Activities of Hélène FLAUTRE related to 2012/2033(INI)
Plenary speeches (2)
Alleged transportation and illegal detention of prisoners in European countries by the CIA (debate)
Alleged transportation and illegal detention of prisoners in European countries by the CIA (debate)
Reports (1)
REPORT on alleged transportation and illegal detention of prisoners in European countries by the CIA: follow-up of the European Parliament TDIP Committee report PDF (291 KB) DOC (184 KB)
Amendments (34)
Amendment 1 #
Draft opinion
Recital A
Recital A
A. whereas the European Union is founded on commitment to democracy, the rule of law and, human rights and fundamental freedoms, respect for human rdightsnity and international law, not only in its internal policies, but also externally; whereas the EU commitment to human rights reinforced by the entry into force of the EU Charter of Fundamental Rights and the accession process to the ECHR must be reflected into all areas of policy in order to make the EU human rights policy effective and credible;
Amendment 3 #
Motion for a resolution
Citation 8
Citation 8
– having regard to the Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment and the EU guidelines on the death penalty,
Amendment 4 #
Motion for a resolution
Citation 14
Citation 14
Amendment 5 #
Draft opinion
Recital B
Recital B
B. whereas instruments governing the EU's Common Foreign and Security Policy (CFSP) include the Universal Declaration of Human Rights, the UN International Covenant on Civil and Political Rights (ICCPR) and its two Optional Protocols, and the UN Convention Against Torture (CAT), and the Optional Protocol to the CAT, which not only mandates an absolute ban on torture but also requires investigation of allegations of tortureentails a positive obligation to investigate allegations of torture and to provide remedies and reparation; whereas the EU guidelines on torture provide the framework for the EU's efforts ‘'to prevent and eradicate torture and ill- treatment in all parts of the world’;
Amendment 5 #
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the Communication from the Commission to the Council and the European Parliament of 15 October 2003 on Article 7 of the Treaty on European Union: Respect for and promotion of values on which the Union is based [COM(2003) 606 final],
Amendment 6 #
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas secret detention, which constitutes enforced disappearances, may amount, if widely or systematically practiced, to a crime against humanity; whereas states of emergency and the fight against terrorism constitute an enabling environment for secret detention;
Amendment 11 #
Motion for a resolution
Citation 31
Citation 31
Amendment 12 #
Draft opinion
Recital D a (new)
Recital D a (new)
D a. whereas the US government passed, in December 2011, detention provisions in the National Defence Authorisation Act that introduce indefinite detention of persons suspected of engaging in terrorist actions within the US and undermine the right to due process and a fair trial;
Amendment 17 #
Motion for a resolution
Citation 32
Citation 32
– having regard to the hearings of its Committee on Civil Liberties, Justice and Home Affairs (LIBE) held on 27 March 2012 and of its Subcommittee on Human Rights held on 12 April 2012, the LIBE delegation visit to Lithuania of 25-27 April 2012, the visit of the rapporteur to Poland on 16 May 2012 and all the written and oral contributions received by the rapporteur,
Amendment 18 #
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
- having regard to the joint request for flight data submitted to the Director of Eurocontrol by the Chairman of the Committee on Civil Liberties, Justice and Home Affairs and the rapporteur on 16 April 2012 and to the comprehensive response received from Eurocontrol on 26 April 2012,
Amendment 19 #
Motion for a resolution
Citation 32 b (new)
Citation 32 b (new)
- having regard to the DG IPOL note "The results of the inquiries into the CIA's programme of extraordinary rendition and secret prisons in European states in light of the new legal framework following the Lisbon Treaty" (PE 462456),
Amendment 26 #
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates its condemnation of the practices of extraordinary rendition, secret prisons and torture, which are prohibited under domestic and international human rights law and which breach inter alia the rights to liberty, security, humane treatment, freedom from torture, presumption of innocence, fair trial, legal counsel and equal protection under the law; reaffirms in this respect that the use of unreliable and unenforceable diplomatic assurances to send foreigners alleged to be threats to national security to countries where they are at risk of torture or other ill-treatment contradicts states' obligations in this regard, and calls on the Council and EU Member States to ban this practice;
Amendment 33 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reiterates that full application of the human rights clause of agreements is fundamental in the relations between the European Union and its Member States and third countries and considers that there is a real momentum to revisit how European governments have cooperated with the apparatus of repression of dictatorships in the name of countering terrorism; considers in this respect that the newly revised European Neighbourhood Policy must bring strong support to security sector reform which must notably ensure a clear separation of intelligence and law enforcement functions; calls on the EEAS, the Council and the Commission to reinforce its cooperation with the Committee for the Prevention of Torture and other relevant Council of Europe mechanisms in the planning and implementation of counter- terrorism assistance projects with third countries and in all forms of counter- terrorism dialogues with third countries;
Amendment 34 #
