The European Parliament adopted a resolution based on the own-initiative report drafted by Giovanni Claudio FAVA (PES, IT) on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners, adopted midway through the work of the Temporary Committee. The resolution was adopted by 389 votes in favour, 137 against with 55 abstentions. Parliament stated that the CIA was in some cases directly responsible for the "illegal seizure, removal, abduction and detention of terrorist suspects" in Europe.

On the information obtained to date by the temporary committee : Parliament endorsed the conclusions of the Secretary-General of the Council of Europe following the inquiry conducted under Article 52 of the ECHR. It regretted that the rules governing the activities of secret services seemed inadequate in several Member States. More effective controls must be set up, in particular as regards the activities of foreign secret services on their territory, and also at foreign military bases. Rules of cooperation should be established at EU level.

On the illegal seizures, removals, arrests, abductions, extraordinary renditions and secret detentions carried out by the CIA, other US agencies or services or other third-country security services : on the basis of evidence presented to the temporary committee, Parliament believed that, in some cases, the CIA or other US services had been directly responsible for the illegal seizure, removal, abduction and detention of terrorist suspects on the territory of Member States, accession and candidate countries and for the extraordinary rendition of, amongst others, European nationals or residents. These actions did not correspond to known international law concepts and were contrary to the fundamental principles of human rights law. Parliament condemned the practice of extraordinary renditions, which wais aimed at ensuring that suspects were not brought before a court but were transferred to third countries to be interrogated, where they could be tortured, and detained in facilities controlled by the USA or local authorities. It considered unacceptable the practices of certain governments consisting in limiting their responsibilities by asking for diplomatic assurances from countries in respect of which there was strong reason to believe they practiced torture, which view was also expressed in the conclusions of Manfred Nowak, UN Special Rapporteur on torture. Parliament felt, moreover, that the extraordinary rendition of persons to places where torture is endemic was a violation of the principle of 'non-refoulement', as laid down in Article 3 of the UN Convention Against Torture.

Diplomatic assurances, insofar as they request an exception to the norm, were a tacit acknowledgement of the existence of torture practices in third countries and therefore contradictory to the EU's responsibilities. Parliament stated that it was deeply concerned that all the work of the temporary committee so far seemed to indicate that European airspace and airports had been used by CIA front-companies in order to bypass the legal obligations for state aircraft as set out in the Chicago Convention. This enabled persons suspected of terrorism to be transferred illegally to the custody of the CIA or the US military or to other countries (including Egypt, Jordan, Syria and Afghanistan) which frequently use torture during interrogations, as is recognised by the US government itself.

It noted that the work of the temporary committee had so far not revealed any evidence or proof of the existence of secret prisons in the EU. However, in the following months, the work of the temporary committee will focus more closely on this subject.

Parliament welcomed the reaction of the US Congress, which implemented the McCain Amendment designed to ensure better protection for alleged terrorists from illegal treatment by state agencies.

On the possibility that Member States and accession and candidate countries have been involved or complicit in arrests, illegal seizures, removals, abductions, expulsions, extraordinary renditions and secret detentions : Parliament c onsidered it implausible that certain European governments were not aware of the activities linked to extraordinary rendition taking place on their territory. In particular, it felt that it was utterly implausible that many hundreds of flights through the airspace of several Member States, and a similar number of movements in and out of European airports could have taken place without the knowledge of either the security services or the intelligence services and without senior officials from those services at least giving thought to the link between those flights and the practice of extraordinary rendition. Such involvement or complicity was likely on the part of Italian authorities in the 2003 abduction of Egyptian cleric Abu Omar by CIA agents in Milan; on the part of Bosnian authorities in the abduction and transfer of six Bosnian nationals or residents of Algerian origin to Guantanamo Bay and on the part of Swedish authorities, who expelled Egyptian nationals Mohammed Al Zary and Ahmed Agiza, handing them over to CIA agents for transfer to Egypt. Parliament also condemned the 2003 abduction of German national Khaled El-Masri by the CIA and d eplored the reluctance of the FYROM authorities to confirm that El-Masri was in Skopje and was probably being held there before his rendition to Afghanistan by CIA agents. Measures allegedly taken by the FYROM government to investigate the matter, the Parliament pointed out, were inadequate.

Parliament reminded Member States that they had positive obligations as regards human rights, were required to take legislative measures to prevent human rights violations taking place on their territory and must also investigate alleged violations and punish those responsible. In the event of violations of the European Convention on Human Rights, they may be held liable for failure to comply with those positive obligations.

