2012/2033(INI) Alleged transportation and illegal detention of prisoners in European countries by the CIA: follow-up of the European Parliament TDIP Committee report
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
FLAUTRE Hélène ( Verts/ALE)
|
STRIFFLER Michèle ( PPE)
|
| Committee Opinion | AFET |
LUDFORD Baroness Sarah ( ALDE)
|
Ana GOMES ( S&D)
|
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
2012/10/11
EC - Commission response to text adopted in plenary
Documents
2012/09/11
EP - Results of vote in Parliament
Documents
2012/09/11
EP - Decision by Parliament
Details
The European Parliament adopted by 568 votes to 34, with 77 abstentions, a resolution on alleged transportation and illegal detention of prisoners in European countries by the CIA (follow-up of the European Parliament TDIP Committee report).
Parliament recalls that it has condemned the US-led CIA rendition and secret detention programme involving multiple human rights violations, including unlawful and arbitrary detention, torture and other ill-treatment, violations of the non-refoulement principle, and enforced disappearance.
It recalls that a Temporary Committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners was established and that it has documented the use of European airspace and territory by the CIA , and that Parliament has since repeated its demand for full investigations into the collaboration of national governments and agencies with the CIA programme.
It recalls, furthermore, that Parliament has repeatedly and strongly condemned illegal practices including ‘extraordinary rendition’, abduction, detention without trial, disappearance, secret prisons and torture, and has demanded full investigations into the alleged degree of involvement of some Member States in collaboration with US authorities, notably the CIA, including involvement on EU territory. It underlines that the purpose of this resolution is to follow up politically the proceedings of the Temporary Committee and to determine whether there is a clear risk of a serious breach of the principles and values on which the European Union is based.
Parliament recalls that counter-terrorism strategies can be effective only if they are conducted in strict compliance with human rights obligations, in particular the right to due process. It reiterates that respect for fundamental rights is an essential element in successful counter-terrorism policies. It believes that only genuine grounds of national security can justify secrecy but that in no circumstance does state secrecy take priority over inalienable fundamental rights. It also underlines that special procedures ought not to be applied to persons suspected of terrorism and that everyone must be able to benefit from all the guarantees included in the principle of a fair trial as laid down in Article 6 of the European Convention on Human Rights.
Against extraordinary rendition of prisoners: once again, Parliament condemns the practices of extraordinary rendition, secret prisons and torture and calls on the Member States to respond to the formal obligation incumbent upon them to investigate serious human rights violations connected with the CIA programme. It recalls in passing the commitment of Member States and of the EU to investigate European involvement in the CIA programme .
Accountability process in the Member States: Parliament highlights its concerns regarding the obstacles encountered by national parliamentary and judicial investigations into some Member States' involvement in the CIA programme. It urges those Member States which have not fulfilled their positive obligation to conduct independent and effective inquiries to investigate human rights violations, taking into account all the new evidence that has come to light, as well as to investigate whether there are secret prisons on their territory .
Romania, Poland and even Lithuania, all of which would appear to have been the theatre of operations of this type on their territory, undertook inquiries which concluded no evidence could be found to demonstrate it. They are called to persevere with their investigations so as to honour their commitment in view of the new evidence provided by Eurocontrol (flight plans) which has come to light. Other Member States, such as Finland, Denmark, Portugal, Italy, the United Kingdom, Germany, Spain, Ireland, Greece and Cyprus, are called upon to disclose all necessary information on all suspect planes associated with the CIA and their territory.
Member States are called upon, in the light of the increased cooperation and exchange of information between their secret intelligence and security agencies, to ensure the full democratic scrutiny of those agencies and their activities through appropriate internal, executive, judicial and independent parliamentary oversight.
Response of the EU institutions: once again, Parliament regards it as essential that the EU condemns all abusive practices in the fight against terrorism, including any such acts committed on its territory, so that it can not only live up to its values but also advocate them credibly in its external partnerships. It recalls that the Council has never formally apologised for having violated the principle enshrined in the Treaties of loyal cooperation between the Union institutions when it incorrectly attempted to persuade Parliament to provide deliberately shortened versions of the minutes of the meetings of COJUR (the Council Working Group on Public International Law) and COTRA (the Council Working Party on Transatlantic Relations) with senior North American officials…an apology is therefore awaited from the Council whereby it acknowledges, for once and for all, Member States' involvement in the CIA programme and the difficulties encountered by Member States in the context of inquiries.
The Council is invited to:
give its full support to the truth-finding and accountability processes in the Member States by formally addressing the issue at JHA meetings; hold hearings with relevant EU security agencies, in particular Europol, Eurojust and the EU Counter-terrorism Coordinator, to clarify their knowledge of Member States' involvement in the CIA programme and the EU's response; guarantee respect for human rights in intelligence-sharing, and a strict delimitation of roles between intelligence and law-enforcement activities ; exclude, as a basis for the extradition or deportation of persons deemed to threaten national security, reliance on unenforceable diplomatic assurances where there is a real risk of subjection to torture or ill-treatment or of a trial using evidence thus extracted.
The relevant authorities, for their part, are invited:
not to invoke state secrecy in relation to international intelligence cooperation in order to block accountability and redress; to ensure that a strict distinction is made between the activities of intelligence and security services, on the one hand, and law enforcement agencies, on the other.
Noting its initiatives in response to Parliament’s recommendations, Parliament calls on the Commission to:
facilitate and support human-rights-compliant mutual legal assistance and judicial cooperation between investigating authorities and cooperation between lawyers involved in accountability work in Member States; ensure that important information is exchanged; adopt within a year a framework, including reporting requirements for Member States , for monitoring and supporting national accountability processes, including guidelines on human-rights-compliant inquiries; in the light of the institutional deficiencies revealed in the context of the CIA programme, to adopt measures aimed at strengthening the EU's capacity to prevent and redress human rights violations at EU level and to provide for the strengthening of Parliament's role ; propose measures for permanent cooperation and exchange of information between the European Parliament and parliamentary committees for the oversight of intelligence and security services of the Member States in cases which indicate that joint actions by Member States' intelligence and security services have been undertaken on EU territory; put forward proposals for developing arrangements for democratic oversight of cross-border intelligence activities in the context of EU counter-terrorism policies.
Overflying of European airspace: Parliament stresses that the Temporary Committee which conducted the investigation underpinning Parliament's resolutions of 14 February 2007 and 19 February 2009 exposed the ways in which the procedures for authorisation and control of civilian aircraft overflying the Member States' airspace or landing in their territory were extremely flawed, thus not only lending themselves to being abused in the CIA's ‘extraordinary renditions’. It also recalls the Union's competence in the field of transport security and safety and Parliament's recommendation to the Commission that it regulate and monitor the management of EU airspace, airports and non-commercial aviation. It calls on the EU and its Member States, therefore, to delay no longer a thorough review of their implementation of the Convention on International Civil Aviation (the Chicago Convention) as regards authorisation and inspections of civilian aircraft overflying the Member States'.
Implications for the fight against terrorism and effects on the respect for human rights: Parliament reaffirms that the international fight against terrorism and bilateral or multilateral international cooperation in this area, including as part of NATO or between intelligence and security services, must be conducted only with full respect for human rights and fundamental freedoms and with appropriate democratic and judicial oversight. It urges that foreign special services’ interference in the affairs of sovereign EU Member States must not recur and that the fight against terrorism must be conducted with full respect for human rights, fundamental freedoms, democracy and the rule of law.
Recalling the importance of certain international texts, Members call on the Union to ensure that its Member States, associates and partners (in particular those covered by the Cotonou Agreement) which have agreed to host former Guantanamo detainees actually afford them full support as regards living conditions, efforts to facilitate their integration into society, medical treatment, etc.
