Brussels, 27/05/2009 (Agence Europe) - At a time when the closure of the Guantanamo Detention Centre is dividing the US Congress, casting doubt over President Barack Obama's plans, Europe is trying to reach agreement on joint approach in response to the American call to take in former detainees of the high security military detention camp. EU member states' Permanent Representatives to the EU, who met in Brussels on Wednesday 27 May, are working on a two-part plan: the first, already well advanced, deals with European internal security and the second, still under discussion, focuses on external cooperation with the US.
Internal section. Most of the Ambassadors approved the draft conclusions creating a mechanism for exchanging information relating to the possible acceptance by member states of former detainees. As a precondition, the draft text states that only those persons who have been “cleared for release” who, for compelling reasons, cannot return to their countries of origin, or who have expressed the wish to be taken in by a particular EU member state or Schengen associated country will be accepted by member states. States will not, under any circumstances, be compelled to accept these persons. If, however, they decide to do so, and given that third country nationals living legally in the EU have the right to travel freely throughout Europe, a two-phase mechanism for exchanging information is provided for. First phase: Those countries that want to take in a former detainee will have to inform all the member states before making a decision. Member states want information on the envisaged legal status for the person and to check whether he is subject to any judicial procedure. A state which wishes to accept a former detainee will have to ask and receive from the US all available, confidential and otherwise, information on the person so that the necessary information can be shared with other member states. Other countries will also have to be informed of final decisions on whether to accept former detainees or not. In practice, existing information-sharing channels, such as national competent bodies, in the area of security intelligence, SIRENE and Europol, will be used. General information on requests to the US and decisions on whether to accept ex-detainees should also be passed on to the Mixed Committee of Schengen Area member states at the senior official level. Second phase: Once the person has been taken in, a mechanism should be put in place at EU level for sharing information and best practice on integrating former detainees into society, media communication, and possible general security aspects related to the person. This information exchange could be carried out through competent existing working groups of the Council or ad-hoc groups (for example, Friends of the Presidency Group) under the supervision of Coreper. EU home affairs ministers, who will meet in Luxembourg on 4 June, are expected to unanimously approve this internal section. Only Austria, which does not want any former detainee ever to be allowed onto its soil, opposes the adoption of the conclusions. Germany has issued a scrutiny reservation so that it can have more time to make up its mind. Bilateral contact is continuing with the Czech Presidency to resolve existing issues.
External section. Ambassadors are having difficulty validating the text of a joint EU-US statement on the closure of the Guantanamo Camp and on future transatlantic cooperation on tacking terrorism. The United Kingdom, France, Portugal and Spain believe that such a statement would provide real added value. Others, however, such as Germany, Austria and the Netherlands, are more cautious, deeming that the current situation in the US is not sufficiently clear. Coreper will return to this text next week. The draft text supports US determination to close the Guantanamo Camp and to re-assess its arbitrary policies on combating terrorism. “The United States recognises its responsibility to accept certain former detainees who indicate a desire to be admitted to the United States,” the text says, adding that some EU member states have declared their willingness to accept some former detainees. The draft text notes that the US will have to provide all the information needed so that an information-sharing mechanism can be set up among EU countries. It is also highlighted that the US will consider paying appropriate compensation to detainees “cleared for release”. In the area of future transatlantic anti-terrorist cooperation, the text states that efforts to combat this scourge must be conducted in a manner that complies with the rule of law, respects common values and complies with international law obligations. It also states that the EU and the US will deepen transatlantic cooperation in Justice, Security and Freedom (anti-terrorism, criminal legal cooperation, facilitating free and secure travel, information exchange and data protection). The draft also makes reference to possible future development of a “Declaration of Principles” that might serve as a common reference point within the context of shared efforts to combat terrorism. If there is agreement on the external section, the General Affairs/External Relations Council of 15 June will be in a position to adopt the joint statement. (B.C./transl.rt)