MOTION FOR A RESOLUTION

23.5.2006

to wind up the debate on statements by the Council and Commission
pursuant to Rule 103(2) of the Rules of Procedure
by Pasqualina Napoletano, Elena Valenciano Martínez-Orozco and Panagiotis Beglitis
on behalf of the PSE Group
on the situation of detainees in Guantánamo

B6‑0300/2006

European Parliament resolution on the situation of detainees in Guantánamo

The European Parliament,

–  having regard to the different 'Geneva Conventions', especially the 'Third Convention' on the 'Treatment of prisoners of war' (POW) and the 'Fourth Convention' on the 'Protection of civilian persons in time of war',

–  having regard to the 'UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment',

–  having regard to the 'EU Guidelines on the fight against torture and the death penalty' and the 'EU Guidelines on human rights dialogue with third countries',

–  having regard to Amnesty International's April 2006 report on the implementation by the United States of America of its obligations under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

–  having regard to its previous resolutions on Guantánamo, in particular its resolution of 7 February 2002 and 15 February 2006 on the situation of the detainees at Guantánamo Bay, and its recommendation to the Council of 10 March 2004,

–  having regard to the report of the UN Committee against Torture, adopted on 19 May 2006,

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

A.  whereas on19 May 2006 the UN Committee against Torture, made up of independent experts, published a damning report describing the United States' serious violations of the 1984 UN Convention against Torture,

B.  whereas the report clearly establishes that torture has been systematically used by the US authorities against detainees, in particular in the US-controlled 'detention centres' in Iraq and Afghanistan and at Guantánamo Bay (Cuba),

C.  whereas conditions of detention in these centres are inhuman and degrading, and whereas, since there have been 41 cases of attempted suicide at the Guantánamo 'detention centre' since it was opened by the USA in 2002,

D.  welcoming the fact that, on 16 May 2006, the US military authorities published a list of 759 prisoners held at the American detention centre at Guantánamo; regretting, however, that the Pentagon has refused to specify whether this list is exhaustive and includes the names of all prisoners who have transited through Guantánamo,

E.  deploring the fact that the United States has not yet recognised the jurisdiction of the International Criminal Court; points out, moreover, that the United States has signed bilateral agreements with some EU applicant countries to ensure that US citizens do not come under the Court's jurisdiction,

1.  Condemns in the strongest terms the serious and repeated human rights violations committed at the Guantánamo Bay detention centre;

2.  Rejects the US administration's moves to narrow its interpretation of the definition of torture under Article 1 of the relevant UN Convention, the authorisation of methods of interrogation prohibited under national and international law, and the holding of detainees in secret detention centres;

3.  Recalls that the fight against international terrorism must be conducted with due respect for fundamental rights and the relevant international conventions;

4.  Calls on the US authorities again to close all these 'detention centres' criticised by the UN Committee as soon as possible;

5.  Calls on the United states to accept and implement all the conclusions of the UN Committee against Torture's report of 19 May 2006, in particular those calling on the United States to 'take immediate measures to eradicate all forms of torture' by its security forces;

6.  Endorses the conclusions of the UN Committee against Torture's report, in particular those calling for:

• (a)the United States to ensure that 'no-one is detained in any secret detention facility' on its territory, on territories under its jurisdiction or on sites under its de facto control;
• (b)the United States to recognise that detaining persons in secret facilities constitutes, per se, an act of torture or cruel, inhuman or degrading treatment or punishment, depending on its exact nature, its aim and its severity;
• (c)the United states 'to cease to detain any person at Guantánamo Bay and close this detention facility, permit access by the detainees to judicial process or release them as soon as possible, ensuring that they are not returned to any State where they could face a real risk of being tortured';

7.  Recalls that the United states is also suspected by the UN Committee of 'outsourcing' torture by transferring suspected terrorists to other countries with a view to interrogating them, and, in this connection, is awaiting the conclusions of its 'CIA Temporary Committee';

8.  Calls on the US to take immediate action against those responsible for torture and ill-treatment at Guantánamo; calls for them to be brought to justice;

9.  Insists that every prisoner must be treated in accordance with international humanitarian law and tried without delay in a fair and public hearing by a competent, independent and impartial tribunal; calls for the immediate release of all detainees who are in custody without a timely charge and fair trial;

10.  Expresses its deep concern at the fact that the US is taking a selective approach to international human rights standards and showing disregard for its obligations under international humanitarian and human rights treaties, a development which threatens to undermine the whole framework of international human rights law, including the consensus on the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment;

11.  Calls on the Council and the Commission to include on the agenda for the next EU-US Summit the question of the human rights violations at the Guantánamo Bay detention centre;

12.  Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the CFSP, the President and Congress of the United States of America and the UN Secretary-General.