Activities of Mark DEMESMAEKER related to 2013/2169(INI)
Shadow reports (1)
REPORT on the eradication of torture in the world PDF (277 KB) DOC (147 KB)
Amendments (39)
Amendment 7 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
Amendment 9 #
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the Statute of the International Criminal Court,
Amendment 11 #
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
- having regard to the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol)1, __________________ 1 Published by the Office of the UN High Commissioner for Human Rights, Geneva, http://www.ohchr.org/Documents/Publica tions/training8Rev1en.pdf.
Amendment 12 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 15 December 2011 on detention conditions in the EU1, __________________ 1 Texts adopted, P7_TA(2011)0585.
Amendment 13 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to its study on "The Implementation of the EU Guidelines on torture and other cruel, inhuman or degrading treatment or punishment" (PE 348.584) of April 20071, __________________ 1 http://www.europarl.europa.eu/RegData/e tudes/etudes/join/2007/348584/EXPO- DROI_ET(2007)348584_EN.pdf.
Amendment 25 #
Motion for a resolution
Recital F
Recital F
F. whereas the erosion of the absolute prohibition of torture remains a persistent challenge in the context of anti-terrorism measures in many countries, including EU Member States;
Amendment 27 #
Motion for a resolution
Recital G
Recital G
G. whereas there are significant policy challenges when addressing emerging forms of torture that targetthe specific protection needs of vulnerable groups, in particular children;
Amendment 31 #
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 33 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Pays tribute to all those civil society organisations, national human rights institutions, national preventive mechanisms and individuals striving to provide redress and reparation to victims, fighting impunity and actively preventing the scourge of torture and ill-treatment around the world;
Amendment 35 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Denounces the continued prevalence of torture and other forms of ill-treatment throughout the world and reiterates its absolute condemnation of such acts, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified; Observes that the implementation of the EU Guidelines on Torture remains insufficient and at odds with EU statements and commitments to address torture as a matter of priority; urges the EEAS and the Member States to give renewed impetus to the implementation of these Guidelines, notably by identifying priorities, best practices and public diplomacy opportunities, consulting relevant stakeholders, including civil society organisations, and by reviewing the implementation of the torture-related issues in the EU Action Plan on Democracy and Human Rights; in this regard, calls for the full and timely implementation of the three actions related to the eradication of torture in the EU Action Plan;
Amendment 37 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends that a forthcoming revision of the EU Action Plan on Democracy and Human Rights should define more ambitious and specific actions for the eradication of torture, such as more efficient information and burden-sharing, training and joint initiatives with UN field offices and other international actors, such as the Organisation for Security and Co- operation in Europe (OSCE) and the Council of Europe and the support to the establishment and strengthening of regional torture prevention mechanisms;
Amendment 39 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fact that the EU Guidelines reflect a holistic policy approach, including the promotion of an adequate legislative and judicial framework for the effective prevention and prohibition of torture, the monitoring of places of detention, addressing impunity, and the full and effective rehabilitation of torture victims, backed up by credible, consistent and coherent action;
Amendment 44 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission, the European External Action Service (EEAS) and the Member States to undertake periodican annual reviews of the implementation of Council Regulation (EC) No 1236/2005 banning the trade of torture and capital punishment equipment, as well as to promote this regulation worldwide as a viable model for enforcing an effective ban on torture tools;
Amendment 45 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates Parliament’s earlier call for the insertion of a ‘catch-all torture etorture end-use catch-all clause’ into the regulation and- clause’ intoalls for the "brokering" and "promotion of annex-listed equipment" to be added to the activities controlled by the regulation;
Amendment 48 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the control of 'technical assistance ' to be extended to cover the use of torture tools, 'torture techniques' or any goods listed in the Annexes of the regulation;
Amendment 49 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 53 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with grave concern the existence of secret detention centres and the practice of incommunicado detention and prolonged solitary confinement in several countries, which represent some of the most worrying examples of torture and ill- treatment; believes that these cases should be systematically raised in statements and démarches and included in the individual cases list at human rights dialogues and consultations;
Amendment 62 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call on the US authorities to close the Guantánamo Bay detention camp immediately and prohibit the use of torture and ill-treatment in all circumstances; in line with repeated commitments to do so; continues to be dismayed by the detention conditions of the Guantanamo prisoners, which constitute cruel and inhuman treatment and punishment, as stated inter alia by the UN Special Rapporteur on Torture; calls for an end to the indefinite detention of persons by providing for their release or prosecution and to cease all practices of incommunicado detention as well as secret detention;
Amendment 75 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that a generCalls for the adoption of a practical guide for parliamentarians on visiting places of detention in third countries would be a useful tool in the context of regular European Parliament delegation visits to prisons and other places of detentionthird countries;
Amendment 81 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that in an increasingly globalised world characterised by violence and commercialisation, children are subject to more diverse forms of tortuExpresses its particular concern regarding acts of torture and ill-treatment committed against members of vulnerable groups, notably children; calls for the EU to undertake political, diplomatic and financial measures to prevent torture aimed at children;
Amendment 85 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the EU to address types of torture affectingvarious forms of violence against children, especially linked to child trafficking, child pornography, child soldiers, children in military detention, child labour, child witchcraft, and other vulnerable groups of children, including in orphanages, detention centres and refugee camps;
