Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-02-09-Speech-2-249"
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"en.20100209.14.2-249"2
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"Madam President, the European Union, including the European Commission, has consistently called for the closure of the Guantánamo Bay detention facility. As already mentioned by the Minister, the European Union established a two-tier framework to support the closure of Guantánamo, firstly through the Justice and Home Affairs Council conclusion of 4 June 2009 and the annexed information exchange mechanism and, secondly, through the Joint Statement of the European Union and its Member States and the United States of America on the Closure of the Guantánamo Bay Detention Facility and Future Counter-Terrorism Cooperation of 15 June 2009.
The Council conclusions and the joint statement clearly state that the decisions on the reception of former detainees and the determination of their legal status fall within the sole responsibility and competence of a receiving EU Member State or Schengen-associated country. Former detainees received under this scheme may have access to rehabilitation measures in the EU Member States under the applicable national laws.
In the context of the abovementioned statement on the closure of Guantánamo, on 16 June 2009 the President of the Council wrote to the co-chair of the US Detention Policy Task Force. In this letter, the European Union put forward a non-paper with principles of international law relevant to the fight against terrorism. It includes unequivocal statements on due process guarantees, such as access to court to challenge arrest, detention and transfer, as well as on the prohibition of torture. They have been discussed in detail in the dialogue on counter-terrorism and international law.
The Commission considers these guarantees to be important to this dialogue, as they contribute to a better understanding of how the fight against terrorism should respect the rule of law and international law, including international human rights law, international refugee law and international humanitarian law. As already mentioned, the European Union opposes the death penalty and has intervened in individual cases with third countries, including the United States, to prevent it from being carried out. The Commission will consider appropriate steps in case the death penalty is imposed on a former Guantánamo detainee tried by a US court or military commission. The European Commission appreciates the steps taken so far by President Obama to close Guantánamo and hopes to see further progress on this in the future."@en1
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