Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-10-28-Speech-4-173"
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"en.20041028.13.4-173"2
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".
Mr President, the fight against terrorism is undoubtedly one of the major challenges facing our society and the whole of the international community, but it is also clear that it requires us to answer crucial questions about the way in which terrorism can enter into conflict with the promotion and protection of human rights. The Union’s position on this is simple and clear: moreover, it is the same position that all of you without exception have just reaffirmed in this debate. The fight against terrorism has to take second place to respect for human rights, and not the reverse.
As far as the situation of the approximately 550 people still being detained at Guantanamo Bay is concerned, the Commission, as such, does not have the authority to intervene on their behalf, but that does not stop us from monitoring the situation carefully. Bilaterally, the Member States have also expressed their concerns to the United States about the way in which their nationals are being treated.
The recent judgment of the United States Supreme Court in the Rasoul v. Bush case was an important first step towards restoring the protection of fundamental human rights. The United States Supreme Court in fact ruled that United States courts had jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay. That being the case, it is regrettable that in the procedures begun before the military review panels, specially set up, following this ruling, to examine the status of combatant, the detainees are not permitted to be represented by lawyers.
The European Union has stressed that anti-terrorist measures should go hand in hand with an unconditional ban on all forms of torture and cruel, inhuman and degrading treatment. The International Pact on Civil and Political Rights admittedly allows states to derogate from certain rights in an emergency and under certain conditions, but some rights are inviolable and should be respected under all circumstances, such as the right not to be tortured and the right not to be arbitrarily detained. These obligations, which are also enshrined in the United Nations Convention Against Torture and the Geneva Conventions, have to be respected in any event.
In the case of those accused of being part of the Taliban or Al Qaeda, whether they are being held at Guantanamo or elsewhere, the international community should, in our view, reaffirm its full and unremitting support for the rules of international law, including humanitarian law and rules on human rights. Real progress can only be made in the fight against terrorism if we ensure that all parties respect these values."@en1
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