Furthermore:
NATO and the US authorities are invited to conduct their own investigations, to cooperate closely with EU and Member State parliamentary or judicial inquiries on these issues; the US, given the cardinal role of the transatlantic partnership and of the United States’ leadership in this area, is called upon to investigate fully, and secure accountability for, any abuses it has practised, to ensure that relevant domestic and international law is applied fully ; President Obama is urged to honour the pledge he made in January 2009 to close the Guantanamo Bay detention facility, to allow any detainee who is not to be charged to return to his or her home country or to go to another safe country as quickly as possible.
Follow-up to the Temporary Committee: according to Parliament, any detainees who are not to be charged but cannot be repatriated owing to a real risk of torture or persecution in their home country to be given the opportunity of resettlement in the US under humanitarian protection and afforded redress. Once again, it calls on the US authorities to repeal the power of indefinite detention without charge or trial under the NDAA.
Lastly, Parliament indicates that it is determined to continue fulfilling the mandate given to it by the Temporary Committee to assess the extent to which the recommendations adopted by Parliament have been followed up. It requests the Council, the Commission, the European Ombudsman, the governments and parliaments of the Member States, of the candidate states and of the associated countries, the Council of Europe, NATO, the United Nations and the Government and two Houses of Congress of the United States to keep Parliament informed of any development that may take place in the fields falling within the remit of this resolution.
Documents
2012/09/11
EP - End of procedure in Parliament
2012/09/10
EP - Debate in Parliament
Documents
2012/08/02
EP - Committee report tabled for plenary
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted an initiative report by Hélène FLAUTRE (Greens/EFA, FR) on alleged transportation and illegal detention of prisoners in European countries by the CIA (follow-up of the European Parliament TDIP Committee report).
Members recall that Parliament has condemned the US-led CIA rendition and secret detention programme involving multiple human rights violations, including unlawful and arbitrary detention, torture and other ill-treatment, violations of the non-refoulement principle, and enforced disappearance.
They recall that a Temporary Committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners was established and that it has documented the use of European airspace and territory by the CIA , and that Parliament has since repeated its demand for full investigations into the collaboration of national governments and agencies with the CIA programme.
Members recall, furthermore, that Parliament has repeatedly and strongly condemned illegal practices including ‘extraordinary rendition’, abduction, detention without trial, disappearance, secret prisons and torture, and has demanded full investigations into the alleged degree of involvement of some Member States in collaboration with US authorities, notably the CIA, including involvement on EU territory. They underline that the purpose of this resolution is to follow up politically the proceedings of the Temporary Committee and to determine whether there is a clear risk of a serious breach of the principles and values on which the European Union is based.
Members recall that counter-terrorism strategies can be effective only if they are conducted in strict compliance with human rights obligations, in particular the right to due process. They reiterate that respect for fundamental rights is an essential element in successful counter-terrorism policies. They believe that only genuine grounds of national security can justify secrecy but that in no circumstance does state secrecy take priority over inalienable fundamental rights. They also underline that special procedures ought not to be applied to persons suspected of terrorism and that everyone must be able to benefit from all the guarantees included in the principle of a fair trial as laid down in Article 6 of the European Convention on Human Rights.
Once again, Members condemn the practices of extraordinary rendition, secret prisons and torture and call on the Member States to respond to the formal obligation incumbent upon them to investigate serious human rights violations connected with the CIA programme. They recall in passing the the commitment of Member States and of the EU to investigate European involvement in the CIA programme.
Accountability process in the Member States: Members highlight their concerns regarding the obstacles encountered by national parliamentary and judicial investigations into some Member States' involvement in the CIA programme. They urge those Member States which have not fulfilled their positive obligation to conduct independent and effective inquiries to investigate human rights violations, taking into account all the new evidence that has come to light, as well as to investigate whether there are secret prisons on their territory .
Romania , Poland and even Lithuania, all of which would appear to have been the theatre of operations of this type on their territory, undertook inquiries which concluded no evidence could be found to demonstrate it. They are called to persevere with their investigations so as to honour their commitment in view of the new evidence provided by Eurocontrol (flight plans) which has come to light. Other Member States such as Finland, Denmark, Portugal, Italy, the United Kingdom, Germany, Spain, Ireland, Greece and Cyprus to disclose all necessary information on all suspect planes associated with the CIA and their territory. Member States are called upon, in the light of the increased cooperation and exchange of information between their secret intelligence and security agencies, to ensure full democratic scrutiny of those agencies and their activities through appropriate internal, executive, judicial and independent parliamentary oversight.
Response of the EU institutions: once again, Members regard it as essential that the EU condemn all abusive practices in the fight against terrorism , including any such acts committed on its territory, so that it can not only live up to its values but also advocate them credibly in its external partnerships. They recall that the Council has never formally apologised for having violated the principle enshrined in the Treaties of loyal cooperation between the Union institutions when it incorrectly attempted to persuade Parliament to provide deliberately shortened versions of the minutes of the meetings of COJUR (the Council Working Group on Public International Law) and COTRA (the Council Working Party on Transatlantic Relations) with senior North American officials…an apology is therefore awaited from the Council whereby it acknowledges, for once and for all, Member States' involvement in the CIA programme and the difficulties encountered by Member States in the context of inquiries.
The Council is invited to:
give its full support to the truth-finding and accountability processes in the Member States by formally addressing the issue at JHA meetings; hold hearings with relevant EU security agencies, in particular Europol, Eurojust and the EU Counter-terrorism Coordinator, to clarify their knowledge of Member States' involvement in the CIA programme and the EU's response; guarantee respect for human rights in intelligence-sharing, and a strict delimitation of roles between intelligence and law-enforcement activities ; exclude, as a basis for the extradition or deportation of persons deemed to threaten national security, reliance on unenforceable diplomatic assurances where there is a real risk of subjection to torture or ill-treatment or of a trial using evidence thus extracted.
The relevant authorities , for their part, are invited:
not to invoke state secrecy in relation to international intelligence cooperation in order to block accountability and redress; to ensure that a strict distinction is made between the activities of intelligence and security services, on the one hand, and law enforcement agencies, on the other.
Noting its initiatives in response to Parliament’s recommendation, Members call on the Commission to:
facilitate and support human-rights-compliant mutual legal assistance and judicial cooperation between investigating authorities and cooperation between lawyers involved in accountability work in Member States; ensure that important information is exchanged; adopt within a year a framework, including reporting requirements for Member States , for monitoring and supporting national accountability processes, including guidelines on human-rights-compliant inquiries; in the light of the institutional deficiencies revealed in the context of the CIA programme, to adopt measures aimed at strengthening the EU's capacity to prevent and redress human rights violations at EU level and to provide for the strengthening of Parliament's role ; propose measures for permanent cooperation and exchange of information between the European Parliament and parliamentary committees for the oversight of intelligence and security services of the Member States in cases which indicate that joint actions by Member States' intelligence and security services have been undertaken on EU territory; put forward proposals for developing arrangements for democratic oversight of cross-border intelligence activities in the context of EU counter-terrorism policies.
Implications for the fight against terrorism and effects on the respect for human rights: Members reaffirm that the international fight against terrorism and bilateral or multilateral international cooperation in this area, including as part of NATO or between intelligence and security services, must be conducted only with full respect for human rights and fundamental freedoms and with appropriate democratic and judicial oversight. They urge that foreign special services ’ interference in the affairs of sovereign EU Member States must not recur in the future and that the fight against terrorism must be conducted with full respect for human rights, fundamental freedoms, democracy and the rule of law.
Recalling the importance of certain international texts, Members call on the Union to ensure that its Member States, associates and partners (in particular those covered by the Cotonou Agreement) which have agreed to host former Guantanamo detainees actually afford them full support as regards living conditions, efforts to facilitate their integration into society, medical treatment, etc.
