Subject: Concern over the 110 prisoners in Guantanamo

Joint answer to Written Questions E-0237/02 and E-0392/02given by Mr Patten on behalf of the Commission
(7 March 2002)

It is not for the Commission to determine whether or not an individual detainee falls within the scope of the Geneva Convention.

Nevertheless, the Commission notes that the United States announced on 7 February 2002 that the Geneva Convention will apply to detainees at the Guantanamo Bay base ("Camp X-Ray") classified as Taliban soldiers. However, the United States continues to view those detainees belonging to Al Qaeda as falling outside the scope of the Geneva Convention.

The Commission also notes that the United States has nevertheless undertaken to treat all detainees in conformity with the requirements of the Geneva Convention, and that the United States has accepted the majority of the recommendations made by the International Red Cross regarding the improvement of conditions for the detainees.

Furthermore, the Commission notes that the representatives of the International Committee of the Red Cross and of the British government who have visited Camp X-Ray have confirmed that detainees are being treated in conformity with international humanitarian law.

The Commission is following developments in the treatment of detainees during their transportation to and detention at Camp X-Ray, through close contacts with the authorities of Member States as well as non-governmental organisations (NGOs) with access to the detention centre.

The Union also maintains a regular dialogue with the United States in the field of human rights.