2013/2169(INI) | [ParlTrack]

Motion for a resolution
Citation 1 a (new)

– having regard to the UN Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 19751, __________________ 1 http://www.ohchr.org/EN/ProfessionalInt erest/Pages/DeclarationTorture.aspx

Amendment 10 #

Motion for a resolution
Citation 3 b (new)

– having regard to the Rome Statute of the International Criminal Court,

Amendment 100 #

Motion for a resolution
Paragraph 19 d (new)

19d. Points to the need to support the work of NGOs involved in preventing violence in conflicts, and hence the torture and ill-treatment inflicted on the civilian population in such situations, and, with a view to achieving the above aim, to raise awareness within armed groups in order to make them comply with international humanitarian standards, especially where gender-based violence is concerned;

Amendment 101 #

Motion for a resolution
Paragraph 19 e (new)

19e. Condemns the ill-treatment inflicted on migrants and asylum-seekers that could be likened to acts of torture, not least in view of the reception arrangements and inadequate procedures in some countries, including countries with which the EU has special relations and readmission and other agreements; urges all Member States to refrain from deporting persons to countries that do not respect human rights and which make migrants live in conditions comparable to torture;

Amendment 102 #

Motion for a resolution
Paragraph 19 f (new)

19f. Condemns the use of private detention centres, where the living conditions are particularly calamitous and there have been reports of cases of ill- treatment or even deaths caused by a failure to provide proper medical care;

Amendment 103 #

Leonidas DONSKIS, Edward MCMILLAN-SCOTT, Baroness Sarah LUDFORD

Motion for a resolution
Paragraph 19 g (new)

19g. Notes that, because of their professions, artists and journalists are especially likely to suffer humiliating and degrading treatment, not to say torture; recommends that the EU take this concern into account;

Amendment 104 #

Motion for a resolution
Paragraph 20

20. Calls on the EEAS and the Working Party on Human Rights (COHOM) to make sure that Human Rights Country Strategies (HRCSs) contain country- specific objectives and benchmarks related to the fight against torture, including the identification of groups requiring special protection, such as children, women, displaced persons, refugees and migrants, and those facing discrimination on the grounds of ethnicity, caste, religious or other beliefs, sexual orientation or gender identity;

Amendment 105 #

Motion for a resolution
Paragraph 20

20. Calls on the EEAS and the Working Party on Human Rights (COHOM) to make sure that Human Rights Country Strategies (HRCSs) contain country- specific objectives and benchmarks related to the fight against torture, including the identification of groups requiring special protection, such as children, women, displaced persons, refugees and migrants, and those facing discrimination on the grounds of ethnicity or cultural background, religious or other beliefs, sexual orientation or gender identity;

Amendment 106 #

Motion for a resolution
Paragraph 20

20. Calls on the EEAS, the EU Special Representative for Human Rights, and the Working Party on Human Rights (COHOM) to make sure that Human Rights Country Strategies (HRCSs) contain country- specific objectives and benchmarks related to the fight against torture, including the identification of groups requiring special protection, such as children, women, displaced persons, refugees and migrants, and those facing discrimination on the grounds of ethnicity, religious or other beliefs, sexual orientation or gender identity;

Amendment 107 #

Motion for a resolution
Paragraph 20 a (new)

20a. Stresses the fact that members of vulnerable groups such as ethnic, linguistic and religious groups are more often exposed to torture or ill treatment in detention, therefore require special attention;

Amendment 108 #

Motion for a resolution
Paragraph 20 a (new)

20a. Hopes that EU human rights policy, not least as regards the prevention of torture and inhuman or degrading punishment or treatment, will not come up against diplomatic, political, or economic considerations entailing double standards that would undermine the EU’s credibility; points to the importance of refraining from exploiting the above matters, from obstructing the right of self- determination which peoples should enjoy, and from interfering in the politics of non-EU countries;

Amendment 109 #

Motion for a resolution
Paragraph 20 a (new)

20a. Appeals to the EU and the international community as a whole to observe the principle of ‘non- refoulement’, whereby no asylum-seekers should be sent back to a country where they might be in danger of torture or of suffering inhuman or degrading treatment as defined in the Convention of 28 July 1951 relating to the Status of Refugees;

Amendment 11 #

Motion for a resolution
Citation 4 c (new)

- having regard to the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol)1, __________________ 1 Published by the Office of the UN High Commissioner for Human Rights, Geneva, http://www.ohchr.org/Documents/Publica tions/training8Rev1en.pdf.

Amendment 110 #

Motion for a resolution
Paragraph 22

22. Recommends that HRCSs should address the root-causes of violence and ill- treatment by government agencies and in private settings and they should define assistance needs with a view to offering EU technical assistance for capacity building, legal reform and training in order to help third countries comply with international obligations and norms, in particular in the context of signing and ratifying the CAT and the OPCAT, and complying with the provisions they contain on prevention (specifically establishing national preventive mechanisms (– NPMs), fighting impunity and the rehabilitation of victims;

Amendment 111 #

Motion for a resolution
Paragraph 22

22. Recommends that HRCSs should address the root-causes of violence and ill- treatment by government agencies and in private settings and they should define assistance needs with a view to offering EU technical assistance for capacity building, legal reform and training in order to help third countries comply with international obligations and norms, in particular in the context of signing and ratifying the CAT and the OPCAT, and complying with the provisions they contain on prevention (specifically establishing national preventive mechanisms (- NPMs), fighting impunity and the rehabilitation of victims;

Amendment 112 #

Cristian Dan PREDA

Motion for a resolution
Paragraph 22 a (new)

22a. Further recommends that the HRCSs should include measures to encourage the establishment and operation of national institutions or, where appropriate, the strengthening of national institutions which could effectively address the prevention of torture and ill-treatment, including where necessary possibilities for financial and technical assistance;

Amendment 113 #

Motion for a resolution
Paragraph 22 a (new)

22a. Underlines the need for the EEAS and EU Delegations to make available specific information regarding third countries' available support and possible legal remedies for victims of torture and ill-treatment;

Amendment 114 #

Motion for a resolution
Paragraph 23

23. Calls on the EEAS and EU delegations to make full but carefully targeted and country-specific use of the political instruments at their disposal and foreseen under the EU Guidelines on Torture, including public statements, local démarches, human rights dialogues and consultations; calls on the EEAS and Member States to resume their past practice of carrying out targeted global campaigns on thematic issues in relation to torture;

Amendment 115 #

Motion for a resolution
Paragraph 23

23. Calls on the EEAS and EU delegations to make full but carefully targeted and country-specific use of the political instruments at their disposal, including public statements, local démarches, human rights dialogues and consultations to raise individual cases, necessary legislative reform and ratification and implementation of relevant international conventions;

Amendment 116 #

Motion for a resolution
Paragraph 23 – subparagraph 1 (new)

Calls on the EU delegations and the EU member state embassies on the ground to implement the provisions contained in EU Guidelines on torture and other cruel, inhuman or degrading treatment or punishment and on the EEAS and COHOM to regularly monitor their implementation;

Amendment 117 #

Motion for a resolution
Paragraph 23 a (new)

23a. Urges the EU Delegations and Member States Embassies throughout the world to mark the International Day in Support of Victims of Torture on 26 June by organizing seminars, exhibitions and other events;

Amendment 118 #

Motion for a resolution
Paragraph 24

24. Calls on the EEAS to systematically include torture and ill-treatment in human rights dialogues and consultations as stand- alone items or under judiciary and security sector reform; also calls for the eradication of impunity to be made a priority for the EU in dialogue with non- EU countries in order to ensure that acts of torture and inhuman or degrading punishments or treatment will not go unpunished and will not be repeated, one way of bringing this about being to do away with the amnesty laws that protect the torturers;

Amendment 119 #

Motion for a resolution
Paragraph 24

24. Calls on the EEAS and the EU Special Representative for Human Rights to systematically include torture and ill- treatment in human rights dialogues and consultations as stand- alone items or under judiciary and security sector reform;

Amendment 12 #

Motion for a resolution
Citation 9 a (new)

- having regard to its resolution of 15 December 2011 on detention conditions in the EU1, __________________ 1 Texts adopted, P7_TA(2011)0585.