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates its call, required by international law and notably Article 12 of the CAT, for all states faced with credible allegations to end impunity and conduct thorough investigations and inquiries into all alleged acts of extraordinary rendition, secret prisons, torture and other serious human rights violations, so to determine responsibility and ensure accountability, including bringing individuals to justice where there is evidence of criminal liability; calls in this respect on the HR/VP and EU Member States to take all necessary measures to ensure a due follow-up to the UN Joint Study on global practices in relation to secret detention in the context of countering terrorism , in particular regarding the follow-up letter sent by the Special Mandates holders on 21 October 2011 to 59 states asking their respective governments to provide an update on the implementation of the recommendations contained in this study;
Amendment 44 #
Motion for a resolution
Recital G
Recital G
G. whereas the 2011 Council of Europe report states that the data obtained from the Polish agencies in 2009 and 2010 ‘'provide definite proof’' that seven CIA-associated aircraft landed in Poland; whereas a ‘in March 2012, the Polish media claimed that charges had been brought against the former heads of Poland's intelligence services3; whereas in December 2011, a CIA 'black site’' was identified in Romania by investigative journalists on the basis of information provided by former CIA employees in the Romanian national registry office for 1 ‘Inside Romania’s secret CIA prison’, The Independent, 9.12.2011. 2 ‘Inside Romania’s secret CIA prison’, The Independent, 9.12.2011. 3 http://wyborcza.pl/1,75478,11425498,Zarzuty_za_polskie_wiezienie_CIA.html; http://www.telegraph.co.uk/news/worldnews/europe/poland/9169366/Poland-ex-spy-boss-charged-over- classified information(*)1; whereas former Libyan dissidents have started legal proceedings against the UK for the direct involvement of MI6 in their own and their family members‘' rendition, secret detention and torture;
Amendment 45 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Pays tribute to US civil society initiatives to set up in 2010 an independent bipartisan taskforce to examine the US Government's policy and actions related to the capture, detention and prosecution of "suspected terrorists" and US custody during the Clinton, Bush and Obama administrations;
Amendment 46 #
Motion for a resolution
Recital H
Recital H
H. whereas the Lithuanian authorities have endeavoured to shed light on their countryLithuania's involvement in the CIA programme by carrying out parliamentary and judicial inquiries; whereas the parliamentary investigation by the Seimas Committee on National Security and Defence concerning the alleged transportation and confinement of persons detained by the CIA on Lithuanian territory established that five CIA-related aircraft landed in Lithuania between 2003 and -2005 and that two tailored facilities suitable for holding detainees in Lithuania (Projects Nos .1 and Project No.2) were prepared at the request of the CIA; whereas numerousthe LIBE delegation thanks the Lithuanian authorities for welcoming the Members of the European Parliament in Vilnius in April 2012 and having allowed the LIBE delegation access to Project No. 2; whereas the layout of the buildings and installations inside appear compatible with the detention of prisoners; whereas many questions related to CIA operations in Lithuania remain open despite the subsequent judicial investigation subsequently conducted in 2010 and closed in January 2011; whereas the Lithuanian authorities have expressed their readiness to re- launch investigations if other new information were to come to light and whereas the Prosecutor's Office offered to provide further information on the criminal investigation in response to a written request from the European Parliament;
Amendment 49 #
Motion for a resolution
Recital I
Recital I
I. whereas research and court findings on the logistics involved in covering up these illegal operations related to the CIA programme, including dummy flight plans and the use of private aviation companies to conduct CIA renditions, haves further revealed the systematic nature and the extent of the European involvement in the CIA programme; whereas an analysis of the new data provided by Eurocontrol supports in particular the argument that to conceal the origin and destination of prisoners' transfers, contractors operating renditions missions switched from one plane to another mid-route;
Amendment 52 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the need to protect legitimate state secrets can never be invoked to limit the legal obligations of states to investigate serious human rights violations;
Amendment 53 #
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas, according to the European Committee for the Prevention of Torture: "the interrogation techniques applied in the CIA-run overseas detention facilities have certainly led to violations of the prohibition of torture and inhuman and degrading treatment"1;
Amendment 54 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 55 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Deplores the Macedonian Government's failure to take any investigative steps regarding the illegal detention and abduction of Khaled El- Masri and the lack of action by the Office of the Skopje Prosecutor to carry out a criminal investigation into Mr El-Masri's complaint; notes that the European Court of Human Rights has taken up the case of Mr El-Masri and that the Grand Chamber had its first hearing on 16 May 2012; considers that allegations against the Macedonian Government's conduct in the case of Mr El-Masri are inconsistent with the EU's founding principles of fundamental rights and the rule of law and must be duly raised by the Commission in the framework of the Macedonia accession process to the EU;
Amendment 56 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Is particularly concerned by the procedure conducted by a US military commission regarding Mr Abd al-Rahim al-Nashiri who could be sentenced to death if convicted; reiterates its long- standing opposition to the death penalty in all cases and under all circumstances and notes that Mr al-Nashiri's case has been before the European Court of Human Rights since 6 May 2011; calls on Poland and Romania to conduct effective investigations into their role in secret detentions and renditions and to use all available means to ensure that Mr al- Nashiri is not subjected to the death penalty; urges the HR/VP to raise the case of Mr al-Nashiri as a matter of priority with the US and to implement with its strategic partner the EU Guidelines on the death penalty;
