Guantanamo Bay - the war on terror must not breach democratic principles

Speech by Baroness Sarah Ludford MEP delivered to European Parliament on Thu 28th Oct 2004

Ludford (ALDE). - Mr President, there are two main concerns highlighted in this resolution: the denial of fair trials and the maltreatment of prisoners. We reiterate two underlying commitments against which these concerns must be evaluated. Firstly, one of the prime duties of democracies is to protect their citizens with resolve and to fight terrorism firmly and tenaciously. Secondly, both the EU and the United States have to ensure the right to freedom, democracy, the rule of law and human rights. If either of us fights a war on terror in a way that breaches these fundamental principles, the terrorists have won. Consequently, this Parliament demands that both EU and non-EU prisoners at Guantanamo Bay - including five of my London constituents - be tried, without delay, in a fair and public hearing and by a competent, independent and impartial tribunal - not by military commissions.

The US Supreme Court has said that the protection provided under the US constitution applies, but the present Administration is frustrating implementation of that judgment. What real action is the EU taking to convince the US in its - and our - own interest to obey the rule of law? Would this not be easier if the UK was not also holding prisoners without charge or trial?

With regard to the well-documented harsh and coercive treatment at Guantanamo Bay, Abu Graib and elsewhere, what is happening to morality as well as legality? Some, including me, would say that torture is taking place. Internees at Belmarsh in England are literally being driven mad by indefinite incarceration. The former UK ambassador to Uzbekistan has highlighted how reliance is being place on torture-induced evidence. Are these the standards that we wish to accept? I look forward to hearing how the EU is acting forcefully to stop this moral and legal rot.