Amendment 120 #

Motion for a resolution
Paragraph 24

24. Calls on the EEAS to systematically ~~includ~~raise torture and ill-treatment in EU human rights dialogues and consultations ~~as stand-alone items or under judiciary and security sector reform~~with third countries;

Amendment 121 #

Motion for a resolution
Paragraph 24 a (new)

24a. Notes that a general guide for parliamentarians on visiting places of detention in third countries would be a useful tool in the context of regular Parliament delegation visits to prisons and other places of detention, and should include a specific perspective for visits in detention centres and other places were children and women might be detained, to secure the application of the "do no harm" principle in compliance with the UN Training Manual on Human rights Monitoring, particularly in order to avoid reprisals following visits;

Amendment 122 #

Motion for a resolution
Paragraph 24 b (new)

24 b. Recommends placing torture-related issues in the focus of local and regional civil society forums and seminars, with the potential of follow-up in the regular human rights consultations and dialogues;

Amendment 123 #

Motion for a resolution
Paragraph 25

25. Calls on EU delegations to carry out ~~prison visits~~visits to prisons and other place of detention, including to juvenile detention centres and places were children might be detained, and observe trials where there is reason to believe that defendants may have been subjected to torture or ill- treatment and ask for information on and the independent investigation of individual cases;

Amendment 124 #

Motion for a resolution
Paragraph 25

25. Calls on EU and EP delegations to carry out prison visits and observe trials where there is reason to believe that defendants may have been subjected to torture or ill- treatment and ask for information on and the independent investigation of individual cases;

Amendment 125 #

Motion for a resolution
Paragraph 25

25. Calls on EU delegations to carry out ~~prison visits~~visits to prisons and other places of detention and to observe trials where there is reason to believe that defendants may have been subjected to torture or ill- treatment and ask for information on and the independent investigation of individual cases;

Amendment 126 #

Motion for a resolution
Paragraph 25 a (new)

25a. Considers that one point to be taken particularly into account is the lack of independence of special police units, special torture units, or bodies responsible for investigating complaints of torture; urges countries to make proper amends to victims of torture by paying damages, granting compensation in kind, or both, as well as by providing medical and psycho-social care;

Amendment 127 #

Motion for a resolution
Paragraph 25 a (new)

25a. Calls on EU delegations to provide support for members of civil society when they are prevented from visiting prisons and observing trials;

Amendment 128 #

Motion for a resolution
Paragraph 26

26. Calls on the EEAS, the Commission and the Member States to meet their commitment in the Action Plan on Human Rights to facilitate the establishment and functioning of independent and effective National Preventive Mechanisms (NPMs); calls on Member States to identify best practices among the existing NPMs and national human rights institutions in the EU and in third countries, with a view to promoting these examples to partner countries;

Amendment 129 #

Motion for a resolution
Paragraph 26

26. Calls on Member States to ~~identify best practi~~review and analyse with diligences a~~mong~~nd transparency the existing NPMs and national human rights institutions in the EU and in third countries, ~~with a view to promoting~~and to identify best practices among them, making sure that they have a child rights perspective, with a view to strengthening the existing mechanisms, make changes for their improvement and promote these examples to partner countries;

Amendment 13 #

Motion for a resolution
Citation 10 a (new)

- having regard to its study on "The Implementation of the EU Guidelines on torture and other cruel, inhuman or degrading treatment or punishment" (PE 348.584) of April 20071, __________________ 1 http://www.europarl.europa.eu/RegData/e tudes/etudes/join/2007/348584/EXPO- DROI_ET(2007)348584_EN.pdf.

Amendment 130 #

Motion for a resolution
Paragraph 26 a (new)

26a. Considers that the death penalty, as a violation of the right to personal integrity and human dignity, is incompatible with the prohibition of cruel, inhuman or degrading punishment under international law and calls on the EEAS and the Member States to formally acknowledge this incompatibility and to adapt EU policy towards capital punishment accordingly;

Amendment 131 #

Motion for a resolution
Paragraph 26 a (new)

26a. Invites EU delegations to call for detention to be used as a last resort, and seek alternatives, particularly for persons in situations of vulnerability (such as women, children, asylum seekers and migrants);

Amendment 132 #

Motion for a resolution
Paragraph 26 b (new)

26 b. Is deeply concerned by recent reports of EU-based companies supplying chemicals used for lethal injection drugs in the USA; in this regard, welcomes the development by some European pharmaceutical companies of a contractual export and control system, aiming at ensuring that their product Propofol is not used for lethal injections in countries still applying the death penalty, notably the USA;

Amendment 133 #

Motion for a resolution
Paragraph 27

27. Welcomes persistent efforts by the EU to initiate and support regular resolutions at the UN General Assembly and the Human Rights Council and to treat the issue as a priority under the UN framework; suggests that the HR/VP keeps regular contact with the UN Special Rapporteur on Torture in order to share information relevant to the EU's foreign policy relations with third countries; suggests also that the Committee on Foreign Affairs and the Subcommittee on Human Rights regularly invite the UN Special Rapporteur on Torture to brief the Parliament on matters related to torture in specific countries;

Amendment 134 #

Motion for a resolution
Paragraph 27 a (new)

27a. Points out that, as stipulated in Articles 7 and 8 of the Rome Statute of the International Criminal Court, torture, if commited systematically or on a large scale, can constitute a war crime or a crime against humanity; maintains that, by virtue of the responsibility to protect, the international community has a duty to protect populations who fall victim to such crimes and accordingly calls for the decision-making procedure in the UN Security Council to be reviewed in order to avert deadlock in cases involving the responsibility to protect;

Amendment 135 #

Motion for a resolution
Paragraph 28

28. Calls on third countries to fully cooperate with the UN Special Rapporteur on torture, the Committee against Torture and regional anti-torture bodies such as the Committee for the Prevention of Torture in Africa, the European Committee for the Prevention of Torture, and the Rapporteur on persons deprived of their liberty in America; encourages the Member States and the EEAS to systematically take into account the recommendations of the Special Rapporteur and other bodies for follow-up in contacts with third countries, including in the Universal Periodic Review (UPR) process;

Amendment 136 #

Motion for a resolution
Paragraph 29

29. Urges the EEAS, the EU Special Representative for Human Rights, and the Member States to actively promote the ratification and implementation of the CAT and the OPCAT as a priority and to step up their efforts to facilitate the establishment and functioning of NPMs in third countries;

Amendment 137 #

Motion for a resolution
Paragraph 29

29. Urges the EEAS and the Member States to actively promote the ratification and implementation of the CAT and the OPCAT as a priority and to step up their efforts to facilitate the establishment and functioning of effective and independent NPMs in third countries;

Amendment 138 #

Motion for a resolution
Paragraph 29 a (new)

29a. Calls on the EEAS, the Commission and Member States to support the establishment and functioning of regional torture prevention mechanisms, including the Committee for the Prevention of Torture in Africa and the Rapporteur on Persons Deprived of their Liberty in the Americas;

Amendment 139 #

Motion for a resolution
Paragraph 30

30. Calls on the EEAS and the EU Special Representative for Human Rights to systematically provide support to third countries, enabling them to effectively implement the recommendations of the relevant UN treaty bodies, including the Committee against Torture and the Subcommittee on the Prevention of Torture, the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women;

Amendment 14 #

Motion for a resolution
Citation 16 a (new)

- having regard to the UN General Assembly Resolutions on torture,

Amendment 140 #

Motion for a resolution
Paragraph 30

30. Calls on the EEAS ~~to systematically provide~~and the Commission to step up their support to third countries, enabling them to effectively implement the recommendations of the relevant UN treaty bodies, including the Committee against Torture and the Subcommittee on the Prevention of Torture, the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women;

Amendment 141 #

Motion for a resolution
Paragraph 30 a (new)

30a. Calls on the EEAS to within its capacity provide technical assistance to rehabilitation of torture victims and their families to empower them to rebuild their lives;

Amendment 142 #

Motion for a resolution
Paragraph 30 a (new)

30a. Underlines the importance of member states' active participation in the implementation of the provisions of the EU Action Plan on Human Rights and providing the EEAS with regular updates on the actions undertaken by them in this regard;

Amendment 143 #

Motion for a resolution
Paragraph 30 b (new)

30 b. Calls on the EU to cooperate more efficiently with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the Commissioner for Human Rights from the Council of Europe;

Amendment 144 #

Motion for a resolution
Subheading 3 a (new)

European Instrument for Democracy and Human Rights (EIDHR)

Amendment 145 #

Motion for a resolution
Paragraph 30 c (new)

