WRITTEN QUESTION E-0374/02

by Armando Cossutta (GUE/NGL) to the Council

(14 February 2002)

Subject: Detention in Guantanamo of prisoners from the war in Afghanistan

The conditions in which individuals taken prisoner by the US Army during the war in Afghanistan are currently being held at Guantanamo are unanimously recognised as barbaric.

Whilst acknowledging that the detainees are guilty of terrorist acts, whether or not masterminded by al Quaeda, does the Council not consider that:

1. In order to combat the barbarity of terrorism it is essential to use the force of civilisation and not descend to the level of those one is supposed to be combating;

2. In this specific case, it is reprehensible that a civilised country such as the United States should use humiliating practices to treat the individuals captured during the war in Afghanistan, violating the basic principles underpinning our civilisation, such a habeas corpus and the right of defence?

Joint answerto Written Questions E-0374/02, E-0391/02 and E-0471/02

(22 July 2002)

The Council invites the Honourable Members to refer to the answer given to Written Questions E-0168/02, E-0236/02, E-0239/02 and E-0263/02.

The Council reaffirms the importance that every detainee be treated humanely in accordance with general standards of international law. The Council is not in a position to ascertain whether the conditions of detention at Guantánamo meet those standards solely on the basis of media reporting. The Council does not possess the information necessary to determine whether the detainees at Guantánamo should be regarded as prisoners of war. It recalls that Geneva Convention III relative to the Treatment of Prisoners of War stipulates that, in case of doubt, a detainee shall enjoy the protection of the Convention until such time as a competent tribunal determines his status. In the meantime, detainees are to be treated humanely, receive proper medical care, clothing and food. The detaining power is entitled, however, to take such measures as are necessary to ensure the security of the facility and the detainees in accordance with international law. The Council welcomes the fact that the International Committee of the Red Cross has been

granted full access to the detainees and will be in a position to exercise its mandate, as it also welcomes the assurances given by the US authorities that they will treat all detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Convention. President Bush made a public statement on this subject on 31 January 2002.

In the conclusions on human rights relating to the session of the CHR in Geneva, adopted by the General Affairs Council on 11 and 12 March 2002, the Council recalled the attachment of the European Union to the permanent duty of all States to protect and promote human rights, fundamental freedoms and humanitarian law and to comply with international engagements subscribed on these matters. While supporting the bringing of suspected terrorists to justice and reaffirming that terrorism represents a threat to Europe as well as others, the Council made a point of emphasising its full conviction, especially after the tragic events of last September, that the fight against terrorism must respect human rights and the rule of law.