Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-02-03-Speech-2-284"
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"en.20090203.20.2-284"2
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"Mr President, I think it is not our role to act as an outlet for the arbitrary policy which the United States of America has unfortunately been deliberately pursuing in this area. The policy flies in the face of our common Western principles and is being conducted in a cynically chosen area which is a relic of colonial times. There is no rule of law there: neither Cuban law, which, as Mr Dillen rightly said, affords no protection to the individual, nor US law, nor our common heritage of international law.
In legal terms, I think the issue is clear. If there are criminal charges under common law against some of the prisoners, they should be judged by due process of law. If they are suspected, for example, of having organised the attacks of 11 September, they should have been told seven years ago of the charges they face, had access to lawyers and appeared before the American courts. There is no shortage of these in the United States of America.
If others are considered to be prisoners of war following the Allied intervention in Afghanistan, they should be held in the conditions set out in the law relating to war until hostilities officially end.
If there are detainees who fall into neither of these two categories, then they should be freed and sent home.
I am told that some are potentially dangerous, but if I personally were detained for seven years in complete isolation, whilst I might not have been potentially dangerous to begin with, I would certainly have become potentially dangerous by the end. I believe this is the case for most people here.
If some do not wish to go home, they can ask their gaolers for political asylum. That is all I have to say and, in passing, I wish to thank Mr Barrot for his investigative work. Time will show it to have been the best analysis of these illegal transfers of prisoners."@en1
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