30 c. Welcomes the existing initiatives and projects under the EIDHR, of which 7% of the funds have been allocated to torture-related projects, and underlines the need to continue earmarking specific funds to the fight against torture and cruel, degrading, with a focus on awareness-raising, prevention, addressing impunity, as well as the social and psychological rehabilitation of torture victims, with a priority to projects of a holistic nature;

Amendment 146 #

Motion for a resolution
Paragraph 30 d (new)

30 d. Stresses that funds allocated to projects under the upcoming programming period should take into account EU priorities as outlined in the EU Action Plan on Human Rights and Democracy;

Amendment 147 #

Motion for a resolution
Paragraph 30 e (new)

30 e. Calls on EU member states to provide an overview of bilateral assistance programmes in the field of torture prevention and rehabilitation with a view to share best practices, achieve efficient burden sharing and to create synergies and complementarity with EIDHR projects;

Amendment 148 #

Motion for a resolution
Paragraph 31

31. ~~Calls~~Points out that the EU and its Member States need to set an example in order to establish their credibility; calls, therefore, on all Member States that have yet to ratify the OPCAT to do so as a matter of priority;

Amendment 149 #

Motion for a resolution
Paragraph 31

31. Calls on all Member States that have yet to ratify the OPCAT to do so as a matter of priority; also calls on the 21 Member States, which have yet to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, to do so as a matter of urgency;

Amendment 15 #

Motion for a resolution
Citation 17 a (new)

- having regard to the EU guidelines on the death penalty of 16 June 20081, __________________ 1 http://www.consilium.europa.eu/uedocs/c msUpload/10015.en08.pdf.

Amendment 150 #

Motion for a resolution
Paragraph 31

31. Calls on ~~all Member States that have yet to ratify the OPCAT to do so as a matter of priority;~~ Belgium, Finland, Greece, Ireland, Latvia, Lithuania and Slovakia to ratify the OPCAT as a matter of priority and establish independent, well resourced, and effective NPMs, noting the importance of individual communications as an instrument for the prevention of torture, cruel, inhuman and degrading treatment or punishment, urges CAT Member States to accept individual jurisdictions in compliance with art.21; as well as signatories to the UN CRC to sign and ratify the 3rd Protocol to the Convention on the Rights of the Child;

Amendment 151 #

Motion for a resolution
Paragraph 31 a (new)

31a. Calls on Members States that have not made declarations recognising the Article 22 jurisdiction of the Committee Against Torture to do so as a matter of priority;

Amendment 152 #

Motion for a resolution
Paragraph 31 a (new)

31a. Reiterates its call on those Member States which have not fulfilled their positive obligation to conduct independent and effective inquiries to investigate human rights violations in relation to the CIA rendition flights, taking into account all the new evidence that has come to light; calls in particular on the Member States to investigate whether operations have taken place whereby people have been held under the CIA programme in secret facilities on their territory; calls on the Member States concerned (France, Italy, Lithuania, Poland, Romania and Sweden) to respond to the letters sent by the UN Special Procedures;

Amendment 153 #

Motion for a resolution
Paragraph 31 a (new)

31a. Calls on all Member States which have NPMs to engage in a constructive dialogue to implement NPM recommendations; as well as recommendations of the European Committee for the Prevention of Torture, UN Committee against torture and UN Subcommittee for the Prevention of Torture in a coherent and complementary way;

Amendment 154 #

Motion for a resolution
Paragraph 31 a (new)

31a. Urges the EU to strengthen its commitment to the universal values of human rights and accordingly calls on it to use neighbourhood policy and the principle of ‘more for more’ to encourage neighbouring countries to embark on reforms with a view to intensifying their action against torture;

Amendment 155 #

Motion for a resolution
Paragraph 32

32. Regrets the very limited support provided by EU ~~and non-EU state parties to the UN- managed Special Fund for Torture Victims under the OPCAT~~Member States to the UN Voluntary Fund for Victims of Torture and the OPCAT special Fund; calls on the Member States and the Commission to support the work of the ~~Special Fund for Torture Victim~~se funds through substantial and regular voluntary contributions, in line with their commitments under the EU Action Plan on Human Rights;

Amendment 156 #

Motion for a resolution
Paragraph 32

32. Regrets the limited support provided by EU and non-EU state parties to the UN~~- managed Special Fund for Torture Victims under the OPCAT~~ Voluntary Fund for Victims of Torture, and to the OPCAT Special Fund; calls on the Member States and the Commission to support the work of the ~~Special Fund for Torture Victim~~se funds through substantial and regular voluntary contributions;

Amendment 157 #

Motion for a resolution
Paragraph 32 a (new)

32a. Maintains that the EU should take a more determined stand and call on the institutions and the Member States to strengthen their commitment and political will with a view to securing a worldwide moratorium on capital punishment;

Amendment 158 #

Motion for a resolution
Paragraph 32 a (new)

32a. (new) Calls on the Commission to draw up an action plan, with a view to creating a mechanism for listing and imposing targeted sanctions (travel bans, freezing of assets) against officials of third countries (including police officers, prosecutors and judges) involved in grave human rights violations, such as torture and cruel, inhuman or degrading treatment; stresses that criteria of inclusion on the list should be built up on the basis of well-documented, converging and independent sources and convincing evidence, allowing for mechanisms of redress for those targeted;

Amendment 159 #

Motion for a resolution
Paragraph 32 a (new)

32a. Recalls the obligation of all States, notably EU Member States, to strictly adhere to the principle of non- refoulement, under which States must not deport or extradite a person to a jurisdiction where he or she runs the risk of persecution; considers that the practice of seeking diplomatic assurances from the receiving State does not relieve the sending State of its obligations and denounces such practices which seek to circumvent the absolute prohibition of torture and refoulement;

Amendment 16 #

Motion for a resolution
Citation 18 a (new)

- having regard to the International Rehabilitation Council for Torture Victims (IRCT) 2009 Istanbul protocol on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

Amendment 160 #

Motion for a resolution
Paragraph 32 b (new)

32b. Considers that the EU and the Member States should become aware of the need to amend the international treaties outlawing the use of torture in order to provide, in cases where this does not yet exist, for a similar ban on capital punishment;

Amendment 161 #

Motion for a resolution
Paragraph 32 b (new)

32 b. Notes that a general guide for parliamentarians on visiting places of detention in third countries would be a useful tool in the context of regular Parliament delegation visits to prisons and other places of detention;

Amendment 162 #

Motion for a resolution
Paragraph 32 b (new)

32 b. Regrets that very few Member States have actually exercised universal jurisdiction over crimes of torture, in spite of their obligation under the UN Convention Against Torture to prosecute any alleged offender present on their territory; calls on the European Commission to promote the exercise of universal jurisdiction among Member States;

Amendment 163 #

Motion for a resolution
Paragraph 32 c (new)

32 c. Calls on Member States to refuse information obtained by torture in their engagement with third countries as an important disincentive to torture, and to require in their intelligence sharing agreements with third countries that persons being interrogated overseas are detained and interrogated in conformity with international standards;

Amendment 164 #

Motion for a resolution
Paragraph 33

33. Calls on the Council and Commission to complete the current review of Council Regulation (EC) No 1236/2005, including its annexes, with a view to more effective implementation in line with Parliament’s recommendations set out in its resolution of 17 June 2010 on the implementation of Council Regulation (EC) No 1236/2005; calls on Member States to fully comply with the provisions of the Regulation, in particular with the obligation of all Member States under Article 13 of Council Regulation (EC) No 1236/2005 to compile timely annual activity reports and to make them public, and to share information between Member States and the Commission regarding licensing decisions;

Amendment 17 #

Motion for a resolution
Citation 20 a (new)

- having regard to the UN Committee against Torture Statement published in connection with the events of 11 September 2001 on 22 November 2001, that the prohibition against torture is an absolute and non-derogable duty under international law, and that whatever responses to the threat of international terrorism are adopted by States party to the Convention, such responses must be in conformity with the obligations undertaken by them in ratifying the Convention against Torture,

Amendment 18 #

Motion for a resolution
Recital A a (new)

A a. whereas the term "torture" in this resolution should be understood as in the UN definition and also include cruel, inhuman and degrading treatment or punishment;

Amendment 19 #

Motion for a resolution
Recital C a (new)

Ca. whereas the eradication of torture, ill- treatment, inhuman and degrading treatment and punishment is an integral part of EU human rights policy, in close interdependence with other areas and instruments of EU action;

Amendment 2 #

Motion for a resolution
Citation 2 a (new)

– having regard to the European Convention on Human Rights and in particular Article 3 thereof, which states that ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’,

