Guantanamo: Urgent call on EU governments to act

(B2)" Guantanamo: the right to a fair trial », it is in these terms that the Committee on Civil Liberties of the European Parliament held a public hearing on Tuesday. A necessary clarification when we still do not know precisely how many people are detained on this American base in Cuba, some for more than two years.

The most commonly accepted figure is that of 650 people detained, most of them nationals of countries in the Middle East. But, according to the NGOs, there are more than twenty European citizens or long-term residents on European soil, including twelve British (nine citizens and three residents), six French, one Spaniard, one Swede, one Dane and one Turkish resident in Germany.

Organized by four parties (Socialists, Liberals, Greens, Communists), this meeting was nevertheless opened by the chairman of the commission, the Spanish EPP Jorge Hernandez Mollar. Because, he said, the detention of prisoners at Guantanamo “is not only a concern for Parliament but is in flagrant contradiction with the right of every person to an impartial trial. We insist – he added – that the political situation of these detainees be clarified”. This situation " is frankly unacceptable for a democratic country in the 21st century added Anna Terron I Cusi (PES, Spain). " This is unacceptable and a slap in the face to democracy recalled Monica Frassoni (Greens, Belgium). The rest of the hearing was marked by interventions, often imbued with emotion and restraint, from the lawyers and families of the detainees.

isolation

All pointed to the isolation, lack of news and lack of legal representation for prisoners at Guantanamo. Very humbly, Nayat A. Ahmed, sister of Spanish detainee Hamed Abderrahaman Ahmed made a short but obvious statement: “ the only thing i will ask for my detained brother, that we apply the same rights to him as for other human citizens ". His lawyer, Javier Nart, highlighted this blatant discrimination " American citizens had the right to a trial in the United States. Not the strangers. “He also pointed out the whole paradox of the situation:” For thirty years that I have been practicing this profession, I have always been accustomed to pleading for the innocence of my client. Today is the first file where I ask that my client be accused of something ».

For his part, William Bourdon, lawyer for four of the six French detainees, pointed out that " the various legal actions brought in France both before the civil courts, to ask him to replace the defaulting judge in the name of the Geneva Convention (…), and criminal, for “arbitrary kidnapping and sequestration”, were a failure. But it would take more to kill this former secretary of the International Federation for Human Rights. " The Court of Cassation (French) is seized of the file he says. And finally, " it will be the European Court of Human Rights which will be called upon to rule”. Other actions are in preparation he added : " referral to the United Nations Special Rapporteur on torture and ill-treatment” and “a common approach by the various European Bars ". "A press conference in Paris on October 15," said Anne Souleliac, responsible to the President of the Paris Bar Association for monitoring human rights issues.

European inaction

In general, lawyers or families, whether French, Spanish or German, have also highlighted the inaction of European governments, with one notable exception. Anna Lindh, now deceased, had taken up the pen in her time to express her concern to the American Secretary of State, Colin Powell. Everyone is in fact now appealing to the European institutions. " Parliament must do more than make a statement “So insisted the Spanish lawyer Javier Nart.

security reason

Faced with this state of mind, the task of Todd Huizinga, in charge of parliamentary relations at the American mission to the European Union, was not easy. He justified the method followed. " We investigate every inmate. This takes lots of time. It's not simple. We were able to release prisoners on a case-by-case basis »

But he assured We cannot release them (all of them) until the hostilities are over. Otherwise who tells us that they will not join the ranks of those who fight the United States as soon as they are freed?. It is also this security reason that seems to have motivated the choice of Guantanamo. " When the first detainees were taken in, we conducted a thorough investigation to ensure that they could not endanger American citizens while ensuring the fate of the prisoners »

Complies with the Geneva Conventions according to the USA

However, he recalled the very formal position of the American government " The Geneva Convention does not provide that persons detained in Guantanamo are considered prisoners of war. But we try as much as possible to respect (these) conventions, with decent conditions »

A statement that Enrique Baron Crespo (PES, Spanish) insisted on contradicting, point by point. " I have asked Parliament's legal service » he explained « an opinion to put things in the most objective context possible ". And the conclusion for him is clear” We believe that the Third Geneva Convention is applicable, that these detainees must be treated as prisoners of war, that the unilateral interpretation (of these conventions) is not possible ».

The President of the PSE Group in Parliament, who was not originally scheduled to intervene in the debate, also wanted to place it in a historical perspective. " The choice of Guantanamo is not free. » he explained « It is the result of a colonial situation. The Spaniards were already there because American law was not applicable there. We chose this place for this fact, so that the prisoners are not subject to any jurisdiction. ". And when we talk about the guilt of those involved, the one who also " defender of the courts of exception calls for the necessary caution in terms of proof and “presumption”. " Member States must defend our compatriots he concluded.

“You are no longer our heroes”

To the barely veiled reproaches of the American representative for a lack of solidarity, Baronesses Sarah Ludford (ELDR, United Kingdom) made a point of replying: “ I grew up in the 50s, very aware of the help provided by the USA. I now feel disappointment and sadness. You are no longer our heroes ". In the end, several courses of action were mentioned by the parliamentarians. " This hearing is the beginning of a process stressed Anna Terron I Cusi (PES, Spanish). " With the support of at least four of Parliament's political groups, we can achieve a majority in Parliament which could lead, as soon as possible, to a formal parliamentary recommendation to the Council."

Diplomatic action at European Union level could be undertaken to ask the Americans to give guarantees on the humanitarian treatment of detainees, including the protection of their human rights”. " If no fair solution is found proposed Monica Frassoni, co-president of the Greens group, the agreement on extradition and judicial cooperation signed with the United States in June should not enter into force on May 1, 2004”. " The Americans want the Europeans to accept a UN resolution on the internationalization of the occupation of Iraq said Baronesses Sarah Ludford (ELDR, UK) make a fair trial a first condition of this agreement ».

As for Jean Lambert (Greens, United Kingdom), she wonders if we shouldn't think about modifying the international conventions. " We need a new Geneva Convention to deal with situations when there is no army formed as during the Second World War. The Vienna Convention on consular assistance should (also) be revised "to allow taking into account people who without being citizens" resident for many years in a Member State ».

(NGV)

(© Article published in Agence Europe, October 1, 2003)