Furthermore:
NATO and the US authorities are invited to conduct their own investigations, to cooperate closely with EU and Member State parliamentary or judicial inquiries on these issues; the US, given the cardinal role of the transatlantic partnership and of the United States ’ leadership in this area, is called upon to investigate fully, and secure accountability for, any abuses it has practised, to ensure that relevant domestic and international law is applied fully ; President Obama is urged to honour the pledge he made in January 2009 to close the Guantanamo Bay detention facility , to allow any detainee who is not to be charged to return to his or her home country or to go to another safe country as quickly as possible.
According to Members, any detainees who are not to be charged but cannot be repatriated owing to a real risk of torture or persecution in their home country to be given the opportunity of resettlement in the US under humanitarian protection and afforded redress. Once again, Members call on the US authorities to repeal the power of indefinite detention without charge or trial under the NDAA.
Lastly, Members indicate they are determined to continue fulfilling the mandate given to it by the Temporary Committee to assess the extent to which the recommendations adopted by Parliament have been followed up. They request the Council, the Commission, the European Ombudsman, the governments and parliaments of the Member States, of the candidate states and of the associated countries, the Council of Europe, NATO, the United Nations and the Government and two Houses of Congress of the United States to keep Parliament informed of any development that may take place in the fields falling within the remit of this report.
Documents
2012/07/10
EP - Vote in committee
2012/07/09
EP - Committee opinion
Documents
2012/05/30
EP - Amendments tabled in committee
Documents
2012/05/03
EP - Committee draft report
Documents
2012/03/15
EP - Committee referral announced in Parliament
2012/03/15
EP - Referral to associated committees announced in Parliament
2011/11/30
EP - LUDFORD Baroness Sarah (ALDE) appointed as rapporteur in AFET
2011/11/03
EP - FLAUTRE Hélène (Verts/ALE) appointed as rapporteur in LIBE
Documents
- Commission response to text adopted in plenary: SP(2012)665
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T7-0309/2012
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A7-0266/2012
- Committee opinion: PE487.735
- Amendments tabled in committee: PE489.622
- Committee draft report: PE487.816
- Committee draft report: PE487.816
- Amendments tabled in committee: PE489.622
- Committee opinion: PE487.735
- Commission response to text adopted in plenary: SP(2012)665
Activities
- Konrad SZYMAŃSKI
Plenary Speeches (3)
- 2016/11/22 Alleged transportation and illegal detention of prisoners in European countries by the CIA (debate)
- 2016/11/22 Alleged transportation and illegal detention of prisoners in European countries by the CIA (debate)
- 2016/11/22 Alleged transportation and illegal detention of prisoners in European countries by the CIA (debate)
- Hélène FLAUTRE
- Baroness Sarah LUDFORD
- Roberta ANGELILLI
Plenary Speeches (1)
- Elena BĂSESCU
Plenary Speeches (1)
- Frieda BREPOELS
Plenary Speeches (1)
- Andrew Henry William BRONS
Plenary Speeches (1)
- Ioan ENCIU
Plenary Speeches (1)
- Sajjad KARIM
Plenary Speeches (1)
- Timothy KIRKHOPE
Plenary Speeches (1)
- Andreas MÖLZER
Plenary Speeches (1)
- Paul MURPHY
Plenary Speeches (1)
- Georgios PAPASTAMKOS
Plenary Speeches (1)
- Jaroslav PAŠKA
Plenary Speeches (1)
- Michèle STRIFFLER
Plenary Speeches (1)
- Marie-Christine VERGIAT
Plenary Speeches (1)
- Inês Cristina ZUBER
Plenary Speeches (1)
Votes
A7-0266/2012 - Hélène Flautre - Vote unique #
2012/09/11 Outcome: +: 568, 0: 77, -: 34
GUE/NGL
NI
EFD
ECR| Amendments | Dossier |
| 220 |
2012/2033(INI)
2012/05/30
AFET
220 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas the European Union is founded on commitment to democracy, the rule of law
Amendment 1 #
Motion for a resolution Citation 1 Amendment 10 #
Draft opinion Recital D D. whereas EU-US relations are based on a strong partnership and cooperation in many fields, on the basis of common shared values of democracy, the rule of law and fundamental rights; whereas the EU and the United States have strengthened their engagement in the fight against terrorism since the terrorist attacks of 11 September 2001, notably with the Joint Declaration on Counter Terrorism of 3 June 2010
Amendment 10 #
Motion for a resolution Citation 28 Amendment 100 #
Motion for a resolution Paragraph 8 b (new) 8b. Notes that these inquiries were not able to demonstrate that detainees were secretly held in Lithuania;
Amendment 101 #
Motion for a resolution Paragraph 8 c (new) 8c. Stresses that the US administration has confirmed to the Lithuanian Government that it never violated Lithuanian sovereignty;
Amendment 102 #
Motion for a resolution Paragraph 10 10.
Amendment 103 #
Motion for a resolution Paragraph 10 10. Calls on all Member States
Amendment 104 #
Motion for a resolution Paragraph 10 10. Calls on Member States such as Finland, Denmark and Portugal to disclose all necessary information on all suspect planes associated with the CIA and their territory; regrets that the current Portuguese Government failed to respond to specific requests addressed to it, including those submitted by lawyers on behalf of victims of the renditions and the inherent torture;
Amendment 105 #
Motion for a resolution Paragraph 10 10. Calls on Member States such as Finland, Denmark
Amendment 106 #
Motion for a resolution Paragraph 10 10. Calls on all Member States
Amendment 107 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on Member States to ensure that there is cooperation and mutual legal assistance between the officials of Member States, particularly those responsible for investigating accountability processes associated with the CIA programme, especially to ensure that important data and information sources are exchanged; this mutual legal assistance and judicial cooperation must fully abide by international human rights law;
Amendment 108 #
Motion for a resolution Paragraph 10 a (new) 10a. Acknowledges that Member States investigations have to be based on solid judicial evidence and on the respect of national judicial systems and EU law, not just on media and public opinion speculation;
Amendment 109 #
Motion for a resolution Paragraph 10 a (new) 10a. Acknowledges that these measures have to be taken on the basis of solid judicial evidence, not just on media and public opinion speculation, and be based on the respect of Member States judicial systems and EU law;
Amendment 11 #
Draft opinion Recital D D. whereas EU-US relations
Amendment 11 #
Motion for a resolution Citation 31 Amendment 110 #
Motion for a resolution Paragraph 10 a (new) 10a. Urges Member States to revise any provisions or interpretations that are sympathetic to torture, such as Michael Wood’s legal opinion (referred to in the EP Resolution of 14 February 2007) that, in defiance of international jurisprudence, argues that it is legitimate to receive and use information obtained by torture as long as there is no direct responsibility for it (which motivates and justifies the outsourcing of torture);
Amendment 111 #
Motion for a resolution 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 112 #
Motion for a resolution Paragraph 11 Amendment 113 #
Motion for a resolution Paragraph 11 Amendment 114 #
Motion for a resolution Paragraph 11 11. Expects the Council to
Amendment 115 #
Motion for a resolution Paragraph 11 11. Expects the Council to finally issue a declaration acknowledging
Amendment 116 #
Motion for a resolution Paragraph 12 Amendment 117 #
Motion for a resolution Paragraph 12 12. Calls on the Council to give its
Amendment 118 #
Motion for a resolution Paragraph 12 12. Calls on the Council to give its full support to the truth-finding and accountability processes in the Member States, by
Amendment 119 #
Motion for a resolution Paragraph 13 13. Calls on the Council to hold hearings with relevant EU security agencies, in particular Europol, Eurojust and the EU Counter-Terrorism Coordinator,
Amendment 12 #
Draft opinion 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 12 #
Motion for a resolution Citation 31 – having regard to the
Amendment 120 #
Motion for a resolution Paragraph 13 a (new) 13a. Recalls that the Council has never formally apologised for having violated the principles enshrined in the treaties of loyal cooperation between the Union institutions when it incorrectly attempted to persuade the European Parliament to provide deliberately shortened versions of the minutes for the meetings of COJUR (Council Working Group on International Law) and COTRA (Transatlantic Relations Working Party) with senior North American officials;
Amendment 121 #
Motion for a resolution Paragraph 13 b (new) 13b. Calls on the Council to encourage Member States to share best practice with regard to Parliamentary and judicial supervision of the intelligence services, involving national Parliaments and the European Parliament in this effort;
Amendment 122 #
Motion for a resolution Paragraph 14 14. Calls on the Commission to investigate whether EU provisions, in particular those on asylum and judicial cooperation, as well as human rights and freedoms and the sovereignty of the European Union Member States have been breached by the collaboration with the CIA programme;
Amendment 123 #
Motion for a resolution Paragraph 15 15. Notes the Commission's initiatives in response to Parliament's recommendations; regrets, however, that they have not been part of a wider agenda and strategy to ensure accountability for human rights violations committed in the context of the CIA programme and necessary redress and compensation for victims;
