Speaking notes for press conference of Terry Davis

Monday 26 June at 2 pm, Room 1

I wish to make a few quick points before opening the floor for questions. This session will again clearly be dominated by the issue of the so-called extraordinary rendition flights. Dick Marty made his report public a while ago and so have I. My conclusions can be summarised as follows:

The so-called extraordinary renditions did take place in some Council of Europe member states, and they are not a theoretical threat to the rights protected by the European Convention on Human Rights;

My inquiry shows that such violations could have happened in virtually all Council of Europe member states, because practically none of them has an adequate and effective legal protection, as they are required to do under the positive obligation to protect the rights guaranteed by the Convention,

I will outline my recommendations to governments on how to deal with this situation in my speech to the Assembly tomorrow, but I can already say that they will include proposals for new Council of Europe legal instruments and measures which may have far-reaching consequences for existing and future bilateral agreements between Council of Europe member states and third countries.

Throughout my inquiry I refrained from making any comments about the US involvement in the so-called extraordinary renditions because the United States of America is not a member state of the Council of Europe. But as Secretary General of the Council of Europe, I must react to the claims that the practice of extraordinary renditions was approved by the European Commission of Human Rights, which was a predecessor of our Court of Human Rights.

US officials have repeatedly misinterpreted the 1996 decision of this Council of Europe body in the case of Illich Sanchez Ramirez vs France. This man, better known as Carlos was indeed captured by French agents abroad, but he was not a case of “extraordinary rendition”. He did not disappear into thin air, and he did not end up in the legal limbo of Guantanamo or some other gulag. He was arrested on the basis of a valid arrest warrant, brought before a judge, had access to a lawyer and was given a fair trial. You do not need a law degree from Harvard to see that there is a world of difference between the experience of Carlos and the extraordinary rendition.

Throughout my inquiry I have never lost sight of the fact that all the alleged violations of human rights have occurred in the context of the fight against terrorism, which is our common priority. But the bottom line is that the so-called extraordinary renditions, and all other anti-terrorist measures which go beyond what is permitted by national and international human rights standards, are not only morally wrong, they are also stupid because the only really effective measures against terrorism are those which stop more terrorists than they help to recruit.

To change the subject, I would like to alert you and invite you to a very important event which will take place on Thursday, namely the launch of the “All Different – All Equal” European Youth Campaign for Diversity, Human Rights and Participation.

This new campaign is not a simple repetition of the first, although they share the same philosophy and, of course, the same slogan.

The youth campaign of 10 years ago condemned discrimination based on ethnic origin and the colour of someone’s skin. This new campaign will have a wider focus. It will target not only racial and ethnic intolerance but also discrimination on the grounds of someone’s beliefs, gender, disabilities or sexual orientation.

There will be a succession of speeches inside and outside this building starting at 12:30, but as in all respectable youth events, there will also be a party starting at 6 o’clock in the Council of Europe Youth Centre, with good music, cold drinks, flammekuechen, crêpes, bratwurst and döner kebabs. You are of course all very cordially invited to attend.