Activities of Elena BĂSESCU related to 2012/2033(INI)
Plenary speeches (1)
Alleged transportation and illegal detention of prisoners in European countries by the CIA (debate)
Shadow opinions (1)
OPINION on the alleged transportation and illegal detention of prisoners in European countries by the CIA: follow-up of the EP TDIP Committee report
Amendments (37)
Amendment 2 #
Draft opinion
Recital A
Recital A
A. whereas the European Union is founded on commitment to the rule of law and human rights, not only in its internal policies, but also in its externally dimension;
Amendment 2 #
Motion for a resolution
Citation 1
Citation 1
– having regard to the Treaty on European Union, in particular Articles 2, 3, 4, 6, 7 and 21 thereofEU Treaties,
Amendment 7 #
Motion for a resolution
Citation 25
Citation 25
Amendment 8 #
Draft opinion
Recital D
Recital D
D. whereas EU-US relations are based on a strong partnership and cooperation in many fields, on the basis of common shared values of democracy, the rule of law and fundamental rights; whereas the EU and the United States have strengthened their engagement in the fight against terrorism since the terrorist attacks of 11 September 2001, notably with the Joint Declaration on Counter Terrorism of 3 June 2010, but whereas it has became apparent that there is a divergence between declared commitments and practices, and between EU and US policies in the fight against terrorism;
Amendment 9 #
Motion for a resolution
Citation 28
Citation 28
Amendment 13 #
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
- having regard to the conclusions of the national inquiries already conducted in some Member States,
Amendment 21 #
Draft opinion
Recital E
Recital E
E. whereas the European Parliament has repeatedly and strongly condemned the alleged illegal practices that came to be known collectively as ‘extraordinary rendition’, including kidnapping, abduction, detention without trial (such as in Guantanamo), disappearance, secret prisons and torture, and has demanded full investigations into the apparent active or passive involvement of some Member States in collaboration with United States authorities, notably the CIA, and involving EU territory;
Amendment 21 #
Motion for a resolution
Recital A
Recital A
A. whereas Parliament has condemned the US-led CIA rendition and secret detention programme involving multippossible human rights violations, including unlawful and arbitrary detention, torture and other ill- treatment, violations of the non- refoulement principle, and enforced disappearance; whereas its Temporary Committee on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (hereinafter the ‘Temporary Committee’) has documented the use of European airspace and territory by the CIAallegedly CIA planes, and Parliament has since repeated its demand for full investigations into the collaboration of national governments and agencies with the CIA programme;
Amendment 22 #
Draft opinion
Recital F
Recital F
Amendment 24 #
Motion for a resolution
Recital B
Recital B
B. whereas the purpose of this resolution is to ‘follow up politically the proceedings of the Temporary Committee and to monitor the developments, and in particular, in the event that no appropriate action has been taken by the Council and/or the Commission, to determine whether there is a clear risk, at the moment, of a serious breach of the principles and values on which the European Union is based, and to recommend to it any resolution, taking as a basis Articles 6 and 7 of the Treaty on European Union, which may prove necessary in this context’1; 1 Paragraph 232 of Parliament’s resolution of 14.2.2007, P6_TA(2007)0032.; Or. en
Amendment 25 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that counter-terrorism strategies can only be fully effective if they are conducted in compliance with human rights obligations and implemented through a due process;
Amendment 26 #
Motion for a resolution
Recital C
Recital C
C. whereas a proper accountability process is essentialmay be important to the public opinion and media in order to preservenforce citizens‘ trust in the democratic institutions of the EU, effectively protect and promote human rights in the EU's internal and external policies, and ensure legitimate and effective security policies based on the rule of law; 1Or. en Paragraph 232 of Parliament’s resolution of 14.2.2007, P6_TA(2007)0032.
Amendment 29 #
Motion for a resolution
Recital D
Recital D
D. whereas the Council admitted on 15 September 2006 that ‘the existence of secret detention facilities where detained persons are kept in a legal vacuum is not in conformity with international humanitarian law and international criminal law’, but given the lack of solid judicial evidence has so far failed to recognise and condemn the involvement of Member States in the CIA programme, even though the use of European airspace and territory by the CIA has been acknowledged by political and judicial authorities of some Member States;
Amendment 31 #
Motion for a resolution
Recital E
Recital E
E. whereas there are enduringallegations have been reported of human rights violations due to the CIA programme, as evidencxemplified in particular by the ongoing administrative detention in Guantánamo Bay of Mr Abu Zubaydah and Mr Al-Nashiri, who have been granted victim status in the Polish criminal investigation into CIA secret prisons;
Amendment 32 #
Draft opinion
Paragraph 3
Paragraph 3
3. Regards it as essential that the EU ensures accountability ifor any abusive practices had been conducted in the fight against terrorism, not only so that the EU can live up to its values but also so that it can establish an international lead in this matter;
Amendment 33 #
Motion for a resolution
Recital F
Recital F
F. whereas research by the UN, the Council of Europe and civil society has brought to light new concrete information on the possible location of secret CIA detention sites in Europe, rendition flights through European airspace, and persons transported or detained, although no solid judicial evidence has been produced;
Amendment 36 #
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates its call, required by international law and notably Article 12 of the CAT, for all states faced with credible allegations to end impunity andmake every effort in order to bring the necessary clarifications and, if justified by the evidence, to conduct thorough investigations and inquiries into all alleged acts of extraordinary rendition, secret prisons, torture and other serious human rights violations, so as to eliminate all doubts or to determine responsibility and ensure accountability, including bringing individuals to justice where there is evidence of criminal liability;
Amendment 42 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges NATO andCalls on the United States and NATO authorities to conduct their own investigations, collaborate fully with EU and Member State parliamentary or judicial inquiries on these issues1, disclose information on extraordinary rendition programmes, and clarifyreconfirm that all NATO agreements and NATO-EU and other transatlantic arrangements comply with fundamental rights; ______________ 1 See inter alia European Parliament resolution of 9 June 2011 on Guantánamo: imminent death penalty decision (P7_TA(2011)0271).
Amendment 42 #
Motion for a resolution
Recital G
Recital G
G. whereas the 2011 Council of Europe report states that the data obtained from the Polish agencies in 2009 and 2010 ‘provide definite proof’ that seven CIA-associated aircraft landed in Poland; whereas a possible ‘black site’ was identifipointed to have been located in Romania by journalists on the basis of information provided by former CIA employees in the Romanian national registry office for classified information (*)1 , although not confirmed by authorities or by the inquiry already conducted by the Romanian Parliament; whereas former Libyan dissidents have started legal proceedings against the UK for the direct involvement of MI6 in their own and their family members‘ rendition, secret detention and torture;
Amendment 47 #
Motion for a resolution
Recital I
Recital I
I. whereas research and court findings on the logistics involved in covering up these alleged illegal operations, including dummy flight plans and the use of private aviation companies to conduct CIA renditions, have further revealed the systematic nature and the extent of the European involvement in the CIA programme;
Amendment 50 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the relevant authorities to end the habit of routinelynot invokinge state secrecy in relation to international intelligence cooperation to block accountability and redress, and insists that only genuine national security reasons can justify secrecy, which is in any case overridden by non-derogable fundamental rights obligations such as the absolute prohibition on torture;
Amendment 57 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that Member States have so far not properly fulfilledto abide by their positive obligation under international law to investigate seriousalleged human rights violations connected with the CIA programme and to afford full redress to victims;
Amendment 60 #
Draft opinion
Paragraph 8
Paragraph 8
8. Reaffirms that the international fight against terrorism and bilateral or multilateral international cooperation in this area, including in the framework of NATO or between intelligence and security services, must only be carried out with full respect for human rights and fundamental freedoms and with appropriate democratic and judicial oversight; calls on EU Member States, the Commission, the European External Action Service (EEAS) and the Council to ensure that these principles are applied in their foreign relations, and insists that they should make a thorough assessment of their counterparts‘ records on human rights before entering into any agreement, notably on intelligence cooperation and information-sharing;
Amendment 64 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the failure of some Member States to assume their responsibility to conduct inquiries that are fully compatible with their international obligations may undermines mutual trust in fundamental rights protection, and thus becomes the responsibility of the EU as a whole;
Amendment 67 #
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the United States, given the cardinal role of the transatlantic partnership and the United States‘ leadership in this area, to fully investigate and secure accountability for any abuses that it has practiced, end the war paradigm which has in practice led to legal black holes, end military trials, fully apply criminal law to terrorist suspects and restore review of detention and habeas corpus, due process, freedom from torture and non- discrimination between foreign and United States citizens;
Amendment 68 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates that the failurecommitment of Member States and the EU to reveal the truth aboutinvestigate European involvement in the CIA programme contravenesis in line with the principle of sincere and loyal cooperation enshrined in Article 4(3) of the TEU;
Amendment 78 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concerns regarding the obstacles encountered by national investigations into some Member States‘ involvement in the CIA programme, as documented in detail by the 2011 Council of Europe report on abuse of state secrecy and national security;
Amendment 81 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges those Member States to establish the truth concerning their involvement in the CIA programme and mehat have not met their obligation to investigate alleged human rights violations by conducting independent and effective inquiries,to establish the truth concerning their involvement in the CIA programme taking into account all the new evidencelements that has come to lightve emerged;
Amendment 87 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 91 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges the results of the investigation of the Romanian Parliament in 2008, which did not reveal any involvement of the Romanian authorities in the CIA programme;
Amendment 108 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Acknowledges that Member States investigations have to be based on solid judicial evidence and on the respect of national judicial systems and EU law, not just on media and public opinion speculation;
Amendment 113 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 116 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 126 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 129 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission, in the light of the institutional deficiencies revealed in the context of the CIA programme, to adopt within a year a communication reviewing the mechanism set out in Article 7 TEU; considers that this reform should be aimed at strengthening the EU's capacity to prevent and redress human rights violations at EU level when Member States are unable to meet their obligations at national level, and should provide for the strengthening of Parliament's role and a greater degree of independence as regards the conditions for its activationmeasures aimed at strengthening the EU's capacity to prevent and redress human rights violations at EU level and to provide for the strengthening of Parliament's role;
Amendment 138 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Undertakes to devote its next Joint Parliamentary Meeting with national parliaments to reviewing the role of parliaments in ensuring accountability for human rights violations in the context of the CIA programme, and to promoting stronger cooperation and regular exchange between national oversight bodies in charge of scrutinising intelligence services, in the presence of the relevant national authorities, EU institutions and agencies and in full respect of the national and EU law;
Amendment 140 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is determined to continue fulfilling the mandate given to it by the Temporary Committee, pursuant to Articles 2, 6 and 7 TEU;and instructs its Committee on Civil Liberties, Justice and Home Affairs, together with the Subcommittee on Human Rights, to address Parliament in plenary on the matter a year after the adoption of this resolution;