Brussels, 20/12/2006 (Agence Europe) - On Tuesday, European Commission vice president Franco Frattini informed MEPs during a debate what future measures the Commission intended to promote for preventing European countries being used for the illegal detention and transport of prisoners. This is the first time that Mr Frattini has publicly intervened since the publication of the final draft report by the European Commission on extraordinary renditions by the CIA in Europe (EUROPE 9317). Before drawing definitive conclusions, the Commissioner said that he expected the final vote by Parliament in February. At the end of 80 hearings (200 in total), rapporteur Claudio Fava (PES, Italy), highlighted a “worrying” element: the passivity of the Council and most EU governments, which contrasts with the positive cooperation of the Commission.
Classification of planes. The Commission highlighted the need to “clarify” the differences in European law on “civil” flights”, to which Member States apply the usual internal controls and which could be re-defined by the EU as “state” flights, over which the Community institutions have no responsibility at all. Frattini announced that at the beginning of 2007 he would be launching, together with the European Commissioner for transport, Jacques Barrot, a “public consultation” to collect data on the application by Member States of their own national rules on controlling civil aviation. The Commission is then expected to publish a communication on this theme. According to Mr Fava, the problem is not due to the absence of clear legal definitions but rather the fact that most flights operated by the secret services to transfer prisoners pretended to be private “civil” flights when landing at European airport, “And yet Member States have never exercised their right to subject such planes to verifications”. Ignasi Guardans Cambó (ALDE, Spain) highlighted the fact that Eurocontrol regulation only targeted aviation security and not people and therefore there might also be planes that transported weapons and drugs that were avoiding any kind of control at all. Ana Maria Gomes (PES, Portugal) questioned the Commissioner about the fact that several British, French and German military flights had gone to Guantanamo. Mr Frattini said that if “these kind of facts emerge, there will have to be an enquiry”.
Evaluation mechanism. Mr Frattini proposed that the Commission looked at ways European and national standards on the protection of fundamental rights are applied in Member States as part of the fight against terrorism. He said that he was aware that the Commission had no competency in national bilateral agreement on fighting terrorism but did underline that an evaluation report on the application of national legislation could prove very useful. Welcoming the ideas expressed by the Commissioner, Baroness Sarah Ludford (ALDE, United Kingdom), nonetheless, declared that she wished him well and said that these proposals would provoke a row among Member States which will accuse him of impertinence. Wolfgang Kreisl-Dörfler (PES, Germany) said, “I would like to see your proposals in paper and underline them in our report”.
Transparency of intelligence services. Taking into account the role played by some of the national secret services in CIA operated extraordinary renditions, the Commissioner stated that a political dialogue was possible on their use, even if their activities are broadly within the national remit of Member States. He said that he was in favour of setting “very clear limits” on their action and affirmed that the “key point” remained the “distinction between intelligence and police activities”. In his reply to several MEPs, Frattini added that it was not possible to elaborate a “code of conduct” for all the secret services in the EU because no-one would be able to ensure that it was respected. Giusto Catania (GUE/NGL, Italy) also called for an analysis of the use of foreign bases on EU territory to be carried out.
Strengthening of legal framework and investigations. Given the “possible doubt” that these renditions have taken place, Mr Frattini appealed for a ratification by all Member States of the agreements concluded in 2003 between the EU and US on extradition and the exchange of legal assistance. The Commissioner also encouraged EU Member States to ratify the UN Convention on the protection of people against forced disappearances, adopted this summer. The Commissioner said that was crucial that the Euro-Atlantic framework based on harmonised rules in security, the fight against terrorism and the protection of individual rights, was relaunched. He hoped that this would produce concrete results at the EU/US summit in the spring. Frattini illustrated his support for investigations to be launched at a national level “where there haven't been any yet”. He also pointed out that victims of renditions had the right to bring damages against Member States and explained that it would be necessary to assure that these people who had been forced to leave their countries of residency should no longer be in prison and that their forced disappearance should be examined in the national courts. (bc)