Amendment 20 #

Leonidas DONSKIS, Edward MCMILLAN-SCOTT, Baroness Sarah LUDFORD

Motion for a resolution
Recital E

E. whereas according to the updated EU Guidelines, in the fight against terrorism, Member States are determined to comply fully with international obligations prohibiting torture and other cruel, inhuman or degrading treatment or punishment; whereas, however, European companies are involved in the manufacture and supply of equipment that can be used for torture or to inflict ill-treatment;

Amendment 21 #

Motion for a resolution
Recital E a (new)

Ea. whereas torture can be both physical and psychological; whereas there has been a growing number of cases where psychiatry is used as a tool for coercion of human rights defenders and dissidents, who are placed in psychiatric institutions in order to prevent them from carrying out their political and community activities;

Amendment 22 #

Ramon TREMOSA i BALCELLS

Motion for a resolution
Recital E a (new)

Ea. whereas Member States' judiciary should have the tools to prosecute those torturers that have never been judged, particular attention should be given to the torture cases during dictatorships in Europe as a lot of times these crimes have gone unpunished;

Amendment 23 #

Ramon TREMOSA i BALCELLS

Motion for a resolution
Recital E b (new)

E b. whereas it is deeply embarrassing that some torture cases that happened in Europe are being judged for the first time in third countries like Argentina;

Amendment 24 #

Motion for a resolution
Recital F

F. whereas the erosion of the absolute prohibition of torture remains a persistent challenge in the context of anti-terrorism ~~measures in many countries;~~ policies in many countries, especially in the aftermath of the launching of the "War on Terror" policy by the George W. Bush Administration;

Amendment 25 #

Motion for a resolution
Recital F

F. whereas the erosion of the absolute prohibition of torture remains a persistent challenge in the context of anti-terrorism measures in many countries, including EU Member States;

Amendment 26 #

Motion for a resolution
Recital G

G. whereas there ~~are significant policy challenges when addressing emerging forms of torture that target vulnerable groups, in particular children~~is something particularly odious about the forms of torture that, driven by prejudices, discrimination, and other factors, target vulnerable groups, in particular children, cultural and religious minorities, migrants and asylum-seekers, and LGBTI people;

Amendment 27 #

Motion for a resolution
Recital G

G. whereas there are significant policy challenges when addressing ~~emerging forms of torture that target~~the specific protection needs of vulnerable groups, in particular children;

Amendment 28 #

Motion for a resolution
Recital G a (new)

Ga. whereas capital punishment is, by nature, cruel, inhuman, and degrading and constitutes an extreme form of torture;

Amendment 29 #

Motion for a resolution
Recital G a (new)

Ga. whereas the police in some countries use torture as the interrogation method of choice; whereas torture cannot be an acceptable way to resolve crimes;

Amendment 3 #

Motion for a resolution
Citation 2 a (new)

- having regard to the UN Standard Minimum Rules on the Treatment of Prisoners and other universally applicable relevant UN standards,

Amendment 30 #

Motion for a resolution
Recital G b (new)

Gb. whereas there are international treaties that prohibit the use of torture, but do not prohibit capital punishment;

Amendment 31 #

Motion for a resolution
Paragraph 1

1. Welcomes the inclusion of three actions related to the eradication of torture in the EU Action Plan on Democracy and Human Rights but emphasises the need for specific and measurable benchmarks to assess their implementation;deleted

Amendment 32 #

Motion for a resolution
Paragraph 1

Amendment 33 #

Motion for a resolution
Paragraph 1 a (new)

1a. Pays tribute to all those civil society organisations, national human rights institutions, national preventive mechanisms and individuals striving to provide redress and reparation to victims, fighting impunity and actively preventing the scourge of torture and ill-treatment around the world;

Amendment 34 #

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that, according to the CAT, the term 'torture' means any act by which 'severe pain or suffering, whether physical or mental, is intentionally inflicted on a person [...] by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity'; however, situations where acts of torture and other cruel, inhuman and degrading treatment or punishment occurs with the involvement of actors other than state or public officials also need to be addressed through policy measures for prevention, accountability and rehabilitation;

Amendment 35 #

Motion for a resolution
Paragraph 1 b (new)

1 b. Denounces the continued prevalence of torture and other forms of ill-treatment throughout the world and reiterates its absolute condemnation of such acts, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified; Observes that the implementation of the EU Guidelines on Torture remains insufficient and at odds with EU statements and commitments to address torture as a matter of priority; urges the EEAS and the Member States to give renewed impetus to the implementation of these Guidelines, notably by identifying priorities, best practices and public diplomacy opportunities, consulting relevant stakeholders, including civil society organisations, and by reviewing the implementation of the torture-related issues in the EU Action Plan on Democracy and Human Rights; in this regard, calls for the full and timely implementation of the three actions related to the eradication of torture in the EU Action Plan;

Amendment 36 #

Motion for a resolution
Paragraph 2

2. Recommends that a forthcoming revision of the EU Action Plan on Democracy and Human Rights should define more specific actions for the eradication of torture, such as more efficient information and burden-sharing, training and joint initiatives with UN field offices and the relevant UN Special Rapporteurs and other international actors, such as the Organisation for Security and Co- operation in Europe (OSCE) and the Council of Europe;

Amendment 37 #

Motion for a resolution
Paragraph 2

2. Recommends that a forthcoming revision of the EU Action Plan on Democracy and Human Rights should define more ambitious and specific actions for the eradication of torture, such as more efficient information and burden-sharing, training and joint initiatives with UN field offices and other international actors, such as the Organisation for Security and Co- operation in Europe (OSCE) and the Council of Europe and the support to the establishment and strengthening of regional torture prevention mechanisms;

Amendment 38 #

Motion for a resolution
Paragraph 3

3. Welcomes the 2012 update of the EU Guidelines on torture and other cruel, inhuman or degrading treatment or punishment; underlines the importance of their effective and results-oriented implementation in conjunction with other guidelines and policy initiatives;

Amendment 39 #

Motion for a resolution
Paragraph 4

4. Welcomes the fact that the EU Guidelines reflect a holistic policy approach, including the promotion of an adequate legislative and judicial framework for the effective prevention and prohibition of torture, the monitoring of places of detention, addressing impunity, and the full and effective rehabilitation of torture victims, backed up by credible, consistent and coherent action;

Amendment 4 #

Motion for a resolution
Citation 3 a (new)

– having regard to the Convention relating to the Status of Refugees, adopted by the UN on 28 July 19511, __________________ 1 http://www.ohchr.org/EN/ProfessionalInt erest/Pages/StatusOfRefugees.aspx

Amendment 40 #

Leonidas DONSKIS, Edward MCMILLAN-SCOTT, Baroness Sarah LUDFORD

Motion for a resolution
Paragraph 4

4. Welcomes the fact that the EU Guidelines reflect a holistic policy approach, including the promotion of an adequate legislative and judicial framework for the effective prevention and prohibition of torture, monitoring places of detention, addressing impunity, and the full and effective rehabilitation of torture victims, backed up by credible, consistent and coherent action;

Amendment 41 #

Motion for a resolution
Paragraph 4 a (new)

4a. Reiterates the vital importance of rehabilitation centres for torture victims both inside and outside the EU in addressing not only physical, but also long-term psychological problems experienced by torture victims; is convinced that funding for such centres in third countries provided by the European Instrument for Democracy and Human Rights (EIDHR) should not be cut even in the face of the financial and economic crisis since national healthcare systems of these countries are often not in a position to adequately address the specific problems of torture victims;

Amendment 42 #

Motion for a resolution
Paragraph 4 a (new)

4a. Welcomes the EU financial aid to rehabilitation centres for torture victims throughout the world and urges those centres to adopt a multidisciplinary approach encompassing counselling, access to medical treatment, and social and legal support;

Amendment 43 #

Motion for a resolution
Paragraph 4 a (new)

4a. Regrets that no comprehensive and public stocktaking review of the implementation of the Guidelines has been carried out since 2008 and stresses the need for a regular and comprehensive assessment of their implementation;

Amendment 44 #

Motion for a resolution
Paragraph 7

7. Calls on the Commission, the European External Action Service (EEAS) and the Member States to undertake ~~periodic~~an annual reviews of the implementation of Council Regulation (EC) No 1236/2005 banning the trade of torture and capital punishment equipment, as well as to promote this regulation worldwide as a viable model for enforcing an effective ban on torture tools;

