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Europe Daily Bulletin No. 9220
THE DAY IN POLITICS / (eu) eu/council of europe/cia

Commission turns to Member States to shed light on illegal CIA activity

Brussels, 27/06/2006 (Agence Europe) - The European Commission and the Parliamentary Assembly of the Council of Europe (PACE) insisted, on Tuesday in Strasbourg, on the responsibility of the States to shed light on illegal CIA activity in Europe and on the involvement of national intelligence services in order to prevent human rights violations from occurring again. “National authorities must be given the power and the duty to conduct judiciary and administrative investigations to result in the truth”, Commissioner Franco Frattini said, saying that the aim was not to draw up an act of accusation against any one country but to prevent this kind of illegal activity from happening again. The Commissioner was speaking on the occasion of the presentation before the PACE of the report by Swiss Senator Dick Marty relating to the secret activities of the American secret services in Europe. The report not only judges that the United States has “woven an illegal web” throughout the world to detain and transfer “hundreds of people” suspected of terrorism illegally, but also that some of these prisoners were kidnapped in Europe or via Europe, with the participation of European secret services, to be transferred to countries where they were likely to be subjected to torture. In his report, Mr Marty points a finger of blame at fourteen European countries that have “knowingly” helped or tacitly authorised the United States to set up this network (EUROPE 9206). To date, only Bosnia-Herzegovina has admitted having delivered terrorist suspects up to the American forces (EUROPE 9212). Franco Frattini said that action by the secret services came under the “scope of Member States” but considered it “possible to fix a number of guidelines at European level”. He also suggested conferring “more extended power” to the heads of government on the activity of secret services, to establish “parliamentary control on funds” allocated to them and to fix, in national legislation, “legal limits for operational activity of intelligence agents”. The Commission also invited the 25 EU Member States as well as the US Congress to ratify the 2003 US/EU agreement on extradition and judicial cooperation. Dick Marty's report, which was the subject of a resolution and a recommendation which were both voted through by a majority of MEPs, also suggests beginning examination of bilateral agreements signed between Member States of the Council of Europe and the United States, especially those concerning the situation of the American forces stationed in Europe and the use of military infrastructure. The report also urges the United States to dismantle its system of secret detention and illegal transfer of detainees between States. Presenting his report, Mr Marty recommended the creation of a new legal order worldwide to face up to the terrorist threat. The report recommends that the establishment of a competent international jurisdiction should be assessed and possibly proposed. This could fall on the International Criminal Court to judge persons accused of terrorism, when the States are not able to do so or do not wish to take further action. It is not a matter of expressing condemnation today, Dick Marty said when presenting his report, that he considers “very incomplete” although it does have the merit of heightening awareness.

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