Activities of Ioan ENCIU related to 2012/2033(INI)
Plenary speeches (1)
Alleged transportation and illegal detention of prisoners in European countries by the CIA (debate)
Amendments (24)
Amendment 7 #
Motion for a resolution
Citation 25
Citation 25
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 #
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 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 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 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 39 #
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 ‘black site’ was identified in Romania bythere have been allegations by some journalists on the basis of alleged information provided by former CIA employees ion the Romanian national registry office for classified information1existence of an alleged ‘site’ in Romania; 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 56 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that some Member States have so far not properly fulfilledare still in the process of clarifying aspects connected to the allegations on the CIA programme, in conformity with their positive obligation under international law to investigate serious human rights violations connected with the CIA programme and to afford full redress to victims; notes that some Member States have completed internal investigation measures and encourages further efforts in the Member States where investigations have not been concluded;
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 70 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates that the failure of Member States and the EU to reveal the truthdisclosure of the truth by Member States as established by national inquiries about European involvement in the CIA programme contravenesfalls within the scope of 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 118 #
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, sharing all information, providing assistance to inquiries and, in particular, acceding to requests for access to documents;
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;