Amendment 124 #
Motion for a resolution 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 125 #
Motion for a resolution Paragraph 16 Amendment 126 #
Motion for a resolution Paragraph 16 Amendment 127 #
Motion for a resolution Paragraph 16 16. Calls on the Commission to adopt
Amendment 128 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on the office of the High Representative to provide a full overview of cross border cooperation of intelligence agencies, and more specifically of SitCen, the Watch-Keeping Capability, the Crisis Room, the Council's Clearing House, and COSI;
Amendment 129 #
Motion for a resolution Paragraph 17 17. Calls on the Commission, in the light of the institutional deficiencies revealed in the context of the CIA programme, to adopt
Amendment 13 #
Draft opinion Recital D a (new) D a. whereas on 22 January 2009, President Obama signed three executive orders banning torture during interrogations, establishing an inter- agency task force to systematically review detention policies and procedures, and a review of all individual cases, and ordering the closure of Guantanamo;
Amendment 13 #
Motion for a resolution Citation 31 a (new) - having regard to the conclusions of the national inquiries already conducted in some Member States,
Amendment 130 #
Motion for a resolution Paragraph 17 17. Calls on the Commission, in the light of the institutional deficiencies revealed in the context of the CIA programme, to adopt
Amendment 131 #
Motion for a resolution Paragraph 17 17. Calls on the Commission, in the light of the institutional deficiencies revealed in the context of the CIA programme, to adopt within a year a communication reviewing the mechanism set out in Article 7 TEU; considers that this reform should be aimed at strengthening the EU’s capacity to prevent and redress human rights violations at EU level when Member States are unable to meet their obligations at national level
Amendment 132 #
Motion for a resolution Paragraph 17 17. Calls on the Commission, in the light of the institutional deficiencies revealed in the context of the CIA programme, to adopt within a year a communication reviewing the mechanism set out in Article 7 TEU; considers that this reform should be aimed at strengthening the EU's capacity to prevent and redress human rights violations at EU level when Member States are unable to meet their obligations at national level, and should provide for the strengthening of Parliament's role and a greater degree of independence as regards the conditions for its activation; calls on the EU to ensure that EU Member States, associates and partners, namely under the Cotonou Agreement, which have accepted to host former Guantánamo detainees, actually afford them full support in living conditions and in facilitating their integration in society, medical treatment including psychological recovery, access to identification and travel documents, the exercise of the right to family reunification and all other fundamental rights recognized for people with political asylum status;
Amendment 133 #
Motion for a resolution Paragraph 17 a (new) 17a. Stresses that the EP Temporary Committee conducting the investigation which underpinned its resolutions of 14 February 2007 and 19 February 2009, exposed how the procedures of authorization and control of civilian aircraft overflying airspace or landing in their territory were seriously flawed, thus not only lending themselves to be abused in the CIA "extraordinary renditions" but also to be easily evaded by any operators of organized crime, including terrorist networks; also recalls Community competence in the field of transport security and safety and the European Parliament's recommendation to the Commission to regulate and monitor the management of EU airspace, airports and non commercial aviation; thus, calls on the EU and its Member States no longer to delay a thorough review of their implementation of the Convention on International Civil Aviation (the Chicago Convention) as regards authorization and inspections of civilian aircraft overflying airspace or landing in their territory, in order to ensure that security is enhanced and checks are systematically exercised, requiring anticipated identification of passengers and crews, and ensuring that any flights classified as "state flights" (which are excluded from the scope of the Convention) get prior and proper authorization; recalls also the European Parliament's recommendation that the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft be effectively enforced by Member States;
Amendment 134 #
Motion for a resolution 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 135 #
Motion for a resolution Paragraph 17 a (new) 17a. Urges that foreign special services’ interference in the affairs of sovereign European Union Member States would not recur in the future and that the fight against terrorism is conducted in full respect for human rights, fundamental freedoms, democracy and the rule of law;
Amendment 136 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Commission to consider proposing measures for permanent cooperation and exchange of information between the European Parliament and Parliamentary Committees for the Oversight of Intelligence and Security Services of the European Union Member States in cases which indicate that joint actions by Member States' intelligence and security services have been undertaken on the territory of the European Union;
Amendment 137 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Commission to put forward proposals for developing arrangements for democratic oversight of cross-border intelligence activities in the context of EU counter terrorism policies; intends to make full use of its own parliamentary powers for scrutinising counter-terrorism policies, in line with the recommendations drawn up by the European Parliament's study department (PE 453.207);
Amendment 138 #
Motion for a resolution Paragraph 18 18. Undertakes to devote its next Joint Parliamentary Meeting with national parliaments to reviewing the role of parliaments in ensuring accountability for human rights violations in the context of the CIA programme, and to promoting stronger cooperation and regular exchange between national oversight bodies in charge of scrutinising intelligence services, in the presence of the relevant national authorities, EU institutions and agencies and in full respect of the national and EU law;
Amendment 139 #
Motion for a resolution Paragraph 18 18. Undertakes to devote its next Joint Parliamentary Meeting with national parliaments to reviewing the role of parliaments in ensuring accountability for human rights violations in the context of the CIA programme, and to promoting stronger cooperation and regular exchange between national oversight bodies in charge of scrutinising intelligence services, in the presence of the relevant national authorities, EU institutions and agencies, and in full respect of the national and EU law;
Amendment 14 #
Draft opinion Recital D b (new) D b. whereas, however, Guantanamo has yet to be closed due to strong opposition from the US Congress; whereas in order to hasten the closure the US has called on EU Member States to host Guantanamo detainees; whereas the UN High Commissioner for Human Rights expressed deep disappointment at the failure to close Guantanamo and at the entrenchment of a system of arbitrary detention;
Amendment 14 #
Motion for a resolution Citation 31 a (new) - having regard to the national parliamentary enquiry that never materialized in Portugal, voted down by the political parties which successively ruled in the years of operation of the extraordinary renditions and secret detention programme and also the Portuguese judicial enquiry which was suddenly closed in 2009, after two years of investigations uncovering incriminating elements on the collaboration of Portuguese authorities with the extraordinary renditions programme, involving the CIA and US military operators,
Amendment 140 #
Motion for a resolution Paragraph 19 19. Is determined to continue fulfilling the mandate given to it by the Temporary Committee,
Amendment 141 #
Motion for a resolution Paragraph 19 19. Is determined to continue fulfilling the mandate given to it by the Temporary Committee,
Amendment 142 #
Motion for a resolution Paragraph 19 19. Is determined to continue fulfilling the mandate given to it by the Temporary Committee, pursuant to Articles 2, 6 and 7 TEU; instructs its Committee on Civil Liberties, Justice and Home Affairs, together with the Subcommittee on Human Rights, to address Parliament in plenary on the matter a year after the adoption of this resolution; considers it essential to now assess the extent to which the recommendations adopted by the European Parliament have been followed and to analyse why they have not been followed when this is the case;
Amendment 143 #
Motion for a resolution Paragraph 20 20. Instructs its President to forward this resolution to the Council, the Commission
Amendment 15 #
Draft opinion Recital D c (new) D c. whereas Guantanamo detainees are still subjected to military tribunals, notably following the US President's decision of 7 March 2011 to sign the executive order which lifted a two-year freeze on new military trials and the 7 January 2012 law barring transfers of Guantanamo detainees to US for trial, and the NDAA (National Defence Authorisation Act) which codified indefinite military detention without charge or trial into law;
Amendment 15 #
