Graag onderzoek naar afsluisterpraktijken in Europa - Hoofdinhoud

Met dank overgenomen van P.H. (Pieter) Omtzigt i, gepubliceerd op woensdag 7 augustus 2013, 12:04.

Massive Eavesdropping in Europe

Today, 23 Parliamentarians from 12 countries in the Council of Europe call for an investigation into the massive eavesdropping in Europe. These MPs are seriously concerned about the recent allegations on extensive surveillance and collection of private data by intelligence services and want the Council of Europe to take action by launching an investigation into the data sharing by its 47 Member States without proper oversight.

They also want to improve the protection against all forms of retaliation of bona fide whistle-blowers disclosing wrongdoings in the public interest.

Q: What do the MP’s call for?

A: An investigation of Secretary General of the Council of Europe. He has the power to ask questions to the governments of all Member States. After that the committee on legal affairs should write a report and recommendations to the governments

(More information: http://www.coe.int/t/dghl/standardsetting/hrpolicy/others_issues/article_52/article_52_EN.asp)

Q: How common is such an investigation?

A: Quite uncommon. Last time it was used was in relation with the CIA rendition flights and secret prisons. The subsequent enquiry by Mr. Marty on behalf of the committee of legal affairs established the existence of the flights and prisons. The uncovered part was then closed by the CIA.

Q: How does this relate to the fight against terrorism?

A: The motion explicitly recognizes the need for States to ensure effective protection of secrets affecting national security and welcomes the growing co-operation between different countries’ secret services, but it should be accompanied by equivalent co-operation between oversight bodies.

Q: Who are the Members of the Council of Europe?

A: 47 European States: all 28 EU Members, Russia, Ukraine, Turkey, Switzerland. Information: http://www.coe.int/aboutCoe/index.asp?page=quisommesnous&l=en

Motion for a resolution

(http://assembly.coe.int/ASP/Doc/XrefDocDetails_E.asp?FileID=20050)

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 of bona fide whistle-blowers disclosing wrongdoings in the public interest.

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 ;