Amendment 63 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Conference of Delegations Chairs to ensure that parliamentary dialogues be initiated on the protection of fundamental rights while countering terrorism on the basis of and in follow-up to the findings of the UN Joint Study on global practices in relation to secret detention in the context of countering terrorism and of the UN compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including their oversight;
Amendment 77 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concerns regarding the obstacles encountered by national parliamentary and judicial investigations into Member States‘' involvement in the CIA programme, as documented in detail by the 2011 Council of Europe report on abuse of state secrecy and national security, including lack of transparency, classification of documents, prevalence of national and political interests, narrow remit of investigations, restrictions of victims' right to effective participation and defence, lack of rigorous investigative techniques and of cooperation between investigative authorities across the EU;
Amendment 84 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges Member States to establish the truth concerning their involvement in the CIA programme and meet their obligation to investigate human rights violations by conducting independent and effective inquiries, taking into account all the new evidence that has come to light; urges in particular that Member States investigate into the matter of whether any individuals were held in CIA secret detention centres on EU territory;
Amendment 90 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges Romania to meet its legal obligation to launch an independent and effective inquiry into CIA secret CIA detentions on its territory; expects the Romanian General Prosecutor to initiate a criminal investigation into alleged CIA secret detention sites in Romania, in particular in light of the new evidence on flight connections between Romania and Lithuania;
Amendment 94 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes theEncourages Poland to persevere in its ongoing criminal investigation into secret detention launched in Poland, andbut deplores the lack of official communication on the scope, the conduct and the state of play of the investigation; calls on the Polish authorities to conduct a rigorous inquiry, with due transparency, allowing thefor effective participation of victims and their lawyers;
Amendment 97 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the readCalls on the Lithuanian authorities to honour their commitment to re-open the criminal invess expressed by the Lithuanian authorities to reopen an inquiry if other new information comes to lighttigation into Lithuania's involvement in the CIA programme if new information came to light, in view of new evidence provided by the Eurocontrol data showing that the plane N787WH, alleged to have transported Abu Zubaydah, did stop in Morocco on 18 February 2005 on its way to Romania and Lithuania; notes that analysis of the Eurocontrol data also reveals new information through flight plans connecting Romania to Lithuania, via a plane switch in Tirana, Albania on 5 October 2005, and Lithuania to Afghanistan, via Cairo, Egypt, on 26 March 2006; considers it essential that the scope of new investigations should cover, beyond abuse of power by state officials, possible unlawful detention and ill-treatment of persons on Lithuanian territory; encourages the Lithuanian Prosecutor- General's oOffice to substantiate with documentation the affirmations made during the LIBE delegation's visit to the effect that the ‘"categorical’" conclusions ofrom the judicial inquiry are that ‘"no detainees have been detained in the facilities of Projects No 1 and No 2 in Lithuania’";
Amendment 103 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on all Member States such as Finland, Denmark and Portugalto abide by the freedom of information requests and to disclose all the necessary information on all suspect planes associated with the CIA and their territory;
Amendment 111 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on Lithuania, Poland and Romania to respond to the letters sent on 21 October 2011 by the UN mandate holders in relation to the follow-up of the Joint Secret Detention Study prepared by the mandates of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Working group on Arbitrary Detention, and the Working Group on Enforced and Involuntary Disappearances;
Amendment 124 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to facilitate and support cooperation between investigating authorities and lawyers involved in accountability work in member states to ensure exchange of relevant data and expertise between legal practitioners; and promote the effective use of all available EU instruments and resources;
Amendment 134 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the European Ombudsman to investigate the failures of the Commission and the Council and the EU security agencies, notably Europol and Eurojust to respect fundamental rights and principles of good administration and loyal cooperation in their response to the TDIP recommendations;
Amendment 143 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Instructs its President to forward this resolution to the Council, the Commission and the national parliaments., the European Ombudsman, the governments and parliaments of the member states of the candidate Member States and the associated countries, and to the Council of Europe, NATO, the United Nations and the Government and two Houses of Congress of the United States, and to request them to keep Parliament informed of any development that may take place in the fields falling in the remit of the report;