Amendment 45 #

Motion for a resolution
Paragraph 8

8. Reiterates Parliament’s earlier call for the insertion of a ‘~~catch-all torture e~~torture end-use catch-all clause’ into the regulation and- c~~lause’ into~~alls for the "brokering" and "promotion of annex-listed equipment" to be added to the activities controlled by the regulation;

Amendment 46 #

Motion for a resolution
Paragraph 8

8. Reiterates Parliament’s earlier call ~~for the insertion of a ‘catch-all torture end- clause’ into the regulation~~to insert into the Regulation a ‘torture end- clause’, which would allow Member States, on the basis of prior information, to license and refuse the export of any items which pose a substantial risk of being used for torture, ill treatment or the capital punishment;

Amendment 47 #

Motion for a resolution
Paragraph 8 a (new)

8a. Reiterates its commitment to the worldwide abolition of capital punishment; considers that there is no punishment more cruel, inhuman, and degrading than the death penalty; considers it deplorable, in addition, that many persons under sentence of death have to endure the ordeal of being held on what is termed ‘death row’, where, more often than not, they are physically and emotionally very isolated and subjected to psychological pressures, not least because of the unbearable uncertainty about their fate while they are awaiting execution;

Amendment 48 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls for the control of 'technical assistance ' to be extended to cover the use of torture tools, 'torture techniques' or any goods listed in the Annexes of the regulation;

Amendment 49 #

Motion for a resolution
Paragraph 9

9. Encourages the resumption of the Council’s torture task force, which should give renewed impetus to the implementation of the Guidelines by identifying priorities, best practices and public diplomacy opportunities, undertaking consultations with relevant stakeholders and civil society organisations, as well as by contributing to the regular review of the implementation of torture-related issues in the EU Action Plan;deleted

Amendment 5 #

Leonidas DONSKIS, Edward MCMILLAN-SCOTT, Baroness Sarah LUDFORD

Motion for a resolution
Citation 3 a (new)

– having regard to the 23rd General Report of the Council of Europe European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, published on 6 November 20131, __________________ 1 http://www.cpt.coe.int/en/annual/rep- 23.pdf.

Amendment 50 #

Motion for a resolution
Paragraph 9 a (new)

9a. Is particularly concerned by torture of human rights defenders, including community activists, journalists, human rights lawyers and bloggers in prisons; recognises that it is often the people who are most involved in the fight for human rights and democracy who suffer the most through unlawful detention, intimidation, torture and exposure to danger of their families; insists that both EU missions on the ground and high-level EU officials systematically and consistently raise this issue in meetings with their third-country counterparts, including mentioning specific names of human rights defenders in prisons;

Amendment 51 #

Andreas MÖLZER

Motion for a resolution
Paragraph 10

10. Notes with grave concern the existence of secret detention centres and the practice of incommunicado detention in several countries, which represent some of the most worrying examples of torture and ill- treatment; believes that these cases should be systematically raised in statements and démarches and included in the individual cases list at human rights dialogues and consultations; repeats its explicit condemnation of the secret detention centres allegedly run by the US intelligence services in some Member States;

Amendment 52 #

Motion for a resolution
Paragraph 10

Amendment 53 #

Motion for a resolution
Paragraph 10

10. Notes with grave concern the existence of secret detention centres and the practice of incommunicado detention and prolonged solitary confinement in several countries, which represent some of the most worrying examples of torture and ill- treatment; believes that these cases should be systematically raised in statements and démarches and included in the individual cases list at human rights dialogues and consultations;

Amendment 54 #

Raimon OBIOLS, María MUÑIZ DE URQUIZA

Motion for a resolution
Paragraph 10

Amendment 55 #

Motion for a resolution
Paragraph 10 a (new)

10a. Condemns the barbed wire fences erected along the border between Spain and Morocco in an attempt to discourage irregular immigration; believes that this measure fails to provide an effective deterrent and is severely detrimental to persons seeking to enter European territory; considers the erection of barbed wire fences to be contrary to EU policy on the promotion and protection of human rights and to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

Amendment 56 #

Motion for a resolution
Paragraph 10 a (new)

10a. (new) Stresses that EU Member States are still to fully account for their participation in the illegal activities of the CIA in Europe, which allowed for torture, ill-treatment and other gross human rights' violations of persons detained in the context of the "War on Terror" launched by the George W. Bush Administration post-9/11;

Amendment 57 #

Motion for a resolution
Paragraph 10 a (new)

10a. Reiterates its concern with widespread and systematic human rights abuses in Democratic People's Republic of Korea (DPRK), in particular the use of torture and labour camps against political prisoners and repatriated citizens of the DPRK; calls on DPRK authorities as a first step to allow inspection of all types of detention facility by independent international experts;

Amendment 58 #

Cristian Dan PREDA

Motion for a resolution
Paragraph 11

~~11. Reiterates its call on the US authorities to close the Guantánamo Bay detention camp immediately and prohibit the use of torture and ill-treatment in all circumstances;~~deleted

Amendment 59 #

Motion for a resolution
Paragraph 11

11. RCondemns the systematic use of torture at the Guantánamo base and considers that the US actions there should be a matter for the international courts; reiterates its call on the US authorities to close the Guantánamo Bay detention camp immediately and prohibit the use of torture and ill-treatment in all circumstances; reaffirms that the Guantánamo base is illegal, and is particularly concerned at the fact that, notwithstanding the law, the numerous international condemnations, and President Obama’s promises, 164 people are still being held, who for the most part have not been charged or brought before a court and cannot be accused of the slightest offence; calls, therefore, for all of the prisoners, including those who have been transferred to other prisons, to be given fair trials in civilian courts and for them to be released if no evidence can be produced against them; maintains that the rulings of a military commission do not conform to the criteria for impartial justice laid down in international law;

Amendment 6 #

Motion for a resolution
Citation 4

– having regard to the Convention on the Rights of the Child and ~~the Second~~its two Optional Protocols on the Sale of Children, Child Prostitution and Child Pornography1, and on the Involvement of Children in Armed Conflict2, __________________ 1 http://www.ohchr.org/EN/ProfessionalInt erest/Pages/OPSCCRC.aspx. 2 http://www.ohchr.org/EN/ProfessionalInt erest/Pages/OPACCRC.aspx.

Amendment 60 #

Andreas MÖLZER

Motion for a resolution
Paragraph 11

11. Reiterates its call on the US authorities to close the Guantánamo Bay detention camp immediately and prohibit, and refrain from, the use of torture and ill- treatment in all circumstances;

Amendment 61 #

Motion for a resolution
Paragraph 11

11. Re~~iterates its call on the US authorities to close the Guantánamo Bay detention camp immediately and prohibit the use of torture and ill-treatment in all circumstance~~calls the Obama Administration's commitment in January 2009 to close the Guantánamo Bay detention camp and reiterates its call on the US authorities to do so immediately and prohibit the use of torture and ill-treatment in all circumstances; urges the US authorities to repel all domestic legislation acts allowing for the use of torture-like interrogation techniques and other ill treatment against any individual, on US soil or in foreign territory, according to its international legal obligations;

Amendment 62 #

Motion for a resolution
Paragraph 11

11. Reiterates its call on the US authorities to close the Guantánamo Bay detention camp immediately and prohibit the use of torture and ill-treatment in all circumstances; in line with repeated commitments to do so; continues to be dismayed by the detention conditions of the Guantanamo prisoners, which constitute cruel and inhuman treatment and punishment, as stated inter alia by the UN Special Rapporteur on Torture; calls for an end to the indefinite detention of persons by providing for their release or prosecution and to cease all practices of incommunicado detention as well as secret detention;

Amendment 63 #

Motion for a resolution
Paragraph 11

11. Reiterates its call on the US authorities to immediately close the Guantánamo Bay detention camp ~~immediately~~and all similar forms of indefinite detention without trial or charge and prohibit the use of torture ~~and ill-~~, cruel, inhuman and degrading treatment in all circumstances;

Amendment 64 #

Motion for a resolution
Paragraph 11 a (new)

11a. Reiterates the need for a comprehensive legal study and discussions at UN level on the links between the application of the death penalty, including the death row phenomenon of severe mental trauma and physical deterioration and the prohibition on torture and cruel, inhuman or degrading treatment; emphasises the need to interpret EU Guidelines on the death penalty and torture as cross-cutting;

