WRITTEN QUESTION E-0392/02 by Charles Tannock (PPE-DE) to the Commission. The application of the Geneva Conventions regarding prisoners of war.
Date: 2002-02-20
Institutions: European Parliament, Provisional data
Subjects: United States, cruel and degrading treatment, international human rights law, interpretation of the law, prison system, prisoner of war, terrorism

5.12.2002

EN

Official Journal of the European Communities

C 301 E/31

Can the Commission explain why the post of head of unit has remained vacant for so long, and when a
fresh appointment can be expected? Why is information otherwise available free of charge not made
available to the EDCs? How will the Commission involve the EDCs in the European Union’s future
information policy in a way commensurate with their importance, and what will it do to allay the concern
felt by many staff regarding the future of the centres?

(1)

(COM(2001) 354 final).

Answer given by Mr Prodi on behalf of the Commission

(22 March 2002)

The post of head of unit was filled in January 2002 and the new head of unit is continuing to develop a
strong working relationship between the European Documentation Centres (EDCs) and the Commission.

EDCs have preferential access to the Commission’s data base and to all documents published by the Office
for Official Publications of the European Communities (OPOCE), free of charge. The only exception is the
Official Journal for which the usual charge is made. In recent years the OPOCE has made its publications
available to the EDCs on line rather than in paper form in order to enable quicker access to documents
and to cut down on distribution costs.

The Commission continues to believe that ‘the EDCs are key information points’ and they will certainly be
an important part of the Union’s future information policy.

(2002/C 301 E/030)

WRITTEN QUESTION E-0237/02

by Anna Karamanou (PSE) to the Commission

(6 February 2002)

Subject: Concern over the 110 prisoners in Guantanamo

The treatment of the 110 prisoners in the American Guantanamo base in Cuba who are thought to have
had links with the al-Qa’ida network has aroused world-wide indignation. Various international bodies and
non-governmental organisations have protested about both the inhumane transportation and detention
conditions of those in the American base, and the legal regime under which they are being held.

What steps does the Commission intend to take to ensure that the conditions of transportation and
detention of the prisoners in Cuba are investigated and that a competent tribunal pronounces on the legal
status of the detainees and, in particular, whether they are entitled under the provisions of the Third
Geneva Convention to prisoner of war status? How will it ensure that, in any case, their human rights are
fully respected and they are treated humanely,
in accordance with the Geneva Convention and the
International Covenant on Civil and Political Rights?

(2002/C 301 E/031)

WRITTEN QUESTION E-0392/02

by Charles Tannock (PPE-DE) to the Commission

(20 February 2002)

Subject: The application of the Geneva Conventions regarding prisoners of war

Does the Commission believe that members of terrorist organisations such as Al-Qaeda fall within the
category of ‘prisoner of war’ under the terms of the 1949 Geneva Convention relative to the Treatment of
Prisoners of War, bearing in mind the requirement under Part 1 Article 4 that prisoners of war must be
‘Members of the armed forces of a Party to the conflict as well as members or militias or volunteer corps
forming part of such armed forces’ or ‘Members of other militias and members of other volunteer corps,

C 301 E/32

Official Journal of the European Communities

EN

5.12.2002

including those of organised resistance movements, belonging to a Party to the conflict and operating in or
outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps,
including such organised resistance movements,’ fulfil, inter alia, the following conditions:

(cid:1) that of having a fixed distinctive sign recognisable at a distance;

(cid:1) that of conducting their operations in accordance with the laws and customs of war;

or does the Commission believe that the American Government is correct to say that the prisoners
currently being held at the American Naval Base at Guantánamo Bay fall outside the definition of
‘prisoners of war’, and can thus be interrogated, even if they must be treated humanely under customary
international law?

Joint answer
to Written Questions E-0237/02 and E-0392/02
given by Mr Patten on behalf of the Commission

(7 March 2002)

It is not for the Commission to determine whether or not an individual detainee falls within the scope of
the Geneva Convention.

Nevertheless, the Commission notes that the United States announced on 7 February 2002 that the Geneva
Convention will apply to detainees at the Guantanamo Bay base (‘Camp X-Ray’) classified as Taliban
soldiers. However, the United States continues to view those detainees belonging to Al Qaeda as falling
outside the scope of the Geneva Convention.

The Commission also notes that the United States has nevertheless undertaken to treat all detainees in
conformity with the requirements of the Geneva Convention, and that the United States has accepted the
majority of the recommendations made by the International Red Cross regarding the improvement of
conditions for the detainees.

Furthermore, the Commission notes that the representatives of the International Committee of the Red
Cross and of the British government who have visited Camp X-Ray have confirmed that detainees are
being treated in conformity with international humanitarian law.

The Commission is following developments in the treatment of detainees during their transportation to
and detention at Camp X-Ray, through close contacts with the authorities of Member States as well as
non-governmental organisations (NGOs) with access to the detention centre.

The Union also maintains a regular dialogue with the United States in the field of human rights.

(2002/C 301 E/032)

WRITTEN QUESTION E-0243/02

by Karla Peijs (PPE-DE) to the Commission

(6 February 2002)

Subject: Customs issues

The international removals industry, mainly comprised of SMEs,
is facing a major problem which
undermines its business efficiency and illustrates a lack of a level playing field in customs matters.
Removals coming from other continents can be more easily imported by way of the UK than by way of
any other port in the EU, where a T-form must be established at point of entry and the consignment has
to be cleared through customs at final destination using all documents necessary to prove the primary
residence.

Is the Commission aware of this problem, which breaches fair competition between removals companies?