MOTION FOR A RESOLUTION on the Guantanamo: imminent death penalty decision
7.6.2011
pursuant to Rule 122 of the Rules of Procedure
Véronique De Keyser, Ana Gomes, Claude Moraes, Richard Howitt on behalf of the S&D Group
See also joint motion for a resolution RC-B7-0362/2011
B7‑0362/2011
European Parliament resolution on the Guantanamo: imminent death penalty decision
The European Parliament,
- having regard to UN General Assembly Resolution 62/149 of 18 December 2007 on the moratorium on the use of the death penalty in the world,
- having regard to the UN Secretary-General's report to the fifteenth session of the Human Rights Council on the question of the death penalty of 16 July 2010 (A/HRC/15/19),
- having regard to Article 2 of the Charter of Fundamental Rights of the European Union,
- having regard to the EU Guidelines on the Death Penalty, in particular in view of the planned revision of the Guidelines in 2011,
- having regard to its previous resolutions on the rights of detainees at Guantánamo to a fair trial,
- having regard to Rule 122(5) of its Rules of Procedure,
A. whereas the European Union is strongly committed to working towards the abolition of the death penalty everywhere and is striving to achieve universal acceptance of this principle,
B. whereas 34 states out of the 50 which make up the United States of America, have the death penalty, although 3 of them have not held executions since 1976,
C. whereas some states, including Montana, New Mexico, New Jersey, New York, North Carolina and Kentucky have moved against the death penalty through measures including a moratorium on executions or abolished the death penalty as Illinois on 9 March 2011,
D. whereas the ‘convening authority’ is to decide imminently at the upcoming military commission trial to seek death penalty for Saudi Arabian national ‘Abd al Rahim Hussayn Muhammed al Nashiri held at the Guantánamo Bay detention centre,
E. whereas ‘Abd al-Rahim al-Nashiri’ has alleged that for several months in 2002 and 2003 he was held in secret CIA detention in Poland and that he was tortured during this period,
1. Notes that the transatlantic relationship is invaluable and based on shared core values and respect of basic universal and non negotiable human rights, such as the right to a fair trial and the prohibition of arbitrary detention;
2. Reiterates its long-standing opposition to the death penalty in all cases and under all circumstances and emphasises once again that abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights;
3. Calls on the United States to adopt an immediate moratorium on executions;
4. Reiterates its call to the US Administration to close the Guantánamo Bay detention facility and insists that every prisoner should be treated in accordance with international humanitarian law and, if charged, tried without delay in a fair and public hearing by a competent, independent and impartial court of law or international tribunal;
5. Welcomed back in 2009 the decision of the President of the United States of America to close the Guantanamo Bay Detention Centre and to order a review of detention, trial, transfer and interrogation policies in the fight against terrorism, and laments the President’s decision of 7 March 2011 to sign the executive order on detention and revocation of the ban on military tribunals;
6. Notes that 172 detainees are still held there and military commission is still prosecuting detainees; expresses its serious concern at the prospect that 47 Guantánamo detainees will never be tried and therefore will remain in indefinite detention, according to announcements made on 7 March 2011, following an Executive Order delivered by the current USA administration;
7. Reiterates that Member States that are willing to receive former detainees cooperate with the United States Government in finding residence for those former detainees who are “cleared for release”;
8. Considers that military commission trials fail to meet international fair trial standards and recalls that international law prohibits the death penalty based on any trial that has not met those standards;
9. Asks the prosecution not to seek death sentence for Saudi Arabian national ‘Abd al Rahim Hussayn Muhammed al Nashiri held at Guantánamo Bay detention centre and for the relevant courts to grant him a trial;
10. Recalls that ‘Abd al Rahim Hussayn Muhammed al Nashiri’ has appealed to the European Court of Human Rights, requesting that the court order the Polish Government to intervene with the US authorities to try to stop the military commission prosecution from seeking the death penalty and that this decision is pending;
11. Recalls that hundreds of prisoners are awaiting death penalty in the US and regrets the recent Supreme Court decision to not re-examine the case of Troy Davis, reopening for the state of Georgia a possibility to set up an execution date; notes the 26 April 2011 decision by the Third Circuit Court of Appeals to grant new sentencing and vacate the death sentence pronounced against Mumia Abu Jamal and hopes a fair trial will take place;
12. Calls on the Presidency of the Council and the High Representative to raise the issue as a matter of urgency with the US authorities;
13. Instructs President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the parliaments and governments of the Member States, and the Government of the United States.