Amendment 65 #

Motion for a resolution
Paragraph 12 – introductory part

12. Stresses that no exceptions from the absolute prohibition of torture can be justified, including in the context of national security concerns and counter- terrorism measures; considers it disquieting that some countries are assigning parallel policing tasks to paramilitary groups in an attempt to elude their international obligations;

Amendment 66 #

Motion for a resolution
Paragraph 12

12. Stresses that no exceptions from the absolute prohibition of torture can be justified, including in the context of national security concerns and counter- terrorism measures; reminds that the prohibition on torture is a binding norm under International Human Rights Law and International Humanitarian Law, which means that it is valid in both peace time and war time;

Amendment 67 #

Motion for a resolution
Paragraph 12

Amendment 68 #

Motion for a resolution
Paragraph 12

12. Stresses that no exceptions from the absolute prohibition of torture ~~can be justified~~, and practices of cruel, inhuman and degrading treatment or punishment can be justified, and that states have an obligation to implement safeguards to prevent the commission of torture and ill- treatment, as well as to ensure accountability and access to effective remedies and reparations at all times, including in the context of national security concerns and counter- terrorism measures; emphasizes that the prohibition equally applies to the transfer and use of information where it is either obtained by or likely to result in torture;

Amendment 69 #

Motion for a resolution
Paragraph 12 – subparagraph 1 (new)

Expresses its disquiet at police brutality in some countries and considers this issue to be central to the prevention of torture and degrading treatment, especially in cases where peaceful demonstrations are put down, bearing in mind that violence of this kind constitutes, at the very least, ill- treatment according to the international definition, if not torture;

Amendment 7 #

Motion for a resolution
Citation 4 a (new)

- having regard to the Geneva Conventions of 1949 and their Additional Protocols1, __________________ 1 http://www.icrc.org/eng/war-and- law/treaties-customary-law/geneva- conventions/.

Amendment 70 #

Motion for a resolution
Paragraph 12 a (new)

12a. Expresses particular concern at the violations of the European Convention on Human Rights being perpetrated in countries with which, for the most part, the EU has special relations; points out that prison overcrowding and the cases of enforced isolation constitute inhuman and degrading treatment and calls on all countries to treat prison conditions as a priority;

Amendment 71 #

Motion for a resolution
Paragraph 12 a (new)

12a. Welcomes the joint project of the Council of Europe and the Association for the Prevention of Torture on drawing up a practical guide for parliamentarians on visiting immigration detention centres;

Amendment 72 #

Motion for a resolution
Paragraph 13

Amendment 73 #

Motion for a resolution
Paragraph 13

Amendment 74 #

Motion for a resolution
Paragraph 13

13. Notes that a general guide for parliamentarians on visiting places of detention in third countries would be a useful tool in the context of regular Parliament delegation visits to prisons and other places of detention; calls for visits of this kind to be made in consultation with the EU delegation in the country concerned, NGOs, and organisations active in prisons, so as to ensure that the arrangements do not lead to unintended or harmful consequences for prisoners, prison workers, or NGOs;

Amendment 75 #

Motion for a resolution
Paragraph 13

13. ~~Notes that a gener~~Calls for the adoption of a practical guide for parliamentarians on visiting places of detention in ~~third countries would be a useful tool in~~ the context of regular European Parliament delegation visits to ~~prisons and other places of detention~~third countries;

Amendment 76 #

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on the EEAS, COHOM and other relevant actors to jointly undertake a survey of EU support to National Preventive Mechanisms establishment and functioning, to identify best practices as outlined in the EU Action Plan;

Amendment 77 #

Motion for a resolution
Paragraph 13 b (new)

13 b. Calls on the EEAS, Member States and the Commission to facilitate the establishment and functioning of independent and effective NPMs, and particularly the professional training of their staff;

Amendment 78 #

Motion for a resolution
Paragraph 13 c (new)

13 c. Calls on COHOM, the torture task force and the European Commission DG HOME to elaborate measures with regards to the integration of torture prevention measures into all Freedom, Security and Justice activities;

Amendment 79 #

Motion for a resolution
Subheading 1

Addressing protection gaps, in particular the torture of children, women, and other vulnerable groups

Amendment 8 #

Motion for a resolution
Citation 4 a (new)

– having regard to the Inter-American Convention to Prevent and Punish Torture, which entered into force in 19971, __________________ 1 http://www.cidh.oas.org/Basicos/English/ Basic9.Torture.htm.

Amendment 80 #

Motion for a resolution
Paragraph 14

14. Notes that ~~in an increasingly globalised world characterised by violence and commercialisation,~~ children are subject to ~~more~~various diverse forms of torture; calls for the EU to undertake political, diplomatic and financial measures to prevent torture aimed at children;

Amendment 81 #

Motion for a resolution
Paragraph 14

14. ~~Notes that in an increasingly globalised world characterised by violence and commercialisation, children are subject to more diverse forms of tortu~~Expresses its particular concern regarding acts of torture and ill-treatment committed against members of vulnerable groups, notably children; calls for the EU to undertake political, diplomatic and financial measures to prevent torture aimed at children;

Amendment 82 #

Motion for a resolution
Paragraph 14

14. Notes that in an increasingly globalised world characterised by violence and commercialisation, children are subject to ~~more~~ diverse forms of torture; calls for the EU to undertake political, diplomatic and financial measures to prevent torture aimed at children;

Amendment 83 #

Motion for a resolution
Paragraph 15

15. Calls for the EU to address types of torture affecting children, especially linked to child trafficking, child pornography, child soldiers, children in military detention, child labour, accusations of child witchcraft, and other vulnerable groups of children, including in orphanages, detention centres and refugee camps;

Amendment 84 #

Motion for a resolution
Paragraph 15

15. Calls for the EU to address types of torture affecting children, especially linked to child trafficking, child pornography, child soldiers, children in military detention, child labour, child witchcraft, and other vulnerable groups of children, including in orphanages, detention centres and refugee camps wherever authorities are involved in any way in torture affecting children;

Amendment 85 #

Motion for a resolution
Paragraph 15

15. Calls for the EU to address ~~types of torture affecting~~various forms of violence against children, especially linked to child trafficking, child pornography, child soldiers, children in military detention, child labour, child witchcraft, and other vulnerable groups of children, including in orphanages, detention centres and refugee camps;

Amendment 86 #

Motion for a resolution
Paragraph 15

15. Calls for the EU to address types of ~~torture~~human rights violations, affecting children, especially linked to child trafficking, child pornography, child soldiers, children in military detention, child labour, child witchcraft, and ~~oth~~cyber vbul~~nerable groups of child~~lying, when they amount to torturen, including in orphanages, detention centres and refugee camps, implementing effective safeguards for their protection;

Amendment 87 #

Motion for a resolution
Paragraph 15 a (new)

15a. Points out that unaccompanied migrant children should never be sent back to a country where they might be in danger of being tortured or of suffering inhuman or degrading treatment;

Amendment 88 #

Motion for a resolution
Paragraph 15 a (new)

15a. Notes that the abusive use of deprivation of liberty of children, especially for preventive detention and detention of migrant children, has resulted in overcrowded detention centres, and the increase of practices of torture and ill-treatment against children; calls on states to ensure that deprivation of liberty of children is, as required by universal human rights standards, genuinely used only as a measure of last resort, for the minimum necessary period and always taking into account the best interest of the child;

Amendment 89 #

Motion for a resolution
Paragraph 15 b (new)

15 b. Calls on states for a more child- friendly justice system, comprising free and confidential child-friendly reporting mechanisms, including in detention centres, that not only empower children to claim their rights, but also to report violations;

Amendment 9 #

Motion for a resolution
Citation 4 b (new)

- having regard to the Statute of the International Criminal Court,

Amendment 90 #

Motion for a resolution
Paragraph 16

16. Notes that the interpretation of the existing conventions should account for new forms of psychological and physical torture, notably of children, and calls for the EU to address this issue with new tools and policy measures;deleted

Amendment 91 #

Timothy Charles Ayrton TANNOCK

Motion for a resolution
Paragraph 17

~~17. Stresses the need for the EU to address the use of the internet by adults and children for the psychological torture of children and harassment through social media;~~deleted

Amendment 92 #

Motion for a resolution
Paragraph 17

17. Stresses the need for the EU to address the use of the iInternet by adults and children for the psychological torture of children and harassment through social media; notes that, despite the existence of the EU's Safer Internet Programme, the EU's response to the phenomenon of Internet bullying has been inadequate; highlights the recent spate of incidences of children taking their lives as a result of online bullying, and the continued existence of websites hosted in Member States which have been directly or indirectly implicated in these actions; stresses, therefore, the urgency for the EU to take clear and firm action against online bullying and harassment and the websites facilitating it;