Motion for a resolution Citation 31 a (new) - having regard to the numerous media reports and acts of investigative journalism, in particular, but not exhaustively, ABC News 20051 and 20092 reports, Washington Post's 20053 reports, without which the acts of rendition and detention would have remained truly secret,
Amendment 16 #
Draft opinion Recital D d (new) D d. whereas the European Parliament has repeatedly called for the fight against terrorism to fully respect human dignity, human rights and fundamental freedoms, including in international cooperation in the field, on the basis of the European Convention of Human Rights, the EU Charter of Fundamental Rights and national constitutions and fundamental rights laws, and repeated this call most recently in its report on EU counter- terrorism policy where it also said that respect for human rights is a precondition for ensuring the policy's effectiveness;
Amendment 16 #
Motion for a resolution Citation 31 b (new) Amendment 17 #
Draft opinion Recital D e (new) D e. whereas although the EU has demonstrated its commitment to avoiding collusion in torture through Council Regulation (EC) No 1236/2005, most recently amended in December 2011, which prohibits any export or import of goods that have no practical use other than for the purpose of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment, more work still needs to be done to ensure comprehensive coverage;
Amendment 17 #
Motion for a resolution 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 #
Draft opinion Recital D f (new) Amendment 18 #
Motion for a resolution 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 #
Draft opinion Recital E E. whereas the European Parliament has repeatedly and strongly condemned the
Amendment 19 #
Motion for a resolution 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 2 #
Draft opinion Recital A A. whereas the European Union is founded on commitment to the rule of law and human rights, not only in its internal policies, but also in its external
Amendment 2 #
Motion for a resolution Citation 1 – having regard to the
Amendment 20 #
Draft opinion Paragraph Ε Amendment 20 #
Motion for a resolution Citation 34 a (new) - having regard to the conclusions of the national inquiries already conducted in some Member States,
Amendment 21 #
Draft opinion Recital E E. whereas the European Parliament has repeatedly and strongly condemned the alleged illegal practices that came to be known collectively as ‘extraordinary rendition’, including kidnapping, abduction, detention without trial (such as in Guantanamo), disappearance, secret prisons and torture, and has demanded full investigations into the apparent active or passive involvement of some Member States in collaboration with United States authorities, notably the CIA, and involving EU territory;
Amendment 21 #
Motion for a resolution Recital A A. whereas Parliament has condemned the US-led CIA rendition and secret detention programme involving
Amendment 22 #
Draft opinion Recital F Amendment 22 #
Motion for a resolution Recital A A. whereas Parliament has condemned the US-led CIA rendition and secret detention programme involving
Amendment 23 #
Draft opinion Paragraph 1 1. Recalls that counter-terrorism strategies can only be
Amendment 23 #
Motion for a resolution Recital B α (new) Ba. whereas abuses of State secrecy and national security constitute serious obstacles to democratic scrutiny, particularly in cases where the issue of respect for human rights is at stake;
Amendment 24 #
Draft opinion Paragraph 1 1. Recalls that counter-terrorism strategies can only be fully effective if they are conducted in compliance with
Amendment 24 #
Motion for a resolution Recital B B. whereas the purpose of this resolution is to ‘follow up politically the proceedings of the Temporary Committee and to monitor the developments, and in particular, in the event that no appropriate action has been taken by the Council and/or the Commission, to determine whether there is a clear risk, at the moment, of a serious breach of the principles and values on which the European Union is based
Amendment 25 #
Draft opinion Paragraph 1 1. Recalls that counter-terrorism strategies
Amendment 25 #
Motion for a resolution Recital B B. whereas the purpose of this resolution is to ‘follow up politically the proceedings of the Temporary Committee and to monitor the developments, and in particular, in the event that no appropriate action has been taken by the Council and/or the Commission, to determine whether there is a clear risk, at the moment, of a serious breach of the principles and values on which the European Union is based
Amendment 26 #
Draft opinion 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 26 #
Motion for a resolution Recital C C. whereas a proper accountability process
Amendment 27 #
Draft opinion 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, non- refoulement, presumption of innocence, fair trial, legal counsel and equal protection under the law;
Amendment 27 #
Motion for a resolution Recital C C. whereas a proper accountability process
Amendment 28 #
Draft opinion Paragraph 2 2. Reiterates its condemnation of the practices of extraordinary rendition, secret prisons and torture, which are prohibited under domestic and international law stipulating respect for human rights
Amendment 28 #
Motion for a resolution Recital D D. whereas the Council admitted on 15 September 2006 that
Amendment 29 #
Draft opinion Paragraph 3 Amendment 29 #
Motion for a resolution Recital D D. whereas the Council admitted on 15 September 2006 that ‘the existence of secret detention facilities where detained persons are kept in a legal vacuum is not in conformity with international humanitarian law and international criminal law’, but given the lack of solid judicial evidence has so far failed to recognise and condemn the involvement of Member States in the CIA programme, even though the use of European airspace and territory by the CIA has been acknowledged by political and judicial authorities of some Member States;
Amendment 3 #
Draft opinion 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, and the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which not only mandate
Amendment 3 #
Motion for a resolution 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 30 #
Draft opinion Paragraph 3 3. Regards it as essential that the EU ensures accountability for any abusive practices in the fight against terrorism, not only so that the EU can live up to its values but also so that it can establish an international lead in this matter; regrets that, to date, neither the EU nor its Member States have conducted conclusive investigations, nor clarified the responsibility of European authorities involved in illegal CIA flight operations, extraordinary renditions, secret prisons and torture;
Amendment 30 #
Motion for a resolution Recital D a (new) Da. whereas no Member State has so far fully fulfilled its obligations in line with protecting, preserving, respecting and preventing the breach of international human rights;
Amendment 31 #
Draft opinion Paragraph 3 3. Regards it as essential that the EU
Amendment 31 #
Motion for a resolution Recital E E. whereas
Amendment 32 #
Draft opinion Paragraph 3 3. Regards it as essential that the EU ensures accountability if
Amendment 32 #
Motion for a resolution Recital E E. whereas
Amendment 33 #
Draft opinion 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 33 #
Motion for a resolution Recital F F. whereas research by the UN, the Council of Europe and civil society has brought to light
Amendment 34 #
Draft opinion 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 34 #
Motion for a resolution Recital F F. whereas research by the UN, the Council of Europe and civil society has brought to light
Amendment 35 #
Draft opinion 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
Amendment 35 #
Motion for a resolution Recital F F. whereas research by the UN, the Council of Europe, national and international media, investigative journalist and civil society has brought to light new concrete information on the
Amendment 36 #
Draft opinion Paragraph 4 4. Reiterates its call, required by international law and notably Article 12 of the CAT, for all states faced with credible
Amendment 36 #
Motion for a resolution Recital F a (new) Fa. whereas the report by the 2007 EP Temporary Committee regarding Portugal identified 91 stopovers in Portuguese airports of suspect CIA flights, at least three of which originated from or destined for Guantánamo, it also referred to a list of other 94 mostly military flights, heading to and coming from Guantanamo, since 11 January 2002 and up to 24 June 2006, authorized by Portugal to overfly or land in national airports; whereas this list was denied to the EP and to the national parliament by the then Portuguese Government, but when later confronted with it, the Portuguese Foreign Minister argued they were NATO flights (that was contradicted by the NATO SG in writing) or "Enduring Freedom" Operation flights, to justify that no controls on cargo were made by Portuguese authorities; whereas a substantial number of elements indicate that many of these flights moved prisoners around, in between Bagram, secret prisons and Guantánamo;
Amendment 37 #
Draft opinion Paragraph 4 4. Reiterates its call, required by international law and notably Article 12 of the CAT, for
Amendment 37 #
Motion for a resolution Recital F a (new) Fa. whereas national inquiries and international research prove that members of the North Atlantic Treaty Organization (NATO) agreed to commit themselves to measures in the campaign against terrorism which enabled secret airline traffic and use of EU Member States' territory in the CIA-led programme of rendition, indicating collective knowledge of the programme by Member States who are also members of NATO;
Amendment 38 #
Draft opinion Paragraph 5 5.
