92002E0263

WRITTEN QUESTION E-0263/02

by Camilo Nogueira Román (Verts/ALE) to the Council

(8 February 2002)

Subject: The prisoners in the US Camp X-Ray at Guantánamo

What is the Council's policy position vis-à-vis the US Government with regard to reports that the prisoners in the camp at Guantánamo, caught in Afghanistan, are treated like wild animals, being deprived of the senses of sight, hearing, smell and touch the kind of treatment meted out in torture camps?

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.