including where a violation of human rights has been declared by an international body
but no measure has been taken to redress the violation;
227. Believes that the principle of loyal cooperation enshrined in the Treaties -which requires
Member States and the EU institutions to take measures to ensure the fulfilment of their
obligations under the Treaties, such as the respect of human rights, or resulting from
action taken by the EU institutions, such as ascertaining the truth about alleged CIA
flights and prisons, and to facilitate the achievement of EU tasks and objectives – has
not been respected;
228. Recalls that in light of European Court of Human Rights case law, a signatory State
bears responsibility for the material breach of the provisions of the ECHR, and therefore
also of Article 6 of the Treaty on the European Union, not only if its direct
responsibility can be established beyond reasonable doubt, but also by failing to comply
with its positive obligation to conduct an independent and impartial investigation into
reasonable allegations of such violations;
229. Notes the reports by reputable media operators that extraordinary rendition, illegal
detention, and systematic torture involving many people is continuing, and considering
the declaration by the current US Government that the use of extraordinary rendition
and secret places of detention will be continued; therefore calls for an EU-US counterterrorism summit to seek an end to such inhumane and illegal practices, and to insist
that cooperation with regard to counter-terrorism is consistent with international human
rights and anti-torture treaty obligations;
230. Instructs its Committee on Civil Liberties, Justice and Home Affairs, where necessary in
cooperation with the Committee on Foreign Affairs, notably its Sub-Committee on
Human Rights, to follow up politically the proceedings of the Temporary Committee
and to monitor the developments, and in particular, in the event that no appropriate
action has been taken by the Council and/or the Commission, to determine whether
there is a clear risk of a serious breach of the principles and values on which the
European Union is based, and to recommend to it any resolution, taking as a basis
Articles 6 and 7 of the Treaty on European Union, which may prove necessary in this
context;
231. Calls on its Secretary-General to publish, at least in compliance with Regulation
1049/2001, all the documents received, produced and examined, as well as the records
of the proceedings of the Temporary Committee on the Internet as well as in any other
appropriate manner and calls on the Secretary-General to ensure that the developments
in fields falling within the remit of the Temporary Committee after its disbandment are
monitored;
0
0
0
232. Instructs its President to forward this resolution to the Council, the Commission, the
governments and parliaments of the Member States, of the candidate Member States
and the associated countries, and to the Council of Europe, NATO, the United Nations
and the Government and two Houses of Congress of the United States, and to request
RR\382246XM.doc
33/77
PE 382.246v02-00
XM
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents