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Written question No. 545 to the Committee of Ministers | Doc. 11577 | 15 April 2008

Secret detentions and illegal transfers of detainees in Europe

Question from Ms Herta DÄUBLER-GMELIN, Germany

The Committee of Ministers’ reply to Recommendation 1801 (2007) merely speaks of “possible” followup to be given by governments to the Assembly’s conclusions (see appended extract from document AS/Jur (2008) 14). Its reactions to the Secretary General’s proposals following his inquiry under Article 52 European Convention on Human Rights have been equally disappointing.

In the light of recent new revelations in the media concerning, inter alia, Denmark, Germany, Portugal, and the United Kingdom, and in light of the lack of a satisfactory reply by the Polish and Romanian authorities to the repeated requests for information by the European Commission, what action does the Committee of Ministers intend to take in future in order to fully exercise its role as the executive body of the Council of Europe, the guardian of human rights on this continent?

Appendix – Extract from document AS/Jur (2008) 14 revised (Consideration of replies from the Committee of Ministers to recommendations emanating from the Committee – comments by the rapporteur, Mr Dick Marty, on the Committee of Ministers’ reply to Recommendation 1801 (2007))

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The reply by the Committee of Ministers is very disappointing. It confirms the attitude of the vast majority of governments encountered during the preparation of the report: to block the uncovering of the truth. Recent revelations concerning Denmark, Portugal, the British base of Diego Garcia, and the airport Mihail Kogalniceanu in Romania show that on the one hand, the “dynamics of truth” are still on the march, whilst on the other hand states are far from having fulfilled their duties of investigation. The reply to the Parliamentary Assembly is in line with the Committee of Ministers’ equally weak reaction to the Secretary General’s proposals following his enquiry based on Article 52 of the European Convention on Human Rights.