and make public the results of the investigations;
186. Urges European countries in relation to which serious allegations have been made
regarding active or passive cooperation with extraordinary rendition and that have not
undertaken governmental, parliamentary and/or judicial investigations to commence
such proceedings as soon as possible; recalls that, according to the case law of the
European Court of Human Rights, there is a positive obligation on Member States to
investigate allegations of and sanction human rights violations in breach of the ECHR;
187. Calls for the closure of Guantánamo and for European countries immediately to seek the
return of their citizens and residents who are being held illegally by US authorities;
188. Considers that all European countries that have not done so should initiate independent
investigations into all stopovers made by civilian aircraft carried out by the CIA, at least
since 2001, including those cases already analysed by the Temporary Committee;
189. Expects to be kept fully informed on all developments concerning all the abovementioned procedures;
190. Calls on European countries to compensate the innocent victims of extraordinary
rendition and to ensure that they have access to effective and speedy compensation,
including access to rehabilitation programmes, guarantees that there will be no
repetition of what happened as well as appropriate financial compensation;
191. Asks the Commission to undertake an evaluation of all anti-terrorist legislation, in the
Member States and of both formal and informal arrangements between Member State
and third-country intelligence services, from a human rights perspective, to review
legislation where international or European human rights bodies considers that it could
lead to breach of human rights and to present proposals for actions in order to avoid any
repetition of the matters under the remit of the Temporary Committee;
192. Considers it necessary to review by limiting and restrictively defining the exceptions
that flow from the notion of 'State secret', also in the framework of the impending
review of Regulation 1049/011, as well as the adoption of common principles by the EU
institutions as regards the treatment of confidential information, to avoid abuses and
deviations that are more and more unacceptable in modern democratic States and that
contradict human rights obligations; deems it necessary to establish specific
mechanisms to allow for access to secret information by parliaments and judges, as well
as for the release of the information after a certain period of time;
193. Notes the recent creation of a High-Level Working Group composed of representatives
of the Commission, the Council and US governmental representatives of the Justice
Ministry and the Homeland Security, which constitutes the political framework for EUUS dialogue on security matters, including differences in the approach to terrorism as
well as the concerns raised by the Temporary Committee; deems it necessary to
associate in this High-Level Working Group the European Parliament and the US
1
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001
regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p.
43).
PE 382.246v02-00
XM
28/77
RR\382246XM.doc
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