A.
whereas, in its resolution of 6 July 2006, Parliament decided that 'the Temporary
Committee would continue its work for the remainder of its established twelve-month
term, without prejudice to the provisions of Rule 175 of its Rules of Procedure on the
possibility of extending the term',
B.
whereas, in adopting its resolution of 22 November 1990 on the Gladio affair1, it drew
attention, more than 16 years ago, to the existence of clandestine operations involving
intelligence services and military organisations without adequate democratic control,
C.
whereas the Member States cannot circumvent the requirements imposed on them by
European Community (EC) and international law by allowing other countries'
intelligence services, which are subject to less stringent legal provisions, to work on
their territory; whereas, in addition, the operations of intelligence services are consistent
with fundamental rights only if adequate arrangements exist for monitoring them,
D.
whereas the principle of the inviolability of human dignity is enshrined in international
human rights law, notably in the preamble to the Universal Declaration of Human
Rights and the preamble to and Article 10 of the International Covenant on Civil and
Political Rights, and whereas that principle is guaranteed by the jurisprudence of the
European Court of Human Rights; whereas this principle appears in most Member
States' constitutions, as well as in Article 1 of the Charter of Fundamental Rights of the
European Union2 and whereas that principle should not be undermined, even for the
purposes of security, in times of peace or war,
E.
whereas the principle of inviolability of human dignity underlies every other
fundamental right guaranteed by international, European and national human rights
instruments, in particular the right to life, the right to freedom from torture and inhuman
or degrading treatment or punishment, the right to liberty and security, the right to
protection in the event of removal, expulsion or extradition and the right to an effective
remedy and to a fair trial,
F.
whereas extraordinary rendition and secret detention involve multiple violations of
human rights, in particular violations of the right to liberty and security, the freedom
from torture and cruel, inhuman or degrading treatment, the right to an effective
remedy, and, in extreme cases, the right to life; whereas, in some cases, where rendition
leads to secret detention, it constitutes enforced disappearance,
G.
whereas the prohibition of torture is a peremptory norm of international law (jus
cogens) from which no derogation is possible and the obligation to protect against,
investigate and sanction torture is an obligation owed by all states (erga omnes), as
provided by Article 5 of the Universal Declaration of Human Rights, Article 7 of the
International Covenant on Civil and Political Rights, Article 3 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
and the related case law, Article 4 of the Charter of Fundamental Rights, and national
constitutions and laws; whereas specific conventions and protocols on torture and
monitoring mechanisms adopted at the European and international level demonstrate the
importance attached to this inviolable norm by the international community; whereas
the use of diplomatic assurances is incompatible with this obligation,
1
OJ C 324, 24.12.1990, p. 201.
OJ C 364, 18.12.2000, p. 1.
2
PE 382.246v02-00
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