28 Amendments of Norica NICOLAI related to 2012/2033(INI)
Amendment 1 #
Motion for a resolution
Citation 1
Citation 1
Amendment 8 #
Motion for a resolution
Citation 25
Citation 25
Amendment 10 #
Motion for a resolution
Citation 28
Citation 28
Amendment 12 #
Motion for a resolution
Citation 31
Citation 31
– having regard to the ongoing national inquiries into Member States‘ involvement in the CIA rendition and secret detention programme which are being conducted in Poland, Denmark, Finland, the United Kingdom and Spain, and to the national inquiries into Member States’ involvement in the CIA rendition and secret detention programme that have already been conducted inter alia in Lithuania, Romania, Poland, Germany, Sweden, the United Kingdom, Denmark, Italy and Spain,
Amendment 20 #
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the conclusions of the national inquiries already conducted in some Member States,
Amendment 22 #
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 CIA, and Parliament has since repeated its demand for full investigations into the collaboration of national governments and agencies with the CIA programme;
Amendment 25 #
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 ;
Amendment 27 #
Motion for a resolution
Recital C
Recital C
C. whereas a proper accountability process is essentmay be important for public opinion and the medial 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;
Amendment 28 #
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 hwas so far fainot abled to recognise and condemn the involvement of Member States in the CIA programme, based on solid judicial evidence, even though the use of European airspace and territory by the CIA has been informally acknowledged by political and judicial authorities offigures of some Member States;
Amendment 32 #
Motion for a resolution
Recital E
Recital E
E. whereas there are enduringalleged human rights violations due to the CIA programme, as evidenc have been signalled, 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 34 #
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 concretsome 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 41 #
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 (*)2, 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,' rendition, ‘Inside Romania’s secret CIA prison’, The Independent, 9.12.2011. ‘Inside Romania’s secret CIA prison’, The Independent, 9.12.2011. secret detention and torture; 1 2
Amendment 48 #
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 59 #
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 65 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the failurelack of commitment of 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 thusmay becomes the responsibility of the EU as a whole;
Amendment 69 #
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 79 #
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 80 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges those Member States to establish the truth concerning their involvement in the CIA programme andhat have not meet 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 to do so taking into account all the new evidencelements that has come to lightve emerged;
Amendment 88 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 92 #
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, but recommends further inquiries, based on solid judicial evidence, in the light of the newly emerged elements, noting that a parliamentary inquiry lacks the broader powers of a full judicial investigation;
Amendment 93 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes the fact that national investigations into the matter have been hampered by the Member States respecting the rules of the Chicago Convention on International Civil Aviation, which regulates access inside aircraft belonging to another state and foresees it only within very particular conditions;
Amendment 109 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Acknowledges that these measures have to be taken on the basis of solid judicial evidence, not just on media and public opinion speculation, and be based on the respect of Member States judicial systems and EU law;
Amendment 115 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expects the Council to finally issue a declaration acknowledging and apologising forthe alleged involvement of some Member States‘' involvement in the CIA programme;
Amendment 117 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Council to give its full support to the truth-finding and accountability processes in the Member States, by formally addressing the issue at JHA meetings,in the Member States, by sharing all information, providing assistance to inquiries and, in particular, acceding to requests for access to documents;
Amendment 127 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to adopt within a year a framework, including possible reporting requirements for Member States, for monitoring and supporting national accountability processes, including guidelines on human rights-compliant inquiries, to be based on the standards developed at Council of Europe and UN levels and in full respect of national and EU law;
Amendment 130 #
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 139 #
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 141 #
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;