WRITTEN QUESTION E-1471/03 by Herman Schmid (GUE/NGL) to the Commission. Prisoners at Guantanamo Bay.
Date: 2003-04-30
Institutions: European Parliament, Provisional data
Subjects: EU relations, United States, cruel and degrading treatment, human rights, international human rights law, law of war, legal status, prison system, prisoner of war, right to justice, terrorism

8.4.2004

EN

Official Journal of the European Union

C 88 E/33

(2004/C 88 E/0035)

WRITTEN QUESTION E-1471/03

by Herman Schmid (GUE/NGL) to the Commission

(30 April 2003)

Subject: Prisoners at Guantanamo Bay

The prisoners at Guantanamo Bay in Cuba are in a legal vacuum. They are being deprived of the human
right to be defended in court. The US Administration has refused to designate them as prisoners of war,
a status that would entitle them to immunity from prosecution for many acts committed during war. The
US Administration contends that the prisoners are ‘unlawful combatants’, placing them in legal limbo.

Human rights organisations and some countries have criticised the US for not allowing prisoners access to
a civilian court.

What action is the European Union taking to ensure that its captured citizens in Guantanamo Bay enjoy
the right to be defended in court?

Does the European Union accept the prisoners’ new status as ‘unlawful combatants’ in the light of the
Geneva Convention?

Does the EU recognise any circumstances under which the use of unlawful methods, such as detaining
people in prisons for an unlimited period of time, is justified as part of the war against terrorism?

Answer given by Mr Patten on behalf of the Commission

(22 May 2003)

As regards specific action in favour of the legal rights of Union citizens detained in Guantanamo Bay, the
Commission notes that responsibility for any such action must rest with the relevant Member State.

With respect to the status, treatment and length of detention of prisoners, the Union has consistently
underlined (notably in the United Nations Commission on Human Rights (UNCHR) and the UN General
Assembly Third Committee) that efforts to combat terrorism must be conducted in full respect for the rule
of law, human rights, fundamental freedoms and humanitarian law. Moreover, in its statement on ‘Human
Rights in the World’ at the 59th CHR 2003, the Union emphasised that anti-terrorist measures must be
consistent with the unconditional prohibition of all forms of torture and cruel, inhuman or degrading
treatment ‘at all times and everywhere’. The unqualified nature of the Union’s position demonstrates that
the Union does not acknowledge any justification for derogating from respect for human rights whilst
fighting terrorism in any circumstances.

At the 59th CHR, the Union also supported the adoption of the Mexican Resolution on protecting human
rights when countering terrorism which includes provision for the UN High Commissioner for Human
Rights to examine the question of respect for human rights when fighting terrorism and to provide
recommendations and advice on States’ obligations in this regard.

The twice-yearly EU-United States troika dialogue on human rights provides the opportunity for
discussions on human rights’ concerns and, as the Union’s Annual Report on human rights for 2002
notes, this has afforded the Union the opportunity to raise the issue of the treatment of detainees in
Guantanamo.