Amendment 93 #

Motion for a resolution
Paragraph 18

18. Recommends focusing EU policy efforts on rehabilitation and psychological support centres for children who are victims of torture, with a child-friendly a~~nd culturally sensitive approach~~pproach that takes cultural values into account;

Amendment 94 #

Motion for a resolution
Paragraph 19 a (new)

19a. Stresses the need for special protection for particularly vulnerable groups, among them journalists, human rights defenders, health professionals, people in detention or prison, members of ethnic minorities and student leaders;

Amendment 95 #

Cristian Dan PREDA

Motion for a resolution
Paragraph 19 a (new)

19a. Calls on the High Representative of the Union for Foreign Affairs and the heads of the EU delegations to raise in their dialogue with authorities from third countries gender-based forms of torture that make girls a particularly vulnerable group, in particular female genital mutilation and early and forced marriages, as foreseen in the Council's EU Strategic Framework and Action Plan on Human Rights and Democracy;

Amendment 96 #

Motion for a resolution
Paragraph 19 a (new)

19a. Calls on the EEAS and COHOM to specifically address the torture of children in the forthcoming update of the Guidelines and the EU Action Plan on Human Rights;

Amendment 97 #

Motion for a resolution
Paragraph 19 b (new)

19b. Maintains that violations of sexual and reproductive rights (no access to contraception or safe abortion, genital mutilation, and sexual abuse) often entail physical pain or mental suffering that can be likened to torture or cruel, inhuman, and degrading acts; urges the EU, therefore, to seek as a matter of priority to safeguard and strengthen these rights when pursuing relations with non-EU countries;

Amendment 98 #

Motion for a resolution
Paragraph 19 a (new)

19a. Expresses concern at the fact that women are particularly likely to be subjected to specific acts of torture and forms of inhuman or degrading treatment (rape, sexual mutilation, sterilisation, abortion, enforced birth control, or deliberate impregnation), especially during armed conflicts, in which such acts are used as a type of warfare, even against those who are under age;

Amendment 99 #

Motion for a resolution
Paragraph 19 c (new)

19c. Similarly condemns the acts of torture, violence, and abuse perpetrated on account of a person’s sexual orientation or gender identity; urges the EU and the Member States, to seek, likewise as a matter of priority, to safeguard and strengthen LGBTI rights when pursuing relations with non-EU countries;

source: PE-524.655

2013/12/18 FEMM 43 amendments...

Amendment 1 #

Draft opinion
Citation 1 a (new)

– having regard to the UN Security Council resolution 1325 on women, peace and security (UNSCR 1325), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences;

Amendment 10 #

Draft opinion
Paragraph 1

1. Urges the EU to ensure, by means of aid conditionality, that third countries and countries in accession in particular, protect women and girls from torture; calls on the Council to suspend aid to countries practising torture and to divert aid to support victims directly; urges the Commission to ensure that all new Free Trade Agreements with third countries provide for strict obligations which safe- guard women;

Amendment 11 #

Draft opinion
Paragraph 1

1. Urges the EU to ensure, by means of aid conditionality, that third countries protect women and girls from torture~~; calls on the Council to suspend aid to countries practising torture and to divert aid to support victims~~, by channelling aid towards victim support; urges the Commission to ensure that all new Free Trade Agreements with third countries provide for strict obligations which safe-guard women;

Amendment 12 #

Draft opinion
Paragraph 2

2. ~~Stresses~~Welcomes the measures contemplated by the Commission in its Communication COM(2013)0833 entitled ‘Towards the elimination of female genital mutilation , and reiterates the need for consistency between the European Union's internal and external policies in regard to this phenomenon; restates moreover the continuing need for the EU to work with third countries to eradicate the practice of FGM; and reminds those Member States with national legislation criminalising FGM that they must act on this legislation;

Amendment 13 #

Draft opinion
Paragraph 2

2. Stresses the continuing need for the EU to work with third countries to eradicate the practice of FGM; ~~reminds those~~encourages Member States w~~ith national legislation~~ho have not yet done so to criminalis~~ing~~e FGM ~~that they must act on this legislation~~in their national legislation and to ensure its enforcement;

Amendment 14 #

Draft opinion
Paragraph 2

2. Stresses the continuing need for the EU to work with third countries to eradicate the practice of FGM; reminds those Member States with national legislation criminalising FGM that they must act on this legislation and ensure its implementation;

Amendment 15 #

Draft opinion
Paragraph 3

3. Supports a ban on stoning or lapidation; stresses that it is a b~~arbaric~~rutal form of execution;

Amendment 16 #

Draft opinion
Paragraph 3

3. Supports an immediate ban on stoning; stresses that it is a barbaric form of execution;

Amendment 17 #

Draft opinion
Paragraph 3 a (new)

3a. Stresses concern about the incidents of executions of women with mental health problems and learning difficulties;

Amendment 18 #

Draft opinion
Paragraph 3 b (new)

3b. Stresses concern about the detainment and holding conditions for women and children who are waiting for execution on death row;

Amendment 19 #

Draft opinion
Paragraph 4

4. Condemns all forms of domestic a violence, in particular honour killings, violence entrenched in cultural or religious beliefs, forced marriage, gendercides and dowry deaths; affirms that the EU must treat these as forms of torture;

Amendment 2 #

Draft opinion
Recital A

A. whereas women are more likely to be victims of sexual torture both at times of war and of peace;

Amendment 20 #

Draft opinion
Paragraph 4

4. Condemns all forms of domestic violence throughout the world, in particular honour killings, forced marriages, and dowry deaths; ~~affirms that the EU must treat these as forms of torture;~~

Amendment 21 #

Draft opinion
Paragraph 4

4. Condemns all forms of domestic violence, in particular honour killings, forced marriage, child marriage and dowry deaths; affirms that the EU must treat these as forms of torture;

Amendment 22 #

Draft opinion
Paragraph 4 a (new)

4a. Condemns sorcery and witchcraft related torture against women in Papua New Guinea;

Amendment 23 #

Draft opinion
Paragraph 4 b (new)

4b. Calls on the authorities in India, Africa, Latin America, the Caribbean and the Middle East to outlaw forced marriage, particularly against children;

Amendment 24 #

Draft opinion
Paragraph 4 c (new)

4c. Recognises that torture is unfortunately an evolving phenomenon and current UN and EU definitions are becoming obsolete and outdated. Therefore, it is paramount to tackle emerging forms of torture that are being perpetrated against vulnerable groups, in particular children. For example; child trafficking, child pornography, child soldiers, child labour and child witchcraft;

Amendment 25 #

Draft opinion
Paragraph 4 d (new)

4d. Recognises the need to combat new and emerging forms of torture through information technologies, such as the use of the internet and social media for the psychological torture and harassment of women and children;

Amendment 26 #

Draft opinion
Paragraph 4 e (new)

4e. Whereas groups that are particularly vulnerable to torture are women, children, detainees, prisoners, refugees, asylum- seekers, internally displaced persons, migrants, and those facing discrimination on grounds of ethnicity, religious or other belief, sexual orientation or gender identity;

Amendment 27 #

Draft opinion
Paragraph 5

5. Welcomes the ~~inclusion by the International Criminal Court of gender crimes, including rape, sexual assault and hum~~Rome Statute’s progressive and innovative approach by recognizing sexual and gender-based violence, including rape, sexual slavery, enforced prostitution, forced pregnancies, forced sterilization or other form of sexual violence of comparable gravity, as a forms of torture, and ~~its recommendation that these crimes be considered war crimes~~as such as a war crime and crime against humanity;

Amendment 28 #

Draft opinion
Paragraph 5

5. Welcomes the inclusion by the International Criminal Court of gender crimes, including rape, sexual assault and humiliation, as forms of torture, and its recommendation that these crimes be considered war crimes; welcomes too the implementation by the ICC s victim support fund of programmes to rehabilitate women who have suffered torture, notably in post-conflict situations;

Amendment 29 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the EU to maintain its support, notably through the EIDHR, for programmes supporting and rehabilitating women who have suffered torture and the victims, in particular, of sexual violence in post-conflict situations;

Amendment 3 #

Draft opinion
Recital A

A. whereas women are more likely to be victims of sexual and gender-based torture;

Amendment 30 #

Draft opinion
Paragraph 5 a (new)

