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Guantánamo prisoner Abd al-Rahim al-Nashiri

Written declaration No. 483 | Doc. 12660 | 22 June 2011

Mr Dick MARTY, Switzerland, ALDE ; Ms Karin ANDERSEN, Norway, UEL ; Mr Mörður ÁRNASON, Iceland, SOC ; Mr Gagik BAGHDASARYAN, Armenia, ALDE ; Mr Josep Anton BARDINA PAU, Andorra, ALDE ; Ms Anne BRASSEUR, Luxembourg, ALDE ; Mr Tuur ELZINGA, Netherlands, UEL ; Mr Jean-Charles GARDETTO, Monaco, EPP/CD ; Mr Andreas GROSS, Switzerland, SOC ; Mr Mike HANCOCK, United Kingdom, ALDE ; Mr Serhiy HOLOVATY, Ukraine, ALDE ; Mr Johannes HÜBNER, Austria, NR ; Mr Željko IVANJI, Serbia, EPP/CD ; Ms Francine JOHN-CALAME, Switzerland, SOC ; Mr Tiny KOX, Netherlands, UEL ; Ms Kerstin LUNDGREN, Sweden, ALDE ; Mr Bernard MARQUET, Monaco, ALDE ; Ms Meritxell MATEU PI, Andorra, ALDE ; Ms Liliane MAURY PASQUIER, Switzerland, SOC ; Mr Felix MÜRI, Switzerland, ALDE ; Mr Pieter OMTZIGT, Netherlands, EPP/CD ; Ms Elsa PAPADIMITRIOU, Greece, EPP/CD ; Ms Marina SCHUSTER, Germany, ALDE ; Mr Christoph STRÄSSER, Germany, SOC ; Ms Doris STUMP, Switzerland, SOC ; Mr Klaas de VRIES, Netherlands, SOC ; Ms Nataša VUČKOVIĆ, Serbia, SOC ; Ms Renate WOHLWEND, Liechtenstein, EPP/CD

The European Parliament has called on the United States not to subject Guantánamo prisoner Abd al-Rahim al-Nashiri to the death penalty, observing that his trial by a military commission would not meet international fair trial standards;

Mr al-Nashiri was held incommunicado in a secret CIA prison in Poland in 2002 and 2003, where he was tortured before being transferred from Poland despite the risk of the death penalty, and he was later detained for some time between 2003 and 2006 at a secret CIA prison in Bucharest in Romania.

The United States are seeking to subject him to the death penalty and an unfair trial by a military commission at Guantánamo.

Whereas the commission’s Convening Authority will accept written submissions against the death penalty until 15 July 2011, and as the Council of Europe condemns the death penalty in all circumstances,

We call on

  • the United States not to seek the death penalty against Mr al-Nashiri;
  • the Council of Europe and its member states - including Poland - to immediately use all available means, including written submissions to the Convening Authority, to ensure that Mr al-Nashiri is not subject to the death penalty; and to effectively investigate human rights violations by member states in relation to the CIA rendition programme.