BETA


2009/2516(RSP) Resolution on the return and resettlement of the Guantánamo detention facility inmates

Progress: Procedure completed

Legal Basis:
RoP 132-p2

Events

2009/02/04
   EP - Results of vote in Parliament
2009/02/04
   EP - Decision by Parliament
Details

Following the debate which took place during the sitting of 3 February 2009, the European Parliament adopted by 542 votes to 55 with 51 abstentions, a resolution on the return and resettlement of the Guantánamo detention facility inmates. The resolution had been tabled for consideration in plenary by the EPP-ED, PES, ALDE, GUE/NGL, UEN, and Greens/ALE, groups. It strongly welcomes the decision by US President Barack Obama to close the detention facility at Guantánamo Bay, as well as other related executive orders, which mark an important change in the policy of the United States towards respect for humanitarian and international law. Parliament encourages the new administration to take further steps in this direction. A list published by the US authorities includes 759 past and present prisoners at Guantánamo, showing that 525 prisoners have been released, while 5 have died in custody, and there are now some 250 inmates at Guantánamo, of whom a number remain in Guantánamo simply because there is no country to which they can safely return - these are men who have never been charged and will not be charged by the United States with any crime.

Parliament recalls that the main responsibility for the whole process of closing the Guantánamo Bay detention facility and for the future of its inmates rests with the United States. It affirms nonetheless that the responsibility for respect for international law and fundamental rights rests with all democratic countries, particularly the Union and its Member States, which together represent a community of values. The United States is invited to ensure that Guantánamo detainees are granted their human rights and fundamental freedoms, on the basis of international and US constitutional law, and:

that any detainee against whom the United States has sufficient evidence is properly tried without delay in a fair and public hearing by a competent, independent, impartial tribunal and, if convicted, imprisoned in the United States, that any detainee who is not to be charged and who chooses voluntarily to be repatriated is returned to his home country as quickly and expeditiously as possible, that any detainee who is not to be charged but cannot be repatriated owing to a real risk of torture or persecution in his home country is given the opportunity to be admitted to the United States, offered humanitarian protection on the United States mainland and afforded redress.

Parliament calls on Member States, should the US administration so request, to cooperate in finding solutions, to be prepared to accept Guantánamo inmates in the Union, in order to help reinforce international law, and to provide, as a priority, fair and humane treatment for all. It recalls that Member States have a duty of loyal cooperation to consult each other regarding possible effects on public security throughout the Union.

Documents
2009/02/04
   EP - End of procedure in Parliament
2009/02/03
   EP - Motion for a resolution
Documents
2009/02/03
   EP - Motion for a resolution
Documents
2009/02/03
   EP - Motion for a resolution
Documents
2009/02/03
   Joint motion for resolution
Documents
2009/02/03
   EP - Debate in Parliament
Details

A motion for a resolution closing this debate was due to be put to the vote on 4 February 2009.

2009/01/26
   CSL - Debate in Council
Details

Ministers welcomed the decision by US President Barack Obama to close the Guantanamo detention centre within a year. Even if the primary responsibility for closing Guantanamo rests with the United States, Ministers discussed whether there were ways in which they could assist the United States, given the common interests in counter terrorism, human rights and the rule of law.

Ministers acknowledged that this raised a number of political, legal and security issues which need further study and consultation. The question of whether member states might accept former detainees is a national decision , but ministers agreed on the desirability of a common political response and so decided to explore the possibility of coordinated European action. The Justice and home affairs ministers will have to be involved in the matter.

Ministers will return to this subject when some of the elements have been further clarified.

Documents
2009/01/26
   CSL - Council Meeting

Documents

Activities

History

(these mark the time of scraping, not the official date of the change)

