European Parliament resolution on the situation of prisoners at Guantanamo
Date: 2006-06-13
Institutions: European Parliament
Subjects: Cuba, United States, cruel and degrading treatment, human rights, international human rights law, prison system, terrorism

C 300 E/136

Tuesday 13 June 2006

P6_TA(2006)0254

Official Journal of the European Union

EN

9.12.2006

Situation of prisoners at Guantanamo

European Parliament resolution on the situation of prisoners at Guantanamo

The European Parliament,

— having regard to the Parliamentary Assembly of the Council of Europe resolution of 25 April 2005 on

the lawfulness of detentions by the United States in Guantanamo Bay,

— having regard to the report by the UN Commission on Human Rights of 15 February 2006 on Guant-
anamo, calling for the Guantanamo detention centre to be shut down without further delay and for the
remaining detainees to be either tried or released,

— having regard to the conclusions and recommendations of the UN Committee against Torture concern-

ing the United States of America published on 19 May 2006,

— having regard to the publication of the list of 759 past and present prisoners of Guantanamo Bay by
the US Defence Department on 15 May 2006, with no indication whether the list contains all the
detainees,

— having regard to the most recent figures from the US Government relating to numbers in detention at
Guantanamo, according to which approximately 275 detainees have been released, with 465 detainees
remaining, 133 of which are marked for release,

— having regard to its previous resolutions on the rights of detainees at Guantanamo to a fair trial and, in
particular, its resolution of 7 February 2002 on the detainees in Guantanamo Bay (1), its recommen-
dation to the Council of 10 March 2004 on the Guantanamo detainees' right to a fair trial (2) and its
resolution of 16 February 2006 on Guantanamo (3),

— having regard to its resolution of 18 May 2006 on the annual report on human rights in the world in

2005 and the EU's policy on the matter (4),

— having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (UNCAT), adopted by the United Nations General Assembly on 10 December 1984,

— having regard to the EU Guidelines on the fight against torture and on the death penalty, and its

Guidelines on human rights dialogues with third countries, adopted in 2001,

— having regard to the informal meeting of EU Foreign Ministers held in Vienna on 27-28 May 2006,

— having regard to the calls from the German Chancellor, the British Prime Minister and the UN Secre-

tary-General, amongst others, for the closure of the Guantanamo detention centre,

— having regard to Rule 103(4) of its Rules of Procedure,

A. mindful that the International Covenant on Civil and Political Rights provides that no-one should be
subjected to arbitrary detention and that deprivation of liberty must be based on grounds and pro-
cedures established by law, and urging all parties to apply its provisions,

B. whereas reports of abuse of detainees in US custody, suicide attempts by detainees and a prison revolt
at Guantanamo Bay are of significant concern; noting that the United States has taken only limited
steps to investigate and, where there is evidence, punish the personnel implicated,

(1) OJ C 284 E, 21.11.2002, p. 353.
(2) OJ C 102 E, 28.4.2004, p. 640.
(3) Texts Adopted, P6_TA(2006)0070.
(4) Texts Adopted, P6_TA(2006)0220.

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Official Journal of the European Union

C 300 E/137

Tuesday 13 June 2006

C. whereas the suicides of three detainees at Guantanamo Bay on 10 June 2006 have raised further inter-

national concerns about the detention facilities,

D. welcoming the fact that some detainees have been given the right to have access to private conference

with independent lawyers,

Reiterates its call on the US Administration to close the Guantanamo Bay detention facility and insists
1.
that every prisoner should be treated in accordance with international humanitarian law and, if charged,
tried without delay in a fair and public hearing by a competent, independent and impartial court of law or
international tribunal;

Condemns all forms of torture and ill-treatment and reiterates the need to comply with international

2.
law;

Calls on the US authorities to implement the recommendations of the UN Committee against Torture
3.
and to ensure that ‘special interrogation techniques’, including methods involving sexual humiliation, ‘water
boarding’,
‘short shackling’ and using dogs to induce fear, that constitute torture or cruel,
inhuman or
degrading treatment, are not used;

4.
Calls on the US Government to grant unimpeded access to the detainees at Guantanamo Bay for the
respective UN bodies and international human rights organisations; notes that the International Committee
of the Red Cross has been the only international organisation to have official access to the detainees;

