WRITTEN QUESTION E-3415/01

by Anna Karamanou (PSE) to the Commission

(21 December 2001)

Subject: Use of torture and inhumane treatment of terrorist suspects in the USA

The measures used to combat terrorism in the USA have already resulted in many cases in the violation of the fundamental rights of detainees. A number of reports by human rights organisations have noted that people arrested on suspicion of engaging in terrorist acts did not have access to a lawyer and were also deprived of the right to communicate with relatives. In some cases, moreover, according to the Secretary-General of the International Rehabilitation Council for Torture Victims, suspects are being tortured on the pretext of non-cooperation with the investigative authorities.

What is the position of the European Union on the violation of the principles of international law on human rights, and the International Convention against Torture, which the USA has ratified and which prohibits the use of torture or inhumane treatment to extract confessions from detainees, and how will the Commission respond to the risk of a similar state of affairs arising in the Member States of the EU?

Answer given by Mr Patten on behalf of the Commission

(11 February 2002)

Under Article 6 of the Treaty on the European Union, respect for human rights is one of the founding principles of the Union. The Union has consistently underlined its strong opposition to the practice of torture and its support for the relevant international standards. This is set out in Article 4 of the Charter of Fundamental Rights which states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment.

On 9 April 2001 the General Affairs Council adopted the Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment. These include guidance governing Union intervention in contacts with third countries (covering political dialogues, démarches and actions on individual cases) and in multilateral human rights fora. They emphasise that the Union will be guided by relevant international standards, including those enshrined in the United Nations (UN) Convention against torture and other cruel, inhuman or degrading treatment or punishment. The Union is also striving for a successful conclusion to the ongoing negotiations on a draft optional protocol to the UN Convention against torture which will seek, inter alia, to improve the monitoring of places of detention.

With respect to the treatment of detainees by the United States, the Commission is closely monitoring developments. The Union maintains a regular dialogue with the United States in the field of human rights.

Respect for fundamental rights by the Member States is ensured by the infringement proceedings provided for in Article 226 of the EC Treaty and by the procedure laid down in Article 7 of the Treaty on European Union. The former provides that if the alleged infringement

falls within the field of application of Community law, the Commission can bring the matter to the Court of Justice, which will determine whether the Member State concerned has failed to fulfil one of its obligations under the EC Treaty. The procedure under Article 7 of the TEU provides that the Commission or one third of the Member States may bring the matter to the Council, meeting at the level of Heads of State or Government, in the event of a serious and persistent breach by a Member State of the principles mentioned in Article 6 of the Treaty on European Union.