[Documents/Docheader.htm]Serious abuse of the persons held in Guantanamo Bay
Conditions of detention of nationals of Council of Europe member states held in Guantanomo Bay by the United States
Written question No 447 and 453 to the Committee of Ministers
Doc. 10297
2 October 2004Reply from the Committee of Ministers
I. Written Question No. 447 by Mr Masson (Doc. 10225)
Mr Jean-Louis Masson wishes to draw the attention of the Committee of Ministers to the maltreatment of certain nationals of Council of Europe member states at the hands of the United States.
In particular, this involves the serious abuse of the persons being held outside the law in the GuantanamoBay base.
The individuals concerned are not only being subjected to physical and psychological torture, but are also being deprived of all contacts and denied any legal assistance without any legal justification whatsoever.
Mr Jean-Louis Masson,
To ask the Committee of Ministers whether it does not believe that it would be appropriate to take much more vigorous and much firmer action in respect of the United States and, in particular, to suspend the United States’ observer status with the Council of Europe.
II. Written Question No. 453 by Mr Masson (Doc. 10270)
Mr Masson wishes to draw the attention of the Committee of Ministers to the maltreatment of certain nationals of Council of Europe member states at the hand of the United States. The traumatic effect on US citizens of the terrorist attacks of 11 September 2001 is understandable. However, that is no reason for the United States, keen to portray itself as an exemplary democracy, to commit serious breaches of the most basic rights of prisoners being held completely unlawfully at the Guantanomo Bay base. These prisoners are being subjected to physical and psychological torture and are placed in a situation outside the law, which serves as a pretext for denying them any legal assistance.
The Council of Europe's reaction to this state of affairs should be particularly firm, since the prisoners include many nationals of the organisation's member states. The human rights abuses being perpetrated by the United States are not confined to Guantanamo. Prisoners in Iraq and Afghanistan are also being maltreated. This bears out the contention that these practices were the subject of an institutional decision endorsed by the highest authorities in the United States.
In view of the United States' tendency to position itself as a teacher of lessons, it is essential that the lessons should not be unreciprocated. The abuses perpetrated by the United States are all the more unacceptable in that they are allegedly committed in the name of democracy, freedom and human progress.
Given the seriousness of the situation, Mr Masson is surprised that the Committee of Ministers has not taken much more vigorous and firmer action in respect of the United States. In particular, he wishes to know why it has not envisaged suspending the United States' observer status within the Council of Europe, at least as an interim measure.
III. Reply by the Committee of Ministers
1. The Committee of Ministers would like to recall, first of all, that in oral replies to questions tabled by members of the Parliamentary Assembly, the Chairman of the Committee of Ministers has previously expressed serious concerns regarding citizens of Council of Europe member states who have been detained at the American base at GuantanamoBay in Cuba.
2. In this respect, the Committee of Ministers recalls the “Guidelines of the Committee of Ministers of the Council of Europe on human rights and the fight against terrorism” it adopted on 11 July 2002, in which mention is made of the need to comply with international human rights norms as an integral part of the effective fight against terrorism. These guiding principles refer in particular to states’ commitments regarding detention and stress unequivocally the absolute prohibition of torture in all circumstances. These guidelines should not only be the basis for action by member states but they should also be followed by any other international actor engaged in the fight against terrorism. The Committee of Ministers remains therefore committed to upholding such principles in its relations with other countries and in particular with the observer states.
3. The Committee of Ministers further recalls that the Venice Commission, at the request of the Parliamentary Assembly, examined the legal situation of people such as those held at GuantanamoBay and arrived at the conclusion that these persons enjoy protection under international humanitarian and human rights law. They have either to be treated as prisoners of war in accordance with applicable international conventions or be granted due process under criminal law.
4. The Committee of Ministers welcomes the United States' government's public commitment against the use of torture, as expressed in particular by President Bush in his press conference of 22 June 2004.
5. Against this background, the Committee of Ministers underlines that since the tabling of Written Question No. 447, a number of significant developments have taken place with regard to the situation of detainees at the base of GuantanamoBay:
- in a groundbreaking sentence on 28 June, the United States Supreme Court authorised prisoners held at the base to challenge their detention before civilian courts and to have access to lawyers. The Court’s decision has already triggered a number of hearings allowing detainees to ask for the review of their case;
- 139 former detainees have been released from Guantanamo Bay base, amongst them many of them returned to Council of Europe member states and will enjoy the guarantees of their country’s legal systems;
- bilateral discussions between some of the Council of Europe member states and the United States authorities have resulted in important clarifications on the status of a number of detainees and have led to their release.
6. Finally, the Committee of Ministers confirms its resolve in ensuring that an open and frank dialogue, based on the respect of international human rights standards as spelled out in the Guidelines of the Committee of Ministers, be maintained with representatives of the United States on this issue.