Massive eavesdropping in Europe
Motion for a resolution
| Doc. 13288
| 06 August 2013
- Signatories:
- Mr Pieter OMTZIGT,
Netherlands, EPP/CD ; Ms Anne BRASSEUR,
Luxembourg, ALDE ; Mr Agustín CONDE,
Spain, EPP/CD ; Ms Gitta CONNEMANN,
Germany, EPP/CD ; Ms Viola von CRAMON-TAUBADEL,
Germany, SOC ; Mr Armand De DECKER,
Belgium, ALDE ; Mr Bernard FOURNIER,
France, EPP/CD ; Mr Hans FRANKEN,
Netherlands, EPP/CD ; Mr Erich Georg FRITZ,
Germany, EPP/CD ; Mr Valeriu GHILETCHI,
Republic of Moldova, EPP/CD ; Mr Andres HERKEL,
Estonia, EPP/CD ; Ms Arpine HOVHANNISYAN,
Armenia, EPP/CD ; Mr Ferenc KALMÁR,
Hungary, EPP/CD ; Ms Naira KARAPETYAN,
Armenia, EPP/CD ; Mr Tiny KOX,
Netherlands, UEL ; Ms Kerstin LUNDGREN,
Sweden, ALDE ; Mr Thomas NORD,
Germany, UEL ; Ms Zaruhi POSTANJYAN,
Armenia, EPP/CD ; Ms Carmen QUINTANILLA,
Spain, EPP/CD ; Mr Latchezar TOSHEV,
Bulgaria, EPP/CD ; Ms Sabine VERMEULEN,
Belgium, NR ; Mr Johann WADEPHUL,
Germany, EPP/CD ; Mr Jordi XUCLÀ,
Spain, ALDE
This motion has not been discussed in the Assembly and commits only those who have signed it.
The Parliamentary Assembly recalls that judicial and parliamentary
scrutiny of a government and its agents, including special services,
is of vital importance for the rule of law and democracy.
It recognises the need for States to ensure effective protection
of secrets affecting national security.
The Assembly has welcomed the growing co-operation between
different countries’ secret services, which constitutes an indispensable
tool to confront the worst forms of organised crime and terrorism.
This international co-operation should, however, be accompanied
by equivalent co-operation between oversight bodies.
It recalls that while member States must have the capabilities
to effectively combat terrorism, they “may not, in the name of the
struggle against espionage and terrorism, adopt whatever measures
they deem appropriate” due to the danger of such laws undermining
or even destroying democracy (European Court of Human Rights, Klass and others v. Germany, judgment
of 6 September 1978).
The Assembly further recalls the importance of whistle-blowing
as an opportunity to strengthen accountability and bolster the fight
against corruption and mismanagement, both in the public and private
sectors.
It is seriously concerned about the recent allegations on
extensive surveillance and collection of private data by intelligence
services of the United-States, the United-Kingdom, France and other
countries.
The Assembly therefore:
a Calls
upon the Secretary General to launch an inquiry under Article 52
of the European Convention on Human Rights;
b Invites all member States to:
- Review or, if necessary, set up effective parliamentary
or other independent mechanisms for the oversight of the secret
services and special procedures in the criminal and civil courts
for the handling of information of a sensitive nature covered by
secrecy, to enable the proper administration of justice whilst taking
into account the state’s legitimate security interests;
- Improve the protection against all forms of retaliation
against bona fide whistle-blowers
disclosing wrongdoings in the public interest.
