B4-0170, 0204 and 0225/96

Resolution on the extradition of two presumed ETA militants

The European Parliament,

- having regard to its resolution of 17 May 1995 on the functioning of the Treaty on European Union with a view to the 1996 Intergovernmental Conference - Implementation and development of the Union ((OJ C 151, 19.6.1995, p. 56.)),

- having regard to its resolution of 14 December 1995 on the progress made in 1995 in the implementation of cooperation in the fields of justice and home affairs pursuant to Title VI of the Treaty on European Union ((Minutes of that Sitting, Part II, Item 11.)),

- having regard to the conclusions of the Madrid European Council of 15 and 16 December 1995,

- having regard to the Convention on the simplified extradition procedure between Member States of the European Union,

- having regard to the La Gomera Declaration on terrorism,

A. having regard to the Belgian Council of State's decision to suspend the decision by the Minister of Justice to extradite to Spain two presumed ETA militants, Luis Moreno and Raquel García, accused by the Spanish judicial authorities of complicity in a terrorist act committed in Spain,

B. whereas the Belgian Council of State based its decision on an interpretation of Articles 1e, 1f and 13 of the European Convention on the Suppression of Terrorism and on the national extradition law of 1 October 1833,

C. whereas the conventions and other decisions of the Council are interpreted differently in each Member State, which calls into question the rule of law; whereas a common interpretation of the conventions and texts designed to lay down common basic principles in the field of extradition is in the interest of the Member States,

D. whereas both Belgium and Spain are constitutional and democratic states and are linked by judicial cooperation agreements, especially in the area of combating terrorism; whereas, however, their governments are also obliged to respect the decisions of their courts of justice,

E. whereas ETA is a terrorist organization which, since 1977, has been responsible for 723 murders and is at this moment holding two citizens whom it kidnapped,

1. Reaffirms vigorously its condemnation of all forms of terrorism;

2. Insists on the need to strengthen cooperation between the Member States of the Union in the fight against terrorism and, particularly and as a matter of urgency, to redefine the legal framework which still permits a Member State to grant protection to, and refuse to extradite, persons accused of terrorist acts in another Member State;

3. Deplores the fact that situations such as that resulting from the suspension of extradition and the subsequent release of two presumed ETA collaborators, on the basis of the Belgian Council of State's decision, jeopardize judicial coordination and cooperation in the fight against terrorism in the European Union;

4. Demands that a definitive solution to this problem be found, as a matter of urgency, in the context of cooperation between the Member States in accordance with Title VI of the Treaty on European Union;

5. Calls on the Council to conclude a convention on extradition that will move beyond the current rules on the subject and abolish obsolete concepts such as political offences in the Union;

6. Instructs its President to forward this resolution to the countries of the Schengen Group, the Intergovernmental Conference due to open on 29 March 1996 in Turin, the Council, the Commission and the parliaments and governments of the Member States.