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T D I P
Temporary Committee
on the alleged use of European countries
by the CIA
for the transport and illegal detention
of prisoners
Terrorist attacks
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War On Terror
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Reports & Inquiries
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Justification
• European Union's attachment to the principles of liberty, democracy and respect for human rights, fundamental freedoms and of the rule of law,
• Protection of fundamental rights is part of the constitutional order of the Community,
• Protecting human dignity is one of the key objectives of the Charter of Fundamental Rights of the European Union.
• …Was used by the CIA or the intelligence services of other third countries…
Mandate
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• If territory of the European Union, including candidate and associate countries…
• …For the transportation and illegal detention of prisoners.
TASK Collect and analyse information to find out whether:
• Intelligence services of other third countries have carried out detention at secret sites or torture or other degrading treatment,
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• Or have used the European territory for example through flights,
• If such actions could be considered a violation of European and international agreements concluded by the EU and its Member States,
• Or if any person entitled to protection from the EU, the Member States or the candidate countries have been among those involved in or subjected to alleged illegal activities,
• Member States, public officials, persons acting in an official capacity or EU institutions have been involved.
• To submit to the plenary any recommendation in this matter, to be drawn at European level as well as possible consequences for EU relations with third countries.
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Goal
• Cooperate with the Council of Europe and the UN High Commissioner for Human Rights, as well as with national parliaments,
• Present an interim report within four months,
Bureau
Rapporteur
Carlos COELHO
Chairman
Portugal, EPP
Deputy Chairpersons
Claudio FAVA
Italy, PSE
SarahLUDFORDUK, ALDE
Giorgos DIMITRAKO
POULOSGreece, EPP
Cem ÖZDEMIRGermany, GREENS
Political Co-ordination
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Activities
• Analyzing data:- victims’ testimonies and experts’ reports- legal documents- media and NGO reports
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• Informing and requesting information from:- Governments- International Organisations- National Parliaments
• Organizing:- public and in camera hearings- fact finding missions
Figures
• 14 hours of official sittings per month
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• 92 MEPs + Assistants + 6 Observers
• 2 reports
• 12 months
9 Staff
• Over 30 governments and parliaments to contact
• Almost 40 people have been officially interviewed
• Around 1000 articles in the press
Case of Mr. el MASRI
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• His passport was stamped on 23.01.2004,
• Travelled by bus from Germany to Skopje,
• When entering FYROM from Serbia has been stopped and interrogated at the border crossing – 31.12.2003,
• Has been taken against his will, by FYROM officials to a hotel in Skopje,
• Has been detained incommunicado and interrogated by FYROM & possibly US services for 3 weeks,
• Has left the hotel on 23.01.2004,
• Against his will has left from Skopje airport, with secret CIA flight, to Afghanistan,
the stamp is no clear enough, to say from where is it.
• Has entered FYROM as a free man,
• No information what was he doing in Skopje,
Has paid a hotel bill,
• Has left FYROM overland to Kosovo,
Case of Mr. el MASRI – FYROM stage
at Skopje airport.
The Draft Report
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• Presented by the Rapporteur - April
• Discussed by the Committee - May
• Voted by the Committee - June
• Voted by the Parliament - July
Work of the Committee shall be continued
Claudio FAVA
Italy, PSE
Human Rights in the report
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• Condemns the practice of “extraordinary renditions”,
• Serious violations of fundamental human rights,
• CIA has on several occasions been clearly responsible for the illegal abduction, detention, “extraordinary renditions”:- on the European territory,- in a number of cases, this has concerned EU nationals,
• CIA has used aircraft to secretly abduct, detain and transfer persons to hand them over to countries, which frequently use torture.
Governments’ Involvement in the report
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• Extraordinary rendition of “the Algerian 6” by the Bosnian authorities to CIA agents in the absence of judicial guarantees and despite a formal decision to the contrary by the human rights chamber for Bosnia-Herzegovina.
• Impossible that certain European governments were not aware of the activities taking place on their territory,
• Swedish authorities handed over the Egyptian nationals to CIA for transfer to Egypt, while being aware of the risk of torture facing these persons,
Use of Torture in the report
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• Urges the Member States strictly to comply with Article 3 of the United Nations Convention against Torture.
• Prohibition of torture is absolute and allows no exceptions,
• Information extracted under torture may under no circumstances be considered as valid evidence,
Airspace & Airports in the report
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• Considers European legislation on the use of national airspace and the airports to be totally inadequate; stresses the need to establish new national, European and international standards.
• Chicago Convention has been breached on several occasions during hundreds of flights carried out by the CIA using the airspace and airports of Member States,
• Regrets that no Member State has adopted procedures aimed at verifying whether civilian aircraft are being used against internationally established human rights standards,