On the use of torture : Parliament s tressed that the prohibition of torture or cruel, inhuman and degrading treatment as defined in Article 1 of the United Nations Convention against Torture, is absolute and allows no exceptions whether in times of war or threat of war, domestic political instability or any other emergency. Member States and accession and candidate countries must comply with Article 3 of the UN Convention against Torture, in particular the principle of 'non-refoulement'. Parliament called also on the United States to review its interpretation of the principle of 'non-refoulement', as set out in Article 3 of the Convention.

On the use of European airspace and European airports by the CIA : Parliament deplored the fact that no Member State or accession or candidate country had adopted procedures aimed at verifying whether civilian aircraft were being used for purposes incompatible with internationally established human rights standards. It considered that European legislation on the single European sky, the use, control and management of national airspace, the use of Member State airports and European carriers to be totally inadequate. It was necessary to establish how airspace, civil and military airports, and NATO and US bases have actually been used by the US secret services, and to ascertain whether there is any evidence to confirm that secret prisons have been operating in some European countries, as has been alleged in several investigations by journalists and authoritative NGOs.

On the future work of the temporary committee : Parliament noted the need to continue the work of the temporary committee and ascertain whether there had been a violation of Article 6 TEU by one or more Member States. The temporary committee will continue its work for the remainder of its established twelve-month term, without prejudice to the Rules of Procedure on the possibility of extending the term. Parliament called on the Council and each of its members, and in particular its Presidency, to lend their support to the work of the temporary committee, in accordance with the principle of loyal cooperation as defined by the Treaties and the decisions of the Court of Justice of the European Communities. In addition, it called on Member States to take a stronger stance on the closing of the detention centre in Guantánamo Bay and to take a pro-active role in finding a solution for detainees against whom no legal proceedings will be brought and who cannot return to their country of origin because they have become stateless or face torture or other cruel, inhuman and degrading treatment.

The Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners adopted its interim report drawn up by Giovanni Claudio FAVA (PES, IT). The European Parliament decided on 18 January 2006 to set up this committee to find out whether the CIA or other US agents or intelligence services of other third countries carried out abductions, "extraordinary rendition", detention at secret sites, detention incommunicado or torture or other cruel, inhuman or degrading treatment of prisoners on the territory of the European Union, including accession and candidate countries, or used that territory to those ends, for example through flights.

The report made it clear that, on the basis of the information it had received to date, the committee believed that the CIA had organised extraordinary renditions, and it criticised European states for inactivity or complicity in the face of this phenomenon. It said that the CIA had been "directly responsible" on several occasions for the "illegal seizure, removal, abduction and detention of terrorist suspects on the territory of Member States, accession and candidate countries" and for the "extraordinary rendition of, amongst others, European nationals or residents". It pointed out that these actions constituted violations of fundamental rights under international law.

MEPs said that the CIA - using aircraft hired by front companies - had made use of such practices for the illegal transfer of terrorist suspects to countries which frequently use torture during interrogations. They called for extraordinary renditions to be "clearly prohibited" in international law, and reminded Member States that, under the case-law of the EU Court of Human Rights, countries have "positive obligations" to prevent human rights violations on their territory. They added that, in the event of violations of the European Convention on Human Rights, Member States "may be held liable" for failure to comply with those positive obligations.

The committee said that it was "implausible .......... that certain European governments were not aware of the activities linked to extraordinary rendition taking place on their territory". It argued that such involvement or complicity was likely on the part of the Italian authorities in the 2003 abduction of Egyptian cleric Abu Omar by CIA agents in Milan, and it also cited other cases. The report added that, in several EU countries, rules governing the activities of secret services seem "inadequate" and that intelligence cooperation between EU countries and their allies "should not be confused with the abandonment of sovereignty over European territory and airspace".

The committee noted the need to continue its work and "further examine the relevant events" for the remainder of its twelve-month term. During this period, it proposed to invite the Secretary-General of NATO to a hearing to clarify the possible involvement of SFOR and KFOR forces in the illegal arrest, handing over and detention of terrorist suspects. The committee called on the Member States to take a stronger stance on the closure of the detention centre in Guantánamo Bay and to "take a pro-active role" in finding a solution for the detainees. Finally, it stressed the need to "ascertain whether there is any evidence to confirm that secret prisons have been operating in some European countries".