5a. urges states to strongly condemn torture and violence against women and girls committed in armed conflict and post-conflict situations, and recognizes that sexual and gender-based violence affects victims and survivors, relatives, communities and societies, and calls for effective measures of accountability and redress as well as effective remedies;

Amendment 31 #

Draft opinion
Paragraph 5 b (new)

5b. stresses that the right to education is a human right, and that eliminating illiteracy, ensuring equal access to quality education, including sexual education, and closing the gender gap at all levels of education empowers women and girls and thereby contributes to the elimination of all forms of discrimination and violence against women and girls;

Amendment 32 #

Draft opinion
Paragraph 6

6. Calls on the EU in its human rights dialogues with third countries ~~to promote the prevention, investigation and prosecution of violence against women~~(a) to treat cases of systematic rape during an armed conflict as a war crime and to punish accordingly, (b) to treat cases of gender-based torture practiced systematically or widespread as a crime against humanity and to punish accordingly, (c) to recognise gender-based torture as a crime and to avoid the re-victimisation of the victims, (d) to address the specific needs of the most vulnerable victims, in particular women and girls, (e) to ensure that victims have access to justice and (f) to promote the prevention, investigation and prosecution of gender-based violence;

Amendment 33 #

Draft opinion
Paragraph 6

6. Calls on the EU in its human rights dialogues with third countries to promote the prevention, investigation and prosecution of violence against women; calls on it lastly to make sure that full account is taken during peace negotiations of the fight to stop the perpetrators of torture or inhuman or degrading crimes enjoying impunity, and that the place of women in these peace processes is promoted as a consequence;

Amendment 34 #

Draft opinion
Paragraph 6

6. Calls on the EU in its human rights dialogues with third countries to promote the prevention, investigation and prosecution of violence against women; as well as to promote the ratification and the implementation of the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatments or Punishments;

Amendment 35 #

Draft opinion
Paragraph 6

6. Calls on the EU in its human rights dialogues with third countries to promote the prevention, investigation and prosecution of violence against women and girls;

Amendment 36 #

Draft opinion
Paragraph 6

6. Calls on the EU in its human rights dialogues with third countries to promote the prevention, investigation and prosecution of violence against women and girls;

Amendment 37 #

Draft opinion
Paragraph 6 a (new)

6a. Calls on the EU to encourage those countries that have not yet done so to ratify and implement the UN Torture Convention as well as the Rome Statute and to incorporate its relevant provisions on gender-based violence into domestic legislation;

Amendment 38 #

Draft opinion
Paragraph 6 b (new)

6b. Takes it as crucial that national prosecutors and judges have the capacity and the expertise to properly prosecute and try individuals for gender-based crimes;

Amendment 39 #

Draft opinion
Paragraph 8

8. States that the failure to separate transgender women prisoners from male prisoners in detention is ~~both~~ cruel ~~and~~, inhuman and degrading.

Amendment 4 #

Draft opinion
Recital A a (new)

Aa. whereas women and girls tend to suffer disproportionally from violence, in particular of sexual nature, both in peacetime and during armed conflict;

Amendment 40 #

Draft opinion
Paragraph 8

8. States that the failure to separate transgender women prisoners from male prisoners in detention is both cruel ~~and~~, inhuman and unacceptable.

Amendment 41 #

Draft opinion
Paragraph 8 a (new)

8a. Stresses the need to bear the gender- specific needs of female prisoners in mind in all places of detention when implementing appropriate international and national standards.

Amendment 42 #

Draft opinion
Paragraph 8 a (new)

8a. Calls on EU in its human rights dialogues to promote the implementation of UN Standard Minimum on Treatment of Prisoners in order to fully respect their inherent dignity and fundamental rights and guarantees; as well as to extend their application to all places of deprivation of liberty, including mental hospitals and police stations;

Amendment 43 #

Draft opinion
Paragraph 8 b (new)

8b. Calls on the EU in its human rights dialogues to promote the implementation of the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) in order to strengthen international norms for the treatment of women prisoners, which encompass their health, gender sensitivity and child care.

Amendment 5 #

Draft opinion
Recital A a (new)

Aa. Whereas torture and other cruel, inhuman or degrading treatment or punishment are among the most abhorrent violations of human rights, human integrity and human dignity in the world today; With this in mind asks that all stakeholders actively work towards preventing torture practices through education and awareness raising measures;

Amendment 6 #

Draft opinion
Recital A b (new)

Ab. whereas countries frequently ignore or deny gender-based violence thus denying to provide victims with the necessary assistance and protection and to convict the perpetrators, therefore many violence of this kind goes unreported;

Amendment 7 #

Draft opinion
Recital D a (new)

Da. whereas the EU Guidelines on torture and other cruel, inhuman or degrading treatment or punishment, updated in 2012, identify women as one of the groups requiring special protection; reiterates the importance of recognising gender-specific forms of torture and degrading treatment;

Amendment 8 #

Draft opinion
Recital D a (new)

Da. whereas torture has enduring physical and mental health consequences for victims;

Amendment 9 #

Catherine GRÈZE, Judith SARGENTINI

Draft opinion
Paragraph 1

1. Urges the EU to ensure, by means of aid conditionality, that third countries protect women and girls from torture; calls on the Council to suspend aid to countries practising torture and to divert aid to support victims; urges the Commission to ensure that all new Free Trade Agreements with third countries provide for strict obligations which safe-guard womenall human beings/people from torture, especially women and girls given their vulnerable character; calls on the Commission to reconsider its aid policy towards countries practising torture and to divert aid to support victims;

source: PE-526.107

2013/12/20 DEVE 11 amendments...

Amendment 1 #

Draft opinion
Paragraph 1 a (new)

1a. Underlines the importance of EP delegations visiting prisons and other places of detention where there is reason to believe that defendants may have been subjected to torture or ill-treatment and ask for information on and the independent investigation of individual cases;

Amendment 10 #

Draft opinion
Paragraph 9

9. Calls on the Council, the EEAS and the Commission to take more effective steps to ensure that the European Parliament and civil society are involved, at the very least, in the assessment exercise of the EU guidelines on ~~human rights dialogues with third countries, including developing countries~~torture.

Amendment 11 #

Draft opinion
Paragraph 9 a (new)

9a. Urges the Council and the Commission to encourage their partner countries to adopt a victim-oriented approach in the fight against torture and other cruel, inhuman or degrading treatment, by paying special attention to the needs of victims in development cooperation policy; stresses that introducing aid conditionality is not an effective way of addressing the problem, and that high level dialogues and negotiations, civil society involvement, strengthening national capacities and focusing on incentives, can achieve better results.

Amendment 2 #

Draft opinion
Paragraph 2

2. Recalls the need to set up an integrated and comprehensive strategy to fight torture by addressing its root causes; believes that this should include overall institutional transparency, and a stronger political will at ~~Member S~~state level to fight ill-treatment~~, and the tackling of~~; underlines the urgent need to tackle poverty, inequality, discrimination and violence by using national prevention mechanisms and by strengthening local authorities and NGOs; stresses the need to further develop the EUs development cooperation and human rights implementation machinery to address the root causes of violence;

Amendment 3 #

Philippe BOULLAND

Draft opinion
Paragraph 3

3. Notes with concern that claims for basic economic, social and cultural rights are ~~often~~in certain cases met with severe repression, resulting in many victims of torture being amongst the poorest in society; notes also that violence against women and children is significantly influenced by their socio- economic marginalisation, including in developing countries; calls, therefore, for new preventive strategies to address the relationship between economic, social and cultural rights and violence;

Amendment 4 #

Philippe BOULLAND

Draft opinion
Paragraph 5

5. Notes the EU’s vital position on the world stage in combating torture, in close cooperation with the UN; underlines the fact that strengthening the principle of zero tolerance for torture remains at the core of EU policies and strategies in promoting human rights and fundamental freedoms, both outside and inside the EU; regrets the fact that not all Member States fully comply with Council Regulation (EC) No1236/2005 and that some ~~EU-based compan~~companies based in industrialised countries may have illegally sold to third countries policing and security devices that can be used to torture;

Amendment 5 #

Leonidas DONSKIS

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission and the EEAS to take reports on torture by governmental agencies in third countries very seriously, to raise this issue in all dialogues with these countries, and to seek transparent investigations in such cases; stresses the fact that respect for human rights is one of the cornerstones of the EU’s development cooperation efforts;

Amendment 6 #