Article 13From the MEP's report:
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
—Article 13, Geneva Convention
The European report is "...full of frustration at American [torture] policy" and even more frustration with the idea that by flying detainees to friendly countries, the U.S. is skirting Geneva prohibitions on torture. The practice is a transaparent dodge that fools no one but tends to reinforce a growing perception abroad that the United States —under Bush —has become a rogue nation.
The MEPs began a probe after claims the US flew suspects to secret prisons in countries that regularly use torture.
The US admits some terror suspects were flown overseas for interrogation, but denies sending them for torture.
Report author Claudio Fava said many EU states had ignored the hundreds of CIA flights that had used their airports.
Mr Fava, an Italian socialist MEP, singled out Sweden, Italy and Bosnia, which is not an EU member, for particular criticism.
A string of former detainees have come forward with stories alleging kidnap and transport by the US for interrogation in third countries - a process known as "extraordinary rendition".
Some have provided detailed accounts of alleged torture carried out in secret prisons outside EU or US jurisdiction.
"In countries that pride themselves on being long-standing democracies that protect human rights, the revelation of these allegations should have sparked off reactions and categorical condemnations several months ago, but this was not the case..."The report supports allegations that the U.S. program of "rendition" is part of a pattern of US policy intended to bypass the Geneva Conventions. Marty told a news conference that people have been kidnapped by the CIA, transferred to torture prison, and denied their rights under the Geneva Convention. Camps outside any legal system include well-known camps in Afghanistan and Guantanamo Bay. Other kidnap victims have been taken to camps primarily eastern Europe. Their treatment —outside the law —has been called "unacceptable", and, according to Marty, it is a case of the United States "outsourcing" in order to skirt international law —even those to which the U.S. is bound by treaty.
—Swiss MP Dick Marty
Pressure has grown since the Washington Post reported last year that the the CIA had orchestrated a rendition program that consisted of "...hiding and interrogating [what the CIA claims are] some of its most important al-Qaeda captives at a Soviet-era compound in Eastern Europe". The catch 22 is simply this: as long as the CIA is allowed to conduct such a program unsupervised and outside the law, there is no way of knowing if any of those tortured are or have ever been members of Al Qaeda.
Additional resources:Bush, Torture, War Crimes
'Toons by Dante Lee; use only with permission