RESOLUTION ON EXTRAORDINARY RENDITION INVESTIGATIONS

    1. Recalling that for years certain OSCE countries co-operated with the United States Central Intelligence Agency's "extraordinary rendition" programme, in which terrorism suspects were abducted without due process and held in secret "black site" prisons in Eastern Europe or transferred to third-party countries known to practice torture,
    2. Noting with regret that several years after this programme was brought to the public's attention, there is yet to be a full and open accounting of what the programme entailed nor any prosecutions of public officials for possible violations of the law, either on the international or national levels,
    3. Welcoming the closure of CIA black site prisons in Europe but regretting that executive orders issued by the current US administration still provide the CIA the authority to carry out renditions,
    4. Remembering that in the 2006 Brussels Declaration, the OSCE Parliamentary Assembly called upon "all participating States to investigate promptly and thoroughly allegations that their territory has been used to assist CIA-chartered flights secretly transporting detainees to countries where they may face 'disappearance', torture or other ill-treatment",
    5. Welcoming the official investigation by state prosecutors in Warsaw into an alleged role by Polish authorities in the operation of a CIA "black site" prison in a remote region of Poland,
    6. Regretting that the United States has not fully co-operated with the Polish investigation,
    7. Condemning the prosecution that US authorities have initiated against former CIA agent John Kiriakou, who is accused of providing journalists details regarding the capture of Abu Zubaydah, an al-Qaeda suspect who is said to have been tortured in a secret CIA prison in Poland and is one of two individuals granted "victim status" by prosecutors in Warsaw,
    8. Noting that appeals for information regarding the United Kingdom's involvement in the programme by the UK All-Party Parliamentary Group on Extraordinary Rendition have been rebuffed by US authorities, which have cited an exemption in the US Freedom of Information Act in the case of requests from "foreign government entities",
    9. Regretting that a US District Court in Washington upheld the CIA's claims of exemptions to the Freedom of Information Act,
    10. Pointing out that the UK All-Party Parliamentary Group on Extraordinary Rendition is an institution of Parliament and is wholly independent of the Government, and therefore should not be considered a "foreign government entity",
    11. Recalling the 2007 report by the Parliamentary Assembly of the Council of Europe, which "earnestly deplore[d] the fact that the concepts of state secrecy or national security are invoked by many governments" which "obstruct judicial and/or parliamentary proceedings aimed at ascertaining the responsibilities of the executive in relation to grave allegations of human rights violations",
    12. Reiterating the views of the UN Special Rapporteur on human rights and counterterrorism Ben Emmerson, who stated in reaction to the US District Court ruling that it "flies in the face of the principles of best practice for the oversight of intelligence services" and "runs the risk of promoting impunity for state officials of the UK who may have been party to grave human rights violations",
    13. Taking into consideration the profound concern expressed by the United Nations Working Group on Arbitrary Detention about the secret CIA programme,
    14. Noting that without proper co-operation from US officials, a full accounting of European governments' complicity in the programme may not be possible,
    15. Recalling the European Parliament's 2007 resolution adopted at Strasbourg, which stated that "extraordinary rendition and secret detention involve numerous violations of human rights in particular violations of the right to liberty and security, the freedom from torture and cruel, inhuman or degrading treatment, the right to an effective remedy, and, in extreme cases, the right to life",
    16. Recalling further that in 2007 the European Parliament reminded its Member States that "the prohibition of torture is a peremptory norm of international law (jus cogens) from which no derogation is possible",
    17. Emphasizing that under Art. 12 of the United Nations Convention against Torture and Art. 13 of the European Convention of Human Rights, all OSCE participating States have an obligation to investigate serious human rights abuses, including torture,

The OSCE Parliamentary Assembly:

    1. Reiterates that all OSCE participating States have binding obligations under international law to not only refrain from torture, or inhuman, cruel, humiliating, and degrading treatment; but to also investigate allegations of torture;
    2. Restates its previous call for all participating States to investigate thoroughly allegations that their territory has been used to assist CIA-chartered flights secretly transporting detainees to countries where they may face torture or other ill-treatment;
    3. Supports the criminal investigation carried out by the Polish authorities into potential crimes committed in relation to the rendition programme;
    4. Welcomes the attempts by British parliamentarians to ascertain the level of the United Kingdom's involvement in the programme;
    5. Insists that the United States Government co-operates with European investigations into the CIA's extraordinary rendition programme;
    6. Calls upon the United States to release any pertinent information to appropriate investigators.