WRITTEN QUESTION E-0237/02
by Anna Karamanou (PSE) to the Council
Subject: Concern over the 110 prisoners in
Guantanamo
(6 February 2002) |
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Joint answer to
Written Questions E-0168/02, E-0236/02, E-0239/02 and E-0263/02 |
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The Council confirms that it considers
it important that every detainee be treated humanely in accordance with
general standards of international law. The Council is not in a position to
ascertain whether the conditions of detention at Guantánamo meet those
standards solely on the basis of media reporting. President Bush made a
public statement on the subject on 31 January 2002. The Council, however, does
not have at its disposal the information necessary to judge correctly whether
the detainees at Guantánamo must be regarded as prisoners of war. It
would point out that Article 5 of the Third Geneva Convention of 1949
regarding the treatment of Prisoners of War provides that, in the event of
doubt, a prisoner must be granted the protection of the Convention until such
time as a competent tribunal can determine his status. In the interval,
detainees must be treated humanely and receive proper medical care, clothing and
food. The detaining power is, however, entitled to take such measures as are
necessary to ensure the security of the facility and the detainees in
accordance with international law. The Council does not intend to send observers to Guantánamo.
The Council welcomes the fact that the International Committee of the Red
Cross has been granted full access to the detainees and will be in a position
to exercise its mandate. The delegations of the United Kingdom, French,
Spanish and Belgian Governments have also had access to their respective
nationals detained at Guantánamo Bay. |