Amendment 38 #
Motion for a resolution 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;
Amendment 39 #
Draft opinion Paragraph 5 5. Urges NATO and the United States authorities to consider conducting their own investigations, co
Amendment 39 #
Motion for a resolution 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
Amendment 4 #
Draft opinion Recital Β Amendment 4 #
Motion for a resolution Citation 14 Amendment 40 #
Draft opinion Paragraph 5 5. Urges NATO and United States authorities to conduct their own investigations, collaborate fully with EU and Member State parliamentary or judicial inquiries on these issues1, including by responding promptly to Mutual Legal Assistance requests, disclose information on extraordinary rendition programmes and clarify that all NATO agreements and NATO-EU and other transatlantic arrangements comply with fundamental rights; ______________ 1 See inter alia European Parliament resolution of 9 June 2011 on Guantánamo: imminent death penalty decision (P7_TA(2011)0271).
Amendment 40 #
Motion for a resolution Recital G G. whereas the 2011 Council of Europe
Amendment 41 #
Draft opinion Paragraph 5 5. Urges NATO and United States authorities to conduct their own
Amendment 41 #
Motion for a resolution Recital G G. whereas the 2011 Council of Europe report states that the data obtained from the Polish agencies in 2009 and 2010
Amendment 42 #
Draft opinion Paragraph 5 5.
Amendment 42 #
Motion for a resolution 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 possible ‘black site’ was
Amendment 43 #
Draft opinion Paragraph 5 5. Urges NATO and United States authorities to conduct their own investigations, collaborate fully with EU and Member State parliamentary or judicial inquiries on these issues1
Amendment 43 #
Motion for a resolution Recital G G. whereas the 2011 Council of Europe
Amendment 44 #
Draft opinion Paragraph 5 a (new) 5a. Reiterates its call for the closure of all NATO and US military bases on European Union territory;
Amendment 44 #
Motion for a resolution Recital G G. whereas the 2011 Council of Europe report states that the data obtained from the Polish agencies in 2009 and 2010
Amendment 45 #
Draft opinion 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 45 #
Motion for a resolution 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, which still does not constitute proof of secret prisons existing in Poland; whereas a ‘black site’ was identified in Romania by journalists on the basis of information provided by former CIA employees in the Romanian national registry office for classified information
Amendment 46 #
Draft opinion Paragraph 6 Amendment 46 #
Motion for a resolution Recital H H. whereas the Lithuanian authorities have endeavoured to shed light on
Amendment 47 #
Draft opinion Paragraph 6 6. Calls on the relevant authorities to end the habit of routinely invoking state secrecy in relation to international intelligence cooperation to block accountability and redress, and insists that only genuine national security reasons can justify secrecy, which is in any case overridden by non-derogable fundamental rights obligations such as the absolute prohibition on torture; calls in this respect to equally avoid the use of diplomatic assurances as their application has shown to undermine the relevant states' duties to actively seek to prevent any actions that could in any way facilitate torture or ill- treatment;
Amendment 47 #
Motion for a resolution Recital I I. whereas research and court findings on the logistics involved in covering up these alleged illegal operations, including dummy flight plans and the use of private aviation companies to conduct CIA renditions, have
Amendment 48 #
Draft opinion Paragraph 6 6. Calls on the relevant authorities to
Amendment 48 #
Motion for a resolution Recital I I. whereas research and court findings on the logistics involved in covering up these alleged illegal operations, including dummy flight plans and the use of private aviation companies to conduct CIA renditions, have
Amendment 49 #
Draft opinion Paragraph 6 6. Calls on the relevant authorities to end the habit of routinely invoking state secrecy in relation to international intelligence cooperation to block accountability and redress, and insists that only genuine national security reasons can justify secrecy, which is in any case overridden by non-derogable fundamental rights obligations such as the absolute prohibition on torture, including arbitrary, indefinite detention;
Amendment 49 #
Motion for a resolution 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, ha
Amendment 5 #
Draft opinion 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
Amendment 5 #
Motion for a resolution 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 50 #
Draft opinion Paragraph 6 6. Calls on the relevant authorities to
Amendment 50 #
Motion for a resolution Recital I I. whereas research and court findings on the logistics involved in covering up these illegal operations, including dummy flight plans and State classified flights in civil and military aircraft and the use of private aviation companies to conduct CIA renditions, have further revealed the systematic nature and the extent of the European involvement in the CIA programme;
Amendment 51 #
Draft opinion Paragraph 7 Amendment 51 #
Motion for a resolution Recital J J. whereas the EU has developed internal security and counter-terrorism policies based on police and judicial cooperation and the promotion of intelligence sharing; whereas these policies should be grounded in respect for fundamental rights and the rule of law and effective democratic parliamentary overseeing of intelligence services; contradicting that, a Member State such as Portugal refused to allow access by the EP Temporary Committee enquiring into the extraordinary renditions programme to the Portuguese top intelligence officers, while several scandals over the years demonstrate that Portuguese parliamentary overseeing of Secret Services is dangerously inadequate;
Amendment 52 #
Draft opinion Paragraph 7 7. Calls on the EU to ensure that its own international obligations are fully observed and that
Amendment 52 #
Motion for a resolution 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 #
Draft opinion Paragraph 7 7. Calls on the EU to ensure that its own international obligations are fully observed and that EU policies and foreign policy instruments, such as the torture guidelines and human rights dialogues, are fully implemented, so that it is in a stronger position to call for the rigorous implementation of human rights clauses in a
Amendment 53 #
Motion for a resolution 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) Amendment 54 #
Motion for a resolution Paragraph 1 a (new) 1a. Reiterates that effective counter- terrorism measures and respect for human rights are not contradictory but are complementary and mutually reinforcing aims; points out that respect for fundamental rights is an essential element in successful counter-terrorism policies;
Amendment 55 #
Draft opinion 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 55 #
Motion for a resolution Paragraph 1 Amendment 56 #
Draft opinion 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 56 #
Motion for a resolution Paragraph 1 1. Considers that some Member States
Amendment 57 #
Draft opinion Paragraph 8 8. Reaffirms that the international fight against terrorism and bilateral or multilateral international cooperation, including in the framework of NATO or between intelligence and security services, must only be carried out with full respect for
Amendment 57 #
Motion for a resolution Paragraph 1 1. Considers that Member States have
Amendment 58 #
Draft opinion Paragraph 8 8. Reaffirms that the so-called international fight against terrorism and bilateral or multilateral international cooperation, including in the framework of NATO or between intelligence and security services, must only be carried out with full respect for human rights and fundamental freedoms and with appropriate democratic and judicial oversight and regrets that, to date, this has not been the case; calls on EU Member States, the Commission, the European External Action Service (EEAS) and the Council to ensure that these principles are applied in their foreign relations, and insists that they should make a thorough assessment of their counterparts’ records on human rights before entering into any agreement, as well as of currently existing agreements, and review these where their counterparts fail to observe compliance with human rights, notably on intelligence cooperation and information-sharing;
Amendment 58 #
Motion for a resolution Paragraph 1 1. Considers that Member States have so far
Amendment 59 #
