MEPs must kick-start sanctions process over CIA flights

1.02.39pm GMT Fri 9th Dec 2005

In advance of Monday's meeting of the European Parliament's Civil Liberties committee with EU justice Commissioner Franco Frattini, and a full plenary debate next Wednesday over CIA flights allegations, Liberal Democrat MEP Baroness Sarah Ludford is calling for the committee to launch the groundwork necessary for any sanctions process.

Sarah Ludford, who is the Liberal Democrats' European justice spokeswoman, will on Monday push for the Civil Liberties committee to begin preparatory work on invoking the human rights clause of the EU Treaty to punish Member States - which could mean stripping a state of its EU voting rights - over possible complicity in 'extraordinary rendition' and torture. Sarah Ludford says:

"There is enough material to warrant putting the mechanism of Article 7 into first gear. While my call two weeks ago for a special MEP committee of inquiry is getting support, we must not delay the legal groundwork necessary in case sanctions have to be contemplated for breach of fundamental rights."

She added:

"We will liaise with national and Council of Europe inquiries into whether European airports were used in the transport of suspects to be tortured, and in particular take great interest in the replies by Member States to the questions put by Council of Europe investigator Dick Marty."

"But we must not waste time. If we gather advice now from our lawyers and network of human rights experts on what actions or omissions by our governments would constitute a breach of EU obligations, then when the results come in we can evaluate quickly whether the sanctions process should be launched."

Notes

1. Article 7 of the EU treaty provides a mechanism, in which all 3 EU institutions play a part, for determining 'a clear risk of a serious breach' or 'a serious and persistent breach' of the principles which all EU states are required to observe under Article 6. These are liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law. If a breach is found, then a punishment of suspension of rights, including voting rights, can be imposed.

2. Key questions about EU states and extraordinary rendition (transfer of terrorist suspects outside judicial controls or extradition law, for harsh interrogation and possible torture) include:

- Exactly how does the practice breach EU human rights law?

- Have European airports been used?

- If they have been used, were national governments aware?

- Were EU citizens among those transported?

3. Baroness Ludford, in her capacity as a member of the UK House of Lords, is also a member of the Westminster All-Party Parliamentary Group on Extraordinary Rendition which had its inaugural meeting last week.