docs/0/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/B-6-2009-0066_EN.html
New
https://www.europarl.europa.eu/doceo/document/B-6-2009-0066_EN.html
docs/1/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/B-6-2009-0069_EN.html
New
https://www.europarl.europa.eu/doceo/document/B-6-2009-0069_EN.html
docs/2/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/B-6-2009-0070_EN.html
New
https://www.europarl.europa.eu/doceo/document/B-6-2009-0070_EN.html
docs/3/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/RC-6-2009-0066_EN.html
New
https://www.europarl.europa.eu/doceo/document/RC-6-2009-0066_EN.html
events/1
date
2009-02-03T00:00:00
type
Debate in Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/EN&reference=20090203&type=CRE title: Debate in Parliament
summary
A motion for a resolution closing this debate was due to be put to the vote on 4 February 2009.
events/1
date
2009-02-03T00:00:00
type
Debate in Parliament
body
EP
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090203&type=CRE title: Debate in Parliament
summary
events/3
date
2009-02-04T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-6-2009-0045_EN.html title: T6-0045/2009
summary
events/3
date
2009-02-04T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2009-0045_EN.html title: T6-0045/2009
summary
procedure/legal_basis/0
Rules of Procedure EP 132-p2
procedure/legal_basis/0
Rules of Procedure EP 123-p2
docs/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2009-66&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-6-2009-0066_EN.html
docs/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2009-69&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-6-2009-0069_EN.html
docs/2/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2009-70&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-6-2009-0070_EN.html
docs/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=P6-RC-2009-66&language=EN
New
http://www.europarl.europa.eu/doceo/document/RC-6-2009-0066_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-45
New
http://www.europarl.europa.eu/doceo/document/TA-6-2009-0045_EN.html
activities
  • body: CSL meeting_id: 2921 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2921*&MEET_DATE=26/01/2009 type: Debate in Council title: 2921 council: General Affairs date: 2009-01-26T00:00:00 type: Council Meeting
  • date: 2009-02-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090203&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2009-02-04T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16719&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-45 type: Decision by Parliament, 1st reading/single reading title: T6-0045/2009 body: EP type: Results of vote in Parliament
committees
    council
    • body: CSL type: Council Meeting council: General Affairs meeting_id: 2921 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2921*&MEET_DATE=26/01/2009 date: 2009-01-26T00:00:00
    docs
    • date: 2009-02-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2009-66&language=EN title: B6-0066/2009 type: Motion for a resolution body: EP
    • date: 2009-02-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2009-69&language=EN title: B6-0069/2009 type: Motion for a resolution body: EP
    • date: 2009-02-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2009-70&language=EN title: B6-0070/2009 type: Motion for a resolution body: EP
    • date: 2009-02-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=P6-RC-2009-66&language=EN title: RC-B6-0066/2009 type: Joint motion for resolution
    events
    • date: 2009-01-26T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2921*&MEET_DATE=26/01/2009 title: 2921 summary: Ministers welcomed the decision by US President Barack Obama to close the Guantanamo detention centre within a year. Even if the primary responsibility for closing Guantanamo rests with the United States, Ministers discussed whether there were ways in which they could assist the United States, given the common interests in counter terrorism, human rights and the rule of law. Ministers acknowledged that this raised a number of political, legal and security issues which need further study and consultation. The question of whether member states might accept former detainees is a national decision , but ministers agreed on the desirability of a common political response and so decided to explore the possibility of coordinated European action. The Justice and home affairs ministers will have to be involved in the matter. Ministers will return to this subject when some of the elements have been further clarified.
    • date: 2009-02-03T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090203&type=CRE title: Debate in Parliament summary:
    • date: 2009-02-04T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16719&l=en title: Results of vote in Parliament
    • date: 2009-02-04T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-45 title: T6-0045/2009 summary: Following the debate which took place during the sitting of 3 February 2009, the European Parliament adopted by 542 votes to 55 with 51 abstentions, a resolution on the return and resettlement of the Guantánamo detention facility inmates. The resolution had been tabled for consideration in plenary by the EPP-ED, PES, ALDE, GUE/NGL, UEN, and Greens/ALE, groups. It strongly welcomes the decision by US President Barack Obama to close the detention facility at Guantánamo Bay, as well as other related executive orders, which mark an important change in the policy of the United States towards respect for humanitarian and international law. Parliament encourages the new administration to take further steps in this direction. A list published by the US authorities includes 759 past and present prisoners at Guantánamo, showing that 525 prisoners have been released, while 5 have died in custody, and there are now some 250 inmates at Guantánamo, of whom a number remain in Guantánamo simply because there is no country to which they can safely return - these are men who have never been charged and will not be charged by the United States with any crime. Parliament recalls that the main responsibility for the whole process of closing the Guantánamo Bay detention facility and for the future of its inmates rests with the United States. It affirms nonetheless that the responsibility for respect for international law and fundamental rights rests with all democratic countries, particularly the Union and its Member States, which together represent a community of values. The United States is invited to ensure that Guantánamo detainees are granted their human rights and fundamental freedoms, on the basis of international and US constitutional law, and: that any detainee against whom the United States has sufficient evidence is properly tried without delay in a fair and public hearing by a competent, independent, impartial tribunal and, if convicted, imprisoned in the United States, that any detainee who is not to be charged and who chooses voluntarily to be repatriated is returned to his home country as quickly and expeditiously as possible, that any detainee who is not to be charged but cannot be repatriated owing to a real risk of torture or persecution in his home country is given the opportunity to be admitted to the United States, offered humanitarian protection on the United States mainland and afforded redress. Parliament calls on Member States, should the US administration so request, to cooperate in finding solutions, to be prepared to accept Guantánamo inmates in the Union, in order to help reinforce international law, and to provide, as a priority, fair and humane treatment for all. It recalls that Member States have a duty of loyal cooperation to consult each other regarding possible effects on public security throughout the Union.
    • date: 2009-02-04T00:00:00 type: End of procedure in Parliament body: EP
    links
    other
      procedure/legal_basis/0
      Rules of Procedure EP 123-p2
      procedure/legal_basis/0
      Rules of Procedure of the European Parliament EP 123-p2
      procedure/subject
      Old
      • 6.10.08 Fundamental freedoms, human rights, democracy in general
      New
      6.10.08
      Fundamental freedoms, human rights, democracy in general
      procedure/subtype
      Old
      Resolution on statements
      New
      Resolution on statement
      activities
      • body: CSL meeting_id: 2921 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2921*&MEET_DATE=26/01/2009 type: Debate in Council title: 2921 council: General Affairs date: 2009-01-26T00:00:00 type: Council Meeting
      • date: 2009-02-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090203&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
      • date: 2009-02-04T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16719&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-45 type: Decision by Parliament, 1st reading/single reading title: T6-0045/2009 body: EP type: Results of vote in Parliament
      committees
        links
        other
          procedure
          reference
          2009/2516(RSP)
          title
          Resolution on the return and resettlement of the Guantánamo detention facility inmates
          legal_basis
          Rules of Procedure of the European Parliament EP 123-p2
          stage_reached
          Procedure completed
          subtype
          Resolution on statements
          type
          RSP - Resolutions on topical subjects
          subject
          6.10.08 Fundamental freedoms, human rights, democracy in general