Draft opinion Paragraph 8 8. Reaffirms that the international fight against terrorism and bilateral or multilateral international cooperation, including in the framework of NATO or between intelligence and security services, must only be carried out with full respect for human rights and fundamental freedoms and with appropriate democratic and judicial oversight; calls on EU Member States, the Commission, the European External Action Service (EEAS) and the Council to ensure that these principles are applied in their foreign relations, and insists that they should make a thorough assessment of their counterparts‘ records on human rights before entering into any agreement, notably on intelligence cooperation and information-sharing, and inform the European parliament on the conclusions of such assessments;
Amendment 59 #
Motion for a resolution Paragraph 1 1. Considers that Member States have
Amendment 6 #
Draft opinion 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 6 #
Motion for a resolution Citation 22 – having regard to the letter of 29 November 2005 from the EU Presidency to US Secretary of State Condoleezza Rice, requesting any ‘clarification the US can give about these reports [alleged detention or transportation of terrorists suspects in or through some EU Member States] in the hope that this will allay parliamentary and public concerns’,
Amendment 60 #
Draft opinion Paragraph 8 8. Reaffirms that the international fight against terrorism and bilateral or multilateral international cooperation in this area, including in the framework of NATO or between intelligence and security services, must only be carried out with full respect for human rights and fundamental freedoms and with appropriate democratic and judicial oversight; calls on EU
Amendment 60 #
Motion for a resolution Paragraph 1 1. Considers that Member States have so far not properly fulfilled their positive obligation under international law to investigate serious human rights violations connected with the CIA programme and, on this point, regrets the delays in shedding full light on this case in order to afford full redress to victims as quickly as possible;
Amendment 61 #
Draft opinion Paragraph 8 a (new) 8 a. Urges the relevant authorities to ensure that a strict distinction is made between the activities of intelligence and security services on the one hand and law enforcement agencies on the other hand, so as to ensure that the general principle of "nemo iudex in sua causa" is upheld;
Amendment 61 #
Motion for a resolution Paragraph 1 1. Considers that Member States have so far not properly fulfilled their positive obligation under international law to investigate serious human rights violations connected with the CIA programme and
Amendment 62 #
Draft opinion Paragraph 8 a (new) 8 a. Stresses that the EP Temporary Committee conducting the investigation which underpinned its resolutions of 14 February 2007 and 19 February 2009 exposed how the procedures of authorisation and control of civilian aircraft overflying airspace or landing in their territory were extremely flawed, thus not only lending themselves to being abused in the CIA's "extraordinary renditions", but also to being easily evaded by any operators of organized crime, including terrorist networks; also recalls the Community competence in the field of transport security and safety and the EP's recommendation to the Commission to regulate and monitor the management of EU airspace, airports and non-commercial aviation; thus calls on the EU and its Member States to no longer delay a thorough review of their implementation of the Convention on International Civil Aviation (the Chicago Convention) in what concerns authorisation and inspections of civilian aircraft overflying airspace or landing in their territory, in order to ensure that security is enhanced and checks are systematically exercised, requiring anticipated identification of passengers and crews, and ensuring that any flights classified as "state flights" (which are excluded from the scope of the Convention) get prior and proper authorisation; recalls also the EP's recommendation that the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft be effectively enforced by Member States;
Amendment 62 #
Motion for a resolution Paragraph 1 1. Considers that some Member States have so far not properly fulfilled their positive obligation under international law to investigate
Amendment 63 #
Draft opinion 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 63 #
Motion for a resolution Paragraph 1 1. Considers that all Member States have so far not properly fulfilled their positive obligation under international law to investigate serious human rights violations connected with the CIA programme and to afford full redress to victims;
Amendment 64 #
Draft opinion Paragraph 9 9. Calls on the United States, given the
Amendment 64 #
Motion for a resolution Paragraph 2 2. Believes that the failure of some Member States to
Amendment 65 #
Draft opinion Paragraph 9 9. Calls on the United States, given the cardinal role of the transatlantic partnership and the United States’ leadership in this area, to
Amendment 65 #
Motion for a resolution Paragraph 2 2. Believes that the
Amendment 66 #
Draft opinion Paragraph 9 9. Calls on the United States, given the cardinal role of the transatlantic partnership and the United States’ leadership in this area, and also on EU Member States, to fully investigate and secure accountability for any abuses that it has practi
Amendment 66 #
Motion for a resolution Paragraph 2 2. Believes that the
Amendment 67 #
Draft opinion Paragraph 9 9. Calls on the United States, given the cardinal role of the transatlantic partnership and the United States‘ leadership in this area, to fully investigate and secure accountability for any abuses that it has practiced,
Amendment 67 #
Motion for a resolution Paragraph 2 a (new) 2a. Believes that transparency on the part of Member States and European institutions is a prerequisite in ensuring that public action to combat terrorism and cross-border crime, while respecting fundamental rights and human dignity, is fully legitimate and credible;
Amendment 68 #
Draft opinion Paragraph 10 Amendment 68 #
Motion for a resolution Paragraph 3 3. Reiterates that the
Amendment 69 #
Draft opinion Paragraph 10 10. Calls on President Obama to honour his pledge made in January 2009 to close Guantanamo, to allow any detainee who is not to be charged to return to his home country or another safe country as quickly as possible, and to try Guantanamo detainees against whom sufficient admissible evidence exists without delay in a fair and public hearing by an independent, impartial tribunal and, if convicted, to be imprisoned in the United States; calls, similarly, for an investigation into human rights violations in Guantanamo and clarification of responsibilities;
Amendment 69 #
Motion for a resolution Paragraph 3 3. Reiterates that the
Amendment 7 #
Draft opinion Recital C a (new) C a. whereas the UN joint study on global practices in relation to secret detention in the context of countering terrorism prepared by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances (A/HRC/13/42) detailed the use of secret detention sites on EU Member States' territory as part of the CIA programme, and follow-up letters were sent to Member States requesting additional information as detailed in the Communications Reports of the Special Procedures, including that of 23 February 2012 (A/HRC/19/44);
Amendment 7 #
Motion for a resolution Citation 25 Amendment 70 #
Draft opinion Paragraph 10 10. Calls on President Obama to honour his pledge made in January 2009 to close Guantanamo, to allow any detainee who is not to be charged to return to his home country or another safe country as quickly
Amendment 70 #
Motion for a resolution Paragraph 3 3. Reiterates that the
Amendment 71 #
Draft opinion Paragraph 10 a (new) 10 a. Calls on the US authorities to repeal the power of indefinite detention without charge or trial under the NDAA and to rule out the imposition of the death penalty on Abd -Rahim al-Nashiri or any other persons;
Amendment 71 #
Motion for a resolution Paragraph 3 3. Reiterates that the failure of some Member States and the EU to reveal the truth about European involvement in the CIA programme contravenes the principle of sincere and loyal cooperation enshrined in Article 4(3) of the TEU;
Amendment 72 #
Draft opinion Paragraph 10 b (new) 10 b. Calls on the FYROM authorities to clarify responsibility and ensure accountability for the extraordinary rendition and alleged torture, apparently through mistaken identity, of Khaled el- Masri whose case is being heard at the ECHR; deplores the decision of the US authorities not to act on the arrest warrants issued by Germany, and calls the US government to disclose the truth, fully collaborate in enquiries, and lift privilege invoked on the basis of state secrets;
