Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-07-05-Speech-3-172"
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"en.20060705.17.3-172"2
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".
Mr President, I urge greater moderation in the tone of this report. It makes too much use of the language of certainty and fact in places where suspicion and doubt would be more appropriate. According to the previous report of the Council of Europe, we are dealing with a dozen such cases of rendition, affecting some 17 people. Not all of these cases are blatantly breaches of international law. Mr Arar, for example, was handed over by order of an immigration court, so he hardly qualifies for inclusion in the group of extraordinary renditions.
Until we know the exact extent of the phenomenon, we have no authority to make the assertion contained in paragraph 6 of the report, which states that serious and inadmissible violations of fundamental rights have taken place on several occasions. The US Government interprets the Convention against Torture differently, which is its right. The committee on this convention has not questioned this interpretation, which is backed by many years of practice, a Senate decision and Supreme Court judgments.
I would like to see the report give space to a broader description of the context of the matter in order to avoid caricaturisation along the lines of ‘European Union good, America bad’. We should underline the key role of the fight against terrorism in world security, and the positive results of collaboration between European and US security services. In confronting terrorism, Europe and America are sometimes forced to step into a legal void.
Europe wants to treat terrorists like criminals who should be given defence lawyers and all the rights of due process. The American practice is closer to the traditions of military rule, which in my view is more suited to these circumstances, but which leads to legal acrobatics. If we want to avoid such disputes and conflicts between Europe and the US, we have to add new regulations to international law. Without the amendments proposed by Mr Gawronski and myself, the report is not worthy of support in tomorrow’s vote."@en1
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