by Anna Karamanou (PSE) to the
Commission
(21 December
2001)
Subject: Use of torture and inhumane treatment of terrorist suspects
in the USA |
Answer given by Mr Patten on behalf of the Commission |
Under Article 6 of the
Treaty on the European Union, respect for human rights is one of the founding
principles of the Union. The Union has consistently underlined its strong
opposition to the practice of torture and its support for the relevant
international standards. This is set out in Article 4 of the Charter of
Fundamental Rights which states that "no one shall be subjected to
torture or to inhuman or degrading treatment or punishment." On 9 April 2001 the
General Affairs Council adopted the Guidelines to EU policy towards third
countries on torture and other cruel, inhuman or degrading treatment or
punishment. These include guidance governing Union intervention in contacts
with third countries (covering political dialogues, démarches and actions
on individual cases) and in multilateral human rights fora. They emphasise
that the Union will be guided by relevant international standards, including
those enshrined in the United Nations (UN) Convention against torture and
other cruel, inhuman or degrading treatment or punishment. The Union is also
striving for a successful conclusion to the ongoing negotiations on a draft
optional protocol to the UN Convention against torture which will seek, inter
alia, to improve the monitoring of places of detention. With respect to the
treatment of detainees by the United States, the Commission is closely
monitoring developments. The Union maintains a regular dialogue with the
United States in the field of human rights. Respect for
fundamental rights by the Member States is ensured by the infringement
proceedings provided for in Article 226 of the EC Treaty and by the procedure
laid down in Article 7 of the Treaty on European Union. The former provides
that if the alleged infringement falls within the field of application of
Community law, the Commission can bring the matter to the Court of Justice,
which will determine whether the Member State concerned has failed to fulfil
one of its obligations under the EC Treaty. The procedure under Article 7 of
the TEU provides that the Commission or one third of the Member States may
bring the matter to the Council, meeting at the level of Heads of State or
Government, in the event of a serious and persistent breach by a Member State
of the principles mentioned in Article 6 of the Treaty on European Union. |