92002E0236

WRITTEN QUESTION E-0236/02

by Anna Karamanou (PSE) to the Council

(7 February 2002)

Subject: Concerns over the 110 prisoners in Guantanamo

The treatment of the 110 prisoners in the American Guantanamo base in Cuba who are thought to have had links with the al-Qa'ida network has aroused world-wide indignation. Various international bodies and non-governmental organisations have protested about both the inhumane transportation and detention conditions of those in the American base, and the legal regime under which they are being held.

What steps does the Council intend to take to ensure that the conditions of transportation and detention of the prisoners in Cuba are investigated and that a competent tribunal pronounces on the legal status of the detainees and, in particular, whether they are entitled under the provisions of the Third Geneva Convention to prisoner of war status? How will it ensure that, in any case, their human rights are fully respected and they are treated humanely, in accordance with the Geneva Convention and the International Covenant on Civil and Political Rights?

Joint answerto Written Questions E-0168/02, E-0236/02, E-0239/02 and E-0263/02

(27 June 2002)

The Council confirms that it considers it important that every detainee be treated humanely in accordance with general standards of international law. The Council is not in a position to ascertain whether the conditions of detention at Guantánamo meet those standards solely on the basis of media reporting. President Bush made a public statement on the subject on 31 January 2002. The Council, however, does not have at its disposal the information necessary to judge correctly whether the detainees at Guantánamo must be regarded as prisoners of war. It would point out that Article 5 of the Third Geneva Convention of 1949 regarding the treatment of Prisoners of War provides that, in the event of doubt, a prisoner must be granted the protection of the Convention until such time as a competent tribunal can determine his status. In the interval, detainees must be treated humanely and receive proper medical care, clothing and food. The detaining power is, however, entitled to take such measures as are necessary to ensure the security of the facility and the detainees in accordance with international law.

The Council does not intend to send observers to Guantánamo. The Council welcomes the fact that the International Committee of the Red Cross has been granted full access to the detainees and will be in a position to exercise its mandate. The delegations of the United Kingdom, French, Spanish and Belgian Governments have also had access to their respective nationals detained at Guantánamo Bay.