5.
Notes that the US military has made significant efforts to ensure that detainees are held in better
conditions than before, in particular with respect to medical care, nutrition, the expression and exercise of
their religious rights and recreation;

Takes the view that improvements in detention conditions do not tackle the real problem, which is

6.
that a violation of the rule of law, international law and human rights standards is the real concern;

Regrets the apparent plans in the US Defence Department to delete a line in the regulations for the
7.
treatment of detainees that prohibits humiliating treatment and to delete the explicit reference to the Geneva
Conventions and UNCAT in the US army's rule book for interrogations;

Notes that the USA defines the fight against terror as ‘war’, yet does not acknowledge the rights of
8.
detainees, which are based upon the Geneva Conventions; takes the view that, despite the particular nature
of the fight against terror, international law must be applied;

Notes that the construction of the new camp 6, which is to be opened in August 2006 and will
9.
feature the most modern equipment but no windows, does not indicate the likelihood of an early closure
of the site;

Calls on the US authorities to ensure that all allegations of torture and other ill-treatment involving

10.
US personnel are subject to prompt, thorough and credible investigation and trial;

Calls on the US Government to clarify whether minors have been or are still held in Guantanamo in

11.
contravention of the UN Convention on the Rights of the Child;

Calls on the US authorities to ensure that released detainees are not returned to any state where they

12.
could face a risk of being tortured or subjected to cruel, inhuman and degrading treatment;

13.
Stresses that contemporary terrorism, particularly global terrorism directed against states and their
populations, poses a threat to the basic and fundamental human rights our societies enjoy; reiterates its
belief that the fight against terrorism, which is one of the priorities of the EU and the US, cannot be
waged at the expense of established basic, shared values such as respect for human rights and the rule of
law;

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Tuesday 13 June 2006

Official Journal of the European Union

EN

9.12.2006

Takes the view that disregarding international

14.
weakens credibility and power in the fight against terror;

law in the proclaimed ‘war against terror’ severely

15.
Calls on the EU to have a common approach for the EU-US Summit and to institute a joint action
calling on the US Government to close the Guantanamo Bay detention centre and act in accordance with
international law regarding the treatment of detainees;

16.
Suggests, following the advice of the delegation of Members of the European Parliament that recently
visited Guantanamo, that an ad hoc delegation be sent to Guantanamo when Parliament considers it necess-
ary and appropriate;

17.
Instructs its President to forward this resolution to the Council, the Commission, the High Represen-
tative for the CFSP, the parliaments of the Member States, the United Nations Secretary-General, the Secre-
tary-General and President of the Parliamentary Assembly of the Council of Europe and the President and
Congress of the United States of America.

P6_TA(2006)0255

Deliberations of the Committee on Petitions (2004-2005)

European Parliament resolution on the deliberations of the Committee on Petitions during the
parliamentary year March 2004 — December 2005 (2005/2135(INI))

The European Parliament,

— having regard to its previous resolutions on the deliberations of the Committee on Petitions,

— having regard to the Interinstitutional Agreement of April 1989 on strengthening the right of peti-

tion (1),

— having regard to Articles 21 and 194 of the EC Treaty,

— having regard to Rules 45 and 192(6) of its Rules of Procedure,

— having regard to the report of the Committee on Petitions (A6-0178/2006),

A. whereas the right to petition is a fundamental right inextricably linked with citizenship of the European

Union,

B. whereas the right to petition has been enshrined in the EC Treaty since 1992 and is confirmed in the
Article 44 of the Charter of Fundamental Rights of the European Union and in Rule 191 of the Rules of
Procedure of the European Parliament,

C. whereas Parliament, the Council and the Commission have formally confirmed the right to petition and

have provided a guarantee regarding inter-institutional follow-up on petitions,

D. whereas the exercise of this right is important for EU citizens in particular, but also for the European
institutions, because it allows them to benefit from a direct source of information regarding the con-
cerns and difficulties encountered by ordinary citizens following the application of EU legislation,

E. whereas Parliament regards petitions as a means by which it may improve its political oversight and
control over the actions of the EU and the way in which the EU's policies are transposed and imple-
mented by EU, national, regional and local authorities,

(1) OJ C 120, 12.4.1989, p. 90.