WRITTEN QUESTION E-0471/02 by Carmen Cerdeira Morterero (PSE) to the Council. Treatment of European prisoners in Guantanamo.
Date: 2002-02-22
Institutions: European Parliament, Provisional data
Subjects: Afghanistan, Europe, Red Cross, United States, cruel and degrading treatment, human rights, international law, nationality, prison system, prisoner of war

14.11.2002

EN

Official Journal of the European Communities

C 277 E/39

(2002/C 277 E/040)

WRITTEN QUESTION E-0391/02

by Charles Tannock (PPE-DE) to the Council

(20 February 2002)

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

Does the Council 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, 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:

/ that of having a fixed distinctive sign recognisable at a distance;

/ that of conducting their operations in accordance with the laws and customs of war;

or does the Council believe that the American Government is correct to say that the prisoners currently
being held at the American Naval Base at Guantanámo 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?

(2002/C 277 E/041)

WRITTEN QUESTION E-0471/02

by Carmen Cerdeira Morterero (PSE) to the Council

Subject: Treatment of European prisoners in Guantanamo

(22 February 2002)

It has been confirmed that European citizens are among the prisoners being held by the United States at
the Guantanamo military base. What measures will
the
conditions under which these European prisoners are being held are in line with the Geneva Convention
on prisoners of war? What are the Spanish Presidency’s views on the treatment received by these
prisoners? Does it intend to seek information from the United States Government on the situation of these
prisoners?

the Spanish Presidency take to verify that

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

(22 July 2002)

The Council
E-0168/02, E-0236/02, E-0239/02 and E-0263/02.

invites the Honourable Members to refer to the answer given to Written Questions

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

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Official Journal of the European Communities

EN

14.11.2002

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.

(2002/C 277 E/042)

WRITTEN QUESTION E-0381/02

by Isidoro Sánchez García (ELDR) to the Council

(20 February 2002)

Subject: Import controls on Moroccan tomatoes

The chairman of the organisation of farmers and stock-breeders of Tenerife (ASAGA), Fernando Jiménez,
recently asked the Spanish Agriculture Minister, Miguel Aria Canete, that the European Union should
in his opinion, controls are
imports of Moroccan tomatoes since,
exercise stricter controls over
systematically ignored, causing producers in the Canary Islands problems as regards marketing outlets
and pricing.

What view does the Council take of this claim?

Reply

(22 July 2002)

On 24 January 2000 the Council adopted the Decision on the conclusion, on behalf of
the
European Community and the ECSC, of the Euro-Mediterranean Agreement establishing an association
between the European Communities and the Kingdom of Morocco (1). That Agreement entered into force
on 1 March 2000. Article 1(5) of Protocol 1 annexed thereto on the arrangements applying to imports
into the Community of agricultural products originating in Morocco lays down certain provisions
regarding tariff quotas for certain products, including tomatoes.

Where tomatoes are concerned,
following consultations under
Article 2(6) of the aforesaid Protocol, the Community decided on an autonomous increase of the quota
opened for Morocco, which was finally set at 168 757 tonnes for the period 1 October 2001 to 31 May
2002 (namely 150 676 tonnes under the Protocol and 18 081 tonnes on an autonomous basis) (2).

it should also be remembered that,

To obviate possible disturbances on the Community tomato markets, Morocco undertook in the context of
this Agreement to ensure that its total exports would not exceed the overall volume referred to above.

12 081 tonnes of the autonomous quota will be opened only provided Morocco’s total exports between
1 October 2001 and 31 March 2002 do not exceed 156 676 tonnes. Morocco has hitherto complied with
these limits.

The quantities Member States import on to the Community markets each week are notified on a weekly
basis to the Commission. For their part, the Moroccan authorities also submit weekly figures for their
exports of tomatoes to the Community. As a result, over and above the TAXUD supervision,
the
Commission has instruments enabling it to monitor day to day the quantities of tomatoes imported from
Morocco.