Amendment 90 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 91 #
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 114 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the EEAS and EU delegations to make full but carefully targeted and country-specific use of the political instruments at their disposal and foreseen under the EU Guidelines on Torture, including public statements, local démarches, human rights dialogues and consultations; calls on the EEAS and Member States to resume their past practice of carrying out targeted global campaigns on thematic issues in relation to torture;
Amendment 117 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Urges the EU Delegations and Member States Embassies throughout the world to mark the International Day in Support of Victims of Torture on 26 June by organizing seminars, exhibitions and other events;
Amendment 120 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the EEAS to systematically includraise torture and ill-treatment in EU human rights dialogues and consultations as stand-alone items or under judiciary and security sector reformwith third countries;
Amendment 125 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on EU delegations to carry out prison visitsvisits to prisons and other places of detention and to observe trials where there is reason to believe that defendants may have been subjected to torture or ill- treatment and ask for information on and the independent investigation of individual cases;
Amendment 128 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the EEAS, the Commission and the Member States to meet their commitment in the Action Plan on Human Rights to facilitate the establishment and functioning of independent and effective National Preventive Mechanisms (NPMs); calls on Member States to identify best practices among the existing NPMs and national human rights institutions in the EU and in third countries, with a view to promoting these examples to partner countries;
Amendment 130 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Considers that the death penalty, as a violation of the right to personal integrity and human dignity, is incompatible with the prohibition of cruel, inhuman or degrading punishment under international law and calls on the EEAS and the Member States to formally acknowledge this incompatibility and to adapt EU policy towards capital punishment accordingly;
Amendment 132 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Is deeply concerned by recent reports of EU-based companies supplying chemicals used for lethal injection drugs in the USA; in this regard, welcomes the development by some European pharmaceutical companies of a contractual export and control system, aiming at ensuring that their product Propofol is not used for lethal injections in countries still applying the death penalty, notably the USA;
Amendment 138 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on the EEAS, the Commission and Member States to support the establishment and functioning of regional torture prevention mechanisms, including the Committee for the Prevention of Torture in Africa and the Rapporteur on Persons Deprived of their Liberty in the Americas;
Amendment 140 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the EEAS to systematically provideand the Commission to step up their support to third countries, enabling them to effectively implement the recommendations of the relevant UN treaty bodies, including the Committee against Torture and the Subcommittee on the Prevention of Torture, the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women;
Amendment 149 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on all Member States that have yet to ratify the OPCAT to do so as a matter of priority; also calls on the 21 Member States, which have yet to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, to do so as a matter of urgency;
Amendment 152 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Reiterates its call on those Member States which have not fulfilled their positive obligation to conduct independent and effective inquiries to investigate human rights violations in relation to the CIA rendition flights, taking into account all the new evidence that has come to light; calls in particular on the Member States to investigate whether operations have taken place whereby people have been held under the CIA programme in secret facilities on their territory; calls on the Member States concerned (France, Italy, Lithuania, Poland, Romania and Sweden) to respond to the letters sent by the UN Special Procedures;
Amendment 155 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Regrets the very limited support provided by EU and non-EU state parties to the UN- managed Special Fund for Torture Victims under the OPCATMember States to the UN Voluntary Fund for Victims of Torture and the OPCAT special Fund; calls on the Member States and the Commission to support the work of the Special Fund for Torture Victimse funds through substantial and regular voluntary contributions, in line with their commitments under the EU Action Plan on Human Rights;
Amendment 159 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Recalls the obligation of all States, notably EU Member States, to strictly adhere to the principle of non- refoulement, under which States must not deport or extradite a person to a jurisdiction where he or she runs the risk of persecution; considers that the practice of seeking diplomatic assurances from the receiving State does not relieve the sending State of its obligations and denounces such practices which seek to circumvent the absolute prohibition of torture and refoulement;
Amendment 162 #
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Regrets that very few Member States have actually exercised universal jurisdiction over crimes of torture, in spite of their obligation under the UN Convention Against Torture to prosecute any alleged offender present on their territory; calls on the European Commission to promote the exercise of universal jurisdiction among Member States;
Amendment 163 #
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Calls on Member States to refuse information obtained by torture in their engagement with third countries as an important disincentive to torture, and to require in their intelligence sharing agreements with third countries that persons being interrogated overseas are detained and interrogated in conformity with international standards;
Amendment 164 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Council and Commission to complete the current review of Council Regulation (EC) No 1236/2005, including its annexes, with a view to more effective implementation in line with Parliament’s recommendations set out in its resolution of 17 June 2010 on the implementation of Council Regulation (EC) No 1236/2005; calls on Member States to fully comply with the provisions of the Regulation, in particular with the obligation of all Member States under Article 13 of Council Regulation (EC) No 1236/2005 to compile timely annual activity reports and to make them public, and to share information between Member States and the Commission regarding licensing decisions;