Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-12-14-Speech-3-116"
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"en.20051214.14.3-116"2
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"Mr President, ladies and gentlemen, first of all, the European Commission considers it our moral, institutional and political duty to ensure that the fundamental rights of every person are always respected and upheld without exceptions or derogations of any kind. Torture and inhumane treatment are a negation of the values on which the European Union has been based ever since its inception, and on which it is still based.
In any case, seeking the truth, in my view, means not just ascertaining if there has been any abuse and then drawing the right conclusions, but also clearing the air of negative preconceptions and suspicions that might otherwise undermine our necessary international action in the fight against terrorism.
In conclusion, then, if there is any suspicion or evidence that abuse and torture have been committed in Europe, we shall certainly be in a weaker position in the face of terrorists and antidemocratic terrorist propaganda. That is why we have to find out the truth; that is why we have to do so as loyal friends and allies of the United States, while jealously safeguarding our shared values at all times.
Secondly, I should like to reassert the crucial, strategic importance of the joint action and close cooperation between the European Union and the United States in the fight against terrorism. All European democratic nations, the United States and our other international partners must together defend their common values against this century’s greatest threat: international terrorism.
As Minister Alexander has just said, I welcome the formal statement by the US Secretary of State, Condoleezza Rice, that the United States does not tolerate torture, whether on US territory or anywhere else in the world, but considers it a crime. As you will realise, that is a binding statement, committing the United States to a certain kind of conduct. It is also proof of the great US democracy that a public debate has been started there in Congress, in the Senate and in the country’s free press. That is also something for us to reflect upon and to watch, since Europe too is taking part in the international debate on this major issue.
Thirdly, it is important to ascertain the truth behind accusations deriving from press sources, because if the accusations were shown to be true they could have grave political consequences, since they would constitute a serious breach of the Treaty. ‘Ascertain’, ladies and gentlemen, means finding evidence: according to the rule of law, no accusation can be considered proven if there is no evidence, and until evidence is found I personally have a duty to respect the word, and thus also the denial, that I have been given by all the governments I have consulted so far – and I repeat so far. That does not rule out our common desire for the truth but, as I said to the Committee on Civil Liberties, Justice and Home Affairs the evening before last, I clearly cannot cast doubt on the credibility of the legitimate and democratic governments of European Union countries and candidate countries without good evidence to the contrary.
In addition, I cannot consider that there are any individual European countries ‘on trial’, and I say that in inverted commas, particularly to our friends in Poland and Romania. We have a duty to ascertain whether abuse and torture have been committed throughout Europe. One country or another cannot be singled out as the object of investigation, as the accused, or as being on trial. If torture or inhumane treatment has been carried out, we have a duty to ascertain that fact throughout the territory of the European Union.
Some European countries, as you know, have started investigations at a national level. That has been done by the government in some cases, as in Portugal and Poland for instance, or by the judicial authorities in Member States such as mine, Italy, as well as in Spain, Germany and other countries. These judicial authorities are conducting investigations using the powers of the courts. We are, of course, awaiting the conclusions of these judicial inquiries with all due respect and without being able to influence them in any way.
Yesterday I met the Secretary General of the Council of Europe. I met him yesterday evening and reaffirmed the Commission’s support – and my personal backing – for the investigation he has begun, under Article 52 of the European Convention on Human Rights, into all 46 Council of Europe member states. I also assured Mr Davis of the Commission’s staunch support for the second inquiry set up in parallel by the Council of Europe Parliamentary Assembly. Dick Marty, its rapporteur, deserves public acknowledgement for the work he is carrying out. As you will probably already know, the Secretary General will conclude his investigation on 21 February 2006 and Dr Marty will present an initial report on his inquiry to the Council of Europe Parliamentary Assembly by the end of January 2006.
Through our Commissioners Mr Barrot and Mrs Ferrero-Waldner, I have asked for the Eurocontrol data on flight plans over European territory and all possible relevant data collected by the European Union Satellite Centre to be made available to the Council of Europe for its investigation.
At the moment there is no evidence to confirm the accusations, but we must continue to work in close collaboration with the Council of Europe and with this Parliament to seek out the truth, and that is what I shall do. It is not for me to decide what kind of working instrument Parliament will choose for this joint operation; I shall confine myself to saying that an investigation needs powers to enquire, question, investigate and inspect, and it is of course up to you to decide whether there is provision for such powers or not, as Parliament’s legal service would seem to indicate."@en1
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