on the presumed used of European countries for the illegal transport and detention of prisoners by the CIA

The European Parliament,

-  having regard to Article 6 and 7 of the EU Treaty,

-  having regard to the European Convention on Human Rights, especially Articles 2, 3, 5 and 6 thereof,

-  having regard to the Charter of Fundamental Rights of the European Union, especially Articles 1, 4, 19, 47 and 48 thereof,

-  having regard to the Convention against torture and other cruel, inhuman or degrading treatment or punishment, especially Article 2, 3 and 11 thereof,

-   having regard to written questions E-2203 and E-2204/05, tabled by Martine Roure, Giovanni Claudio Fava and Wolfgang Kreissl-Dörfler (PSE) on 9 June 2005 to the Commission and to the Council, on cases of 'extraordinary renditions' in the territory of the European Union;

-  having regard to the EU-US Transatlantic Dialogue and in particular to the EU-US summit of 20 June 2005 and the resulting EU-US declarations on the fight against terrorism and on democracy, freedom and human rights,

-   having regard to the Stabilisation and Association Agreements with some states in the Western Balkans and the Partnership and Cooperation Agreements with other European states, which all include paragraphs concerning respect for human rights,

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

A.  whereas reports were published by human rights organisations of the presumed existence of secret CIA prisons for the illegal holding and interrogation of 'ghost prisoners' in Member States of the European Union, the accession countries and other European countries associated with the European Union, and on the presumed use of EU airports by secret CIA flights for the illegal rendition of such 'ghost prisoners',

B.  whereas in several Member States judicial proceedings or governmental inquiries have been set up to investigate the role of the United States' Central Intelligence Agency in 'irregular extradition' or 'extraordinary rendition', consisting in the abduction and subsequent transport and illegal detention of suspects of terrorism,

C.  whereas such inquiries, as well as press disclosures and NGOs' reports, have indicated codes and references of the aircraft and airport facilities allegedly used by the CIA for the transport of illegally extradited suspects, including facilities pertaining to NATO military bases, such as Aviano in Italy, Ramstein in Germany and Kogalniceanu in Romania, situated in the territory of the European Union and its future Member States,

D.  whereas such inquiries and press disclosures have indicated that the suspects illegally extradited, among them at least one EU citizen, have allegedly been unlawfully detained without any incrimination or judicial authorisation and have allegedly been submitted to inhumane and degrading treatment and torture,

E.  whereas these reports of the existence of secret prison camps operated by or under supervision of the CIA, illegal rendition operations carried out or supervised by the CIA and the use of European airports by the CIA have been neither confirmed nor denied by the US government,

F.  whereas the Secretary-General of the Council of Europe has set up an inquiry into these allegations under Article 52 of the ECHR and has designated a rapporteur in the person of Mr Dick Marty,

G.  whereas the US Secretary of State, has - according to press reports - given, during her recent visit to Brussels, a statement to the EU and NATO Ministers of Foreign Affairs on the US Government's policy regarding its adherence to the international treaties on respect for human rights and the treatment of prisoners,

H.  whereas, however, completely insufficient information has been made available about the illegal imprisonment, the illegal rendition and the treatment of 'ghost prisoners' by US services and/or US-allied services and the possible involvement of the governments of EU Member States and/or accession countries and the intelligence agencies of those states,

I.  whereas these serious allegations are raising citizens' concern about the protection of fundamental rights in the European Union and respect for Member States' sovereignty;

1.  Reaffirms its determination in the fight against terrorism and believes that the respect for fundamental rights enshrined in the Treaties, in the EU Charter and in the European Convention on Human Rights, as well as the principles of democracy and the rule of law, remain essential tools for the fight of the European Union against the terrorist threat;

2.  Stresses that full transparency and mutual respect for basic principles of legislation is essential for a further strengthening of EU/US relations and cooperation in the fight against terrorism;

3.  Recalls that Member States are bound by Article 6 of the EU Treaty to respect and guarantee the protection of fundamental rights and principles deriving from constitutional traditions and international obligations as listed in the Charter of Fundamental Rights of the European Union;

4.  Recalls that Article 7 of the EU Treaty foresees the possibility for the EU to recur to binding actions such as the suspension of certain rights, including the right to vote in Council, as recently stated by the Commission, in the event of a serious and persistent violation of fundamental rights or of the risk thereof by a Member State;

5.  Expresses its deep concern over the allegations concerning the role of the CIA in the illegal kidnapping, transportation and secret detention of terrorist suspects, as well as the alleged presence of secret CIA detention sites inside the territory of the European Union, of candidate countries and of other European countries associated with the Union;

6.  Insists that full information must be given by the governments of the Member States, the governments of the accession countries and the governments of other countries associated with the European Union about their possible involvement and/or the involvement of any of their intelligence agencies or forces of order now or in the past in the establishment or operation of such illegal prison camps, the illegal rendition of 'ghost prisoners' or the use of their airports for this purpose,

7.  Insists that full information must be given in this framework about the possible abuse of the police and judicial cooperation between the European Union and the United States in the framework of the New Transatlantic Agenda,

8.  Is of the opinion that a parliamentary inquiry must be carried out to elucidate:

• a)whether 'extraordinary renditions' of individuals by the CIA actually took place in the territory of the European Union, the accession and candidate countries and/or other European countries associated with the European Union, including through flights and detention at secret sites, and, in that case, whether these practices could be considered legal in the territory of the European Union according to Article 6 of the EU Treaty, Articles 2, 3, 5 and 6 of the ECHR and the EU/US agreement on extradition and judicial cooperation in criminal matters;
• b)whether EU citizens were among those involved in rendition operations, illegal detention or torture in the framework of alleged CIA covert operations on the territory of the EU;
• c)whether Member States, public officials or persons acting in an official capacity were involved in the acknowledged or unacknowledged illegal deprivation of liberty of individuals, including rendition, transfer and detention, whether by action or omission;

9.  Considers, in this respect, that all necessary contacts should be activated with a view to the essential cooperation with the US Congress and the Council of Europe in order to obtain the full information on this issue;

10.  Instructs its President to forward this resolution to the Commission, the Council, the Parliaments of the Member States, the Governments and Parliaments of the accession countries and of other European countries associated with the European Union, and the Government and Congress of the United States.