Amendment 72 #
Motion for a resolution Paragraph 3 a (new) 3a. Reiterates the call for the United States to close Guantánamo, where innocent and presumably guilty people have been, and continue to be, detained, without access to justice and subject, in some cases, to ill-treatment;
Amendment 73 #
Draft opinion Paragraph 10 c (new) 10 c. Reiterates its call to the Council to rule out reliance on mere diplomatic assurances from third countries as a basis for extradition or deportation, where there are substantial grounds for believing that individuals would be in danger of being subjected to torture or ill-treatment or would be tried using evidence extracted through torture;
Amendment 73 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses the need to provide guarantees in order to avoid, in the future, any infringement of fundamental rights when anti-terrorism policies are implemented;
Amendment 74 #
Draft opinion Paragraph 10 d (new) 10 d. Calls on all EU Member States to sign and ratify the UN Convention for the Protection of All Persons from Enforced Disappearances;
Amendment 74 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on Member States, in the light of the increased cooperation and exchange of information between their secret intelligence and security agencies, to ensure full democratic scrutiny of those agencies and their activities through appropriate internal, executive, judicial and independent parliamentary oversight, preferably through specialised parliamentary committees with extensive remit and powers including to require information, and with sufficient investigative and research resources to be able to examine not only issues such as policy, administration and finances but also the operative work of the agencies;
Amendment 75 #
Draft opinion Paragraph 10 e (new) 10 e. Pays tribute to the work of UN officials including and notably the 2010 joint study by the UN Special Procedures on global practices in relation to secret detentions1 and urges Member States to fully cooperate with them in the context of countering terrorism, and to respond as a matter of urgency to the outstanding requests for information transmitted to them in the follow-up to the joint study, including by communicating measures taken to address the allegations and to implement the related recommendations;
Amendment 75 #
Motion for a resolution Paragraph 3 b (new) 3b. Stresses that special procedures ought not to be applied to persons suspected of terrorism; points out that everyone must be able to benefit from all the guarantees included in the principle of a fair trial as laid down by Article 6 of the European Convention on Human Rights;
Amendment 76 #
Draft opinion Paragraph 11 Amendment 76 #
Motion for a resolution Paragraph 3 c (new) 3c. Highlights the extremely sensitive nature of anti-terrorism policies in so far as State security is at stake; considers, however, that definitions of classified information and State secrecy should not be overly broad; believes that only genuine national security grounds can justify secrecy, which under no circumstances takes priority over inalienable fundamental rights;
Amendment 77 #
Draft opinion Paragraph 11 a (new) 11 a. Calls on the EU to ensure that EU Member States, associates and partners, namely under the Cotonou Agreement, which have accepted to host former Guantanamo detainees, actually afford them full support in living conditions and in facilitating their integration in society, medical treatment including psychological recovery, access to identification and travel documents, the exercise of the right to family reunification and all other fundamental rights attributed to people with political asylum status;
Amendment 77 #
Motion for a resolution Paragraph 4 4. Expresses concerns regarding the obstacles encountered by national parliamentary and judicial investigations into Member States
Amendment 78 #
Motion for a resolution Paragraph 4 4. Expresses concerns regarding
Amendment 79 #
Motion for a resolution Paragraph 4 4. Expresses concerns regarding
Amendment 8 #
Draft opinion Recital D D. whereas EU-US relations are based on a strong partnership and cooperation in many fields, on the basis of common shared values of democracy, the rule of law and fundamental rights; whereas the EU and the United States have strengthened their engagement in the fight against terrorism since the terrorist attacks of 11 September 2001, notably with the Joint Declaration on Counter Terrorism of 3 June 2010
Amendment 8 #
Motion for a resolution Citation 25 Amendment 80 #
Motion for a resolution Paragraph 5 5. Urges those Member States t
Amendment 81 #
Motion for a resolution Paragraph 5 5. Urges those Member States t
Amendment 82 #
Motion for a resolution 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 Member States, in particular, to investigate the creation and operation of secret detention centres on their territory, particularly whether and under what conditions people were held in these secret detention centres within the context of the CIA programme;
Amendment 83 #
Motion for a resolution 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; calls particularly on Member States to investigate whether there are secret prisons on their territory or operations where people have been held under the CIA programme in facilities on their territory;
Amendment 84 #
Motion for a resolution Paragraph 5 5. Urges Member States to establish the truth
Amendment 85 #
Motion for a resolution Paragraph 5 a (new) 5a. Urges the Member States not to employ arguments of state secrecy and national security in cases of violations of human rights and to find the appropriate balance between state secrecy, national security and respect for human right;
Amendment 86 #
Motion for a resolution Paragraph 5 b (new) 5b. Calls on the Member States to avoid basing their national criminal proceedings on such legal grounds which enable and lead to the termination of criminal proceedings by evoking clauses of the statute of limitations and lead to impunity, and respect the principle of international customary law which recognizes that statute of limitations cannot and should not be applied to cases of serious violations of human rights;
Amendment 87 #
Motion for a resolution Paragraph 6 Amendment 88 #
Motion for a resolution Paragraph 6 Amendment 89 #
Motion for a resolution Paragraph 6 6.
Amendment 9 #
Draft opinion Recital D D. whereas EU-US relations are based on a strong partnership and cooperation in many fields, on the basis of common shared values of democracy, the rule of law and fundamental rights; whereas the EU and the United States have strengthened their engagement in the fight against terrorism since the terrorist attacks of 11 September
Amendment 9 #
Motion for a resolution Citation 28 Amendment 90 #
Motion for a resolution Paragraph 6 6. Urges Romania to meet its legal obligation to launch an independent and effective inquiry into CIA secret
Amendment 91 #
Motion for a resolution Paragraph 6 a (new) 6a. Acknowledges the results of the investigation of the Romanian Parliament in 2008, which did not reveal any involvement of the Romanian authorities in the CIA programme;
Amendment 92 #
Motion for a resolution Paragraph 6 a (new) 6a. Acknowledges the results of the investigation of the Romanian Parliament in 2008, which did not reveal any involvement of the Romanian authorities in the CIA programme, but recommends further inquiries, based on solid judicial evidence, in the light of the newly emerged elements, noting that a parliamentary inquiry lacks the broader powers of a full judicial investigation;
Amendment 93 #
Motion for a resolution Paragraph 6 b (new) 6b. Notes the fact that national investigations into the matter have been hampered by the Member States respecting the rules of the Chicago Convention on International Civil Aviation, which regulates access inside aircraft belonging to another state and foresees it only within very particular conditions;
Amendment 94 #
Motion for a resolution Paragraph 7 7.
Amendment 95 #
Motion for a resolution Paragraph 7 7. Welcomes the criminal investigation
Amendment 96 #
Motion for a resolution Paragraph 7 7. Welcomes the criminal investigation into secret detention launched in Poland, and calls on the Polish authorities to conduct a rigorous inquiry, with due transparency, if new evidence comes to light, allowing the effective participation of victims and their lawyers;
Amendment 97 #
Motion for a resolution Paragraph 8 8.
Amendment 98 #
Motion for a resolution Paragraph 8 8.
Amendment 99 #
Motion for a resolution Paragraph 8 a (new) 8a. Welcomes the parliamentary and judicial inquiries that took place in Lithuania between 2009 and 2011;
source: PE-489.538
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