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European Union: Report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners

The European Parliament has voted to endorse and publish a report strongly condemning the use of European facilities for the alleged kidnapping, torture, and illegal imprisonment allegedly carried out and facilitiated in EU states by alleged US persons. The resolution was passed on or about Feb 14, 2007 by a majority of 382 to 256 with 74 abstentions.

This news was ‘covered’ by the BBC, Financial Times, Radio Free Europe, Islamic Republic News Agency, Irish Times and others. However most (or all, seemingly) news accounts did not include the name of the report or a link to it. And it seems not to be easily searchable from the various EU institution sites or general search sites. Some legislative history and parliamentary questions were accessible by searching at europa.eu on on ‘rendition’.

Following are the header and conclusions from the full report.

EUROPEAN PARLIAMENT

2004 – 2009

Session document

FINAL

A6-9999/2007

26.1.2007

 

REPORT

on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners

 

(2006/2200(INI))Temporary Committee on the alleged use of European

countries by the CIA for the transportation and illegal detention of prisoners

Rapporteur: Giovanni Claudio Fava

 

[…]

 

Final conclusions

225. Stresses, in view of the powers it was provided with and of the time which it had at its

disposal, and the secret nature of the investigated actions, that the Temporary

Committee was not put in a position fully to investigate all the cases of abuses and

violations falling within its remit and that its conclusions are therefore not exhaustive;

226. Recalls the principles and values on which the European Union is based, as provided in

Article 6 of the Treaty on European Union, and calls on the EU institutions to meet their

responsibilities in relation to Article 7 of the Treaty on European Union and all other

relevant provisions of the Treaties, and to take all appropriate measures in the light of

the conclusions of the work of the Temporary Committee, the facts revealed in the

course of the Temporary Committee’s investigation and any other facts that may emerge

in the future; expects the Council to start hearings and commission an independent

investigation without delay, as foreseen in Article 7, and, where necessary, to impose

sanctions on Member States in case of a serious and persistent breaches of Article 6,

including where a violation of human rights has been declared by an international body

but no measure has been taken to redress the violation;

227. Believes that the principle of loyal cooperation enshrined in the Treaties -which requires

Member States and the EU institutions to take measures to ensure the fulfilment of their

obligations under the Treaties, such as the respect of human rights, or resulting from

action taken by the EU institutions, such as ascertaining the truth about alleged CIA

flights and prisons, and to facilitate the achievement of EU tasks and objectives – has

not been respected;

228. Recalls that in light of European Court of Human Rights case law, a signatory State

bears responsibility for the material breach of the provisions of the ECHR, and therefore

also of Article 6 of the Treaty on the European Union, not only if its direct

responsibility can be established beyond reasonable doubt, but also by failing to comply

with its positive obligation to conduct an independent and impartial investigation into

reasonable allegations of such violations;

229. Notes the reports by reputable media operators that extraordinary rendition, illegal

detention, and systematic torture involving many people is continuing, and considering

the declaration by the current US Government that the use of extraordinary rendition

and secret places of detention will be continued; therefore calls for an EU-US counterterrorism

summit to seek an end to such inhumane and illegal practices, and to insist

that cooperation with regard to counter-terrorism is consistent with international human

rights and anti-torture treaty obligations;

230. Instructs its Committee on Civil Liberties, Justice and Home Affairs, where necessary in

cooperation with the Committee on Foreign Affairs, notably its Sub-Committee on

Human Rights, to follow up politically the proceedings of the Temporary Committee

and to monitor the developments, and in particular, in the event that no appropriate

action has been taken by the Council and/or the Commission, to determine whether

there is a clear risk of a serious breach of the principles and values on which the

European Union is based, and to recommend to it any resolution, taking as a basis

Articles 6 and 7 of the Treaty on European Union, which may prove necessary in this

context;

231. Calls on its Secretary-General to publish, at least in compliance with Regulation

1049/2001, all the documents received, produced and examined, as well as the records

of the proceedings of the Temporary Committee on the Internet as well as in any other

appropriate manner and calls on the Secretary-General to ensure that the developments

in fields falling within the remit of the Temporary Committee after its disbandment are

monitored;

232. Instructs its President to forward this resolution to the Council, the Commission, the

governments and parliaments of the Member States, of the candidate Member States

and the associated countries, and to the Council of Europe, NATO, the United Nations

and the Government and two Houses of Congress of the United States, and to request

them to keep Parliament informed of any development that may take place in the fields

falling in the remit of the Temporary Committee.

see also: Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners

Copyright © 2007 Henry Edward Hardy

14 February, 2007 Posted by scanlyze | Afghanistan, America, BBC, Bush, Central Intelligence Agency, CIA, covert operations, customary law, detention, Europa, Europe, European Union, Financial Times, Giovanni Claudio Fava, human rights, intelligence, Iran, Iraq, Irish Times, Islamic Republic News Agency, kidnapping, law, law of nations, media, memory hole, Middle East, military, murder, national security, news, newspapers, peace, politics, prisoners, radio, Radio Free Europe, rendition, repression, Taliban, torture, USA, war, war crimes | 1 Comment