MOTION FOR A RESOLUTION on Guantanamo: imminent death penalty decision
7.6.2011
pursuant to Rule 122 of the Rules of Procedure
Ioannis Kasoulides, Eduard Kukan, Cristian Dan Preda, Bernd Posselt, Mario Mauro, Michèle Striffler, Tunne Kelam, Eija-Riitta Korhola, Monica Luisa Macovei, Elena Băsescu, Sari Essayah, Giovanni La Via on behalf of the PPE Group
See also joint motion for a resolution RC-B7-0362/2011
B7‑0371/2011
European Parliament resolution on 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 abolition of the death penalty and on the rights of detainees at Guantánamo to a fair trial,
– having regard to Rule 122(5) of its Rules of Procedure,
A. whereas Saudi Arabian national Abd al-Rahim Hussayn Muhammed al-Nashiri, accused of planning the 12 October 2000 suicide bombing of the USS Cole in Yemen in which 17 US sailors were killed, and the attack on the French oil tanker MV Limburg in the Gulf of Aden on 6 October 2002, in which one crew member was killed, has been held in US custody since 2002, currently in Guantánamo Bay,
B. whereas on 20 April 2011, al-Nashiri was charged under the Military Commissions Act of 2009 with “murder in violation of the laws of war” and with “terrorism”,
C. whereas the chief prosecutor has recommended that the charges be referred as capital, but whereas capital charges can only be pursued if approved by the “convening authority” of the military commissions, an official appointed by the Secretary of Defence,
D. whereas the current convening authority Bruce MacDonald will accept written arguments on the question of capital charges until 30 June before making a decision,
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 and whereas on 6 May 2011, Open Society Justice Initiative filed a case against Poland to the European Court of Human Rights, accusing Poland of human rights violations and asking Poland and the Council of Europe to oppose capital punishment charges before 30 June 2011,
F. whereas no trial date has yet been set for the case of al-Nashiri; whereas no US military execution has taken place since 1961 and the first man to be sentenced to military execution since then, in 1988, is still on death row,
G. 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,
H. 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, namely freedom, democracy, the rule of law and human rights,
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, the prohibition on arbitrary detention; welcomes the close transatlantic cooperation on a wide range of international human rights issues;
2. Reiterates its indignation and outrage at all mass terrorist attacks, and its solidarity with the victims of such attacks and its sympathy for the pain and suffering of their families, friends and relatives; reiterates, however, 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;
3. Reiterates its long-standing opposition to the use of torture and ill-treatment and 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;
4. Calls on the prosecution not to seek a death sentence in the case at stake of Abd al-Rahim al-Nashiri; calls on the Council, the Commission and the Member States to make strong representations to the US to ensure that he is not executed;
5. Reiterates its call to the US authorities to review the military commissions system to ensure fair trial, to close Guantánamo, to prohibit in any situation the use of torture, ill-treatment, incommunicado detention and enforced disappearances and reminds EU institutions and Member States of their duty not to collaborate in, or cover up, such acts prohibited by international, European and national law;
6. Calls on EU and Member States authorities, as well as the US authorities, to hold full enquiries into human rights violations and crimes prohibited by international, European and national law and to bring to justice those responsible, including in the framework of CIA extraordinary renditions and secret prisons programme;
7. Instructs its President to forward this resolution to the Convening Authority for Military Commissions, the US Secretary of State, the US President, the US Congress, the High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the EU Member States, the European Court of Human Rights, the UN Secretary-General, the President of the UN General Assembly and the governments of the UN member states.