Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-02-03-Speech-2-266"
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Mr President, I warmly welcome Mr Vondra and am glad to be able to echo what he has just said, since it is obvious that the Commission has to work closely with the Presidency on this difficult issue.
At the last Council of Foreign Affairs Ministers of 26 January, as Mrs Ferrero-Waldner would have reported, there was a brief discussion about Guantánamo. Several Member States have expressed their desire to establish a common framework for a concerted European Union approach, even though in the first instance, Mr Vondra, it is up to the Member States to decide, on a case-by-case basis, on the response to any requests from the United States.
We have proposed, in close collaboration with the Council Secretariat, to investigate these issues more closely. We are examining the issues around how third countries might receive former detainees. Even if freed detainees ought, in principle, to return to their countries of origin, some of those likely to be released after review could not return to their home country for fear of persecution, torture or ill-treatment.
In conjunction with the United States, we wish closely to examine what the European Union could do to help to relocate these people in a safe place. However, these particular cases will raise delicate, complicated questions that have to be considered in advance. The principle never changes: we should do whatever is needed to guarantee absolute respect for human rights. In all cases, we want to take a positive and constructive attitude towards the new US administration. At the same time, we must take all measures to ensure that the European Union’s approach complies with our obligations on human rights and our own legislation.
This approach will be neither easy nor quick. We will face complicated questions requiring coordination of the Member States’ action to arrive at a coherent European Union response. We will do all we can to contribute to the debate on what practical measures should be taken at a Community level.
At present, the US has not made a formal request. As Mrs Ferrero-Waldner repeatedly says, positive cooperation is required. We have to work together with the Member States to put this in place.
At the next Justice and Home Affairs Council of 26 February, we will call on the Member States to take a concerted approach and we might also use the precedent of the solution used when the Palestinians were brought to Europe in the wake of the events at the Church of the Nativity in 2002.
The Commission wishes, of course, to assist those Member States who decide to receive former Guantánamo detainees on their territory. Obviously, though, it is up to those Member States to define the status of former detainees who are also citizens of third countries and who could potentially be transferred to their territory.
Each case will be considered individually, taking into account the situation of each individual, humanitarian considerations and security implications. The decision to receive and allocate a status falls, in the end, within the competence of each Member State. This approach must, however, be part of a joint framework as far as possible.
Mr President, that is what I have to say on my own and Mrs Ferrero-Waldner’s behalf. I wonder if I should now make the statement about the transport and illegal detention of prisoners across the European area. I shall continue then and make a statement which, although fairly short, will answer a lot of Parliament’s questions.
It concerns the CIA using European countries for the transport and illegal detention of prisoners. The line taken by the Commission from the beginning revolves around three ideas: first, the war against terrorism has to be carried out in full respect of fundamental rights; secondly, the truth, whatever it may be, must be established; thirdly and, for me, most importantly, such acts must be prevented in future.
I would also particularly like to add my support to Mrs Ferrero-Waldner who, at the last moment, has been prevented from joining us this evening. I will therefore speak on her behalf and on my own.
The Commission has repeatedly expressed its view that the practices referred to as extraordinary rendition and secret detention are a violation of the fundamental rights guaranteed by the European Convention on Human Rights and the Charter of Fundamental Rights.
The Commission has also stated that it is essential for the Member States involved to conduct comprehensive, independent, impartial investigations to establish the truth, whatever it may be. This is a positive obligation resulting from the European Convention on Human Rights. It has to be said that investigations have begun in several Member States.
As for the allegations of secret detentions in Poland, the Commission has written to the Polish authorities several times. As I have been entrusted with responsibility for ‘justice, freedom and security’ issues, I myself wrote to the Polish authorities on 28 May 2008 to stress the importance of conducting proper investigations.
Following this letter, in August 2008, the assistant attorney general informed me that a criminal investigation had finally begun and that he will inform me of its results. I believe that this is a major development.
I have also approached Romania about this issue of secret detentions. In June 2008, the Prime Minister of Romania sent me the report from the Romanian Senate’s investigations committee. After further contacts, the Romanian authorities decided to carry out further investigations to examine the information included in the second report from Mr Marty, who himself has been chosen as rapporteur by the European Council.
Only such an approach, that puts the accent on the need to conduct proper investigations at a national level, will allow us to move forward. The Union and the Commission have neither the powers nor the resources to replace the Member States in this task of uncovering the truth. Only the investigative instruments and resources of the Member States will be sufficient for the task.
Obviously, the Commission, and here I am going to make a commitment to you, hopes that these investigations will be completed and will make it possible, where appropriate, to determine who was responsible and, where appropriate, ensure compensation for the victims.
In addition to the requests to the Member States to carry out investigations, one of the practical contributions made by the Commission, following the European Parliament resolution of 2 February 2007, was to clarify the definition of ‘state aircraft’ and, when I was Commissioner for Transport, I presented a communication on civil and business aviation that clarified matters.
Parliament has also requested an assessment of national anti-terrorist legislation. To get an overview of the current situation, the Commission has sent a questionnaire to the Member States on the effectiveness of the measures to combat terrorism and on their relationship with fundamental rights. The Commission has received replies from the 27 Member States and a document presenting these replies will be published in the next six months. There is now a need to throw real light on all these replies.
There you have it, Mr President; I have taken up quite some time, ladies and gentlemen, but it is true that, whilst this is an area in which the Union has limited powers, the Commission has endeavoured to encourage the truth to come to light and promote respect for fundamental rights. I can only say one thing, but in saying it I am making a personal commitment. I will, of course, continue to ensure that the whole truth is established, above all, so that we can be sure that such regrettable actions will not be repeated.
The Commission has given a very favourable reception to the initiatives taken by President Obama since his inauguration. All of the components are now in place for a relaunch of US/European relations and the Commission will make major efforts to revitalise this partnership.
The most striking example of the change of direction by the United States is their intention to look at the issues of human rights in relation to the treatment of suspected terrorists. We welcome, of course, President Obama’s haste to close the Guantánamo detention camp, to reach out to the Islamic world and confirm the United States’ commitment to the Middle East peace process.
We also note with satisfaction other equally important features of the orders signed on 22 January, namely the closure of the secret CIA prisons, the total ban on the use of torture and cruel, inhumane or degrading treatment, and the suspension of trials by military tribunals.
The European Union maintains an active political dialogue with the United States in which, of course, we give priority to the promotion of human rights throughout the world. We are also active partners with the US in the fight against the terrorist threat, but always in accordance with our human rights obligations.
The detention without trial of prisoners at Guantánamo over several years has played into the hands of the terrorist groups who are trying to radicalise and recruit new members. The European Union has already shown its opposition to Guantánamo. Your Parliament, the European Parliament, has incessantly called for its closure, because the fight against terrorism has to be carried out in accordance with international law. In the fight against terrorism, it is important to respect human rights not only as a matter of principle, but also to counter radicalisation around the world. We believe that the rights conferred under international law to all detainees should be respected. Except in the case of armed conflict, individuals should not be detained arbitrarily and should have the right to a fair, legal trial. We have raised these issues in the framework of the political dialogue with the United States. The European Parliament has played an important role in raising awareness of this issue.
I would add, still echoing Mr Vondra, that the case of each of the Guantánamo detainees should be reviewed by the American authorities. A working group, chaired by the Attorney General and consisting of the Secretaries of State for Defence and Homeland Security and high level officials, has just started work.
President Obama has announced that new diplomatic efforts will be made to find a solution to the problem of Guantánamo."@en1
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