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EUROPEAN PARLIAMENT 2004 2009 Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners 5.12.2006 NOTICE TO MEMBERS Subject: Report on the TDIP Committee delegation visit to Bucharest (Romania – 17-19 October 2006) Please find attached a report on the delegation visit to Bucharest prepared by the Secretariat under the responsibility of Mr Carlos Coelho, committee and delegation chairman. DIRECTORATE-GENERAL FOR INTERNAL POLICIES CM\643712EN.doc PE 382.407v01-00 A. Procedure When it adopted its working programme for the second half of the year on 10 July 2006, the TDIP Temporary Committee decided to send a delegation to Romania. By letter of 13 July 2006 (310323/D(2006)39564) Mr Coelho, chairman of the TDIP Committee, asked Mr Borrell, President of the European Parliament, to seek the Bureau's approval for this visit. On 6 September 2006, the Bureau agreed to this request, authorising 10 committee members (chairman, rapporteur and one representative from each political group) to travel to Bucharest from Tuesday, 17 to Thursday, 19 October 2006. Delegation participants are listed in Annex 1 and the programme is detailed in Annex 2. B. Record of meetings Monday, 16 October 2006 18.30 – 20.00 Reception by the Finnish Ambassador, on behalf of the Council Presidency, to welcome the delegation When it arrived in the evening the delegation was welcomed by the Finnish Ambassador to Romania, Mr Tapio Saarela, and by the Head of the Commission Delegation in Romania, Mr Jonathan Scheele, as well as by several ambassadors from EU Member States. Mr Saarela and Mr Scheele took the opportunity to brief the delegation on the political situation in Romania, with a particular focus on those issues of interest to the delegation. Tuesday, 17 October 2006 9.20 – 10.30 Meeting with: Adrian Cosmin Vierita, Secretary of State for EU Affairs, Ministry of Foreign Affairs In response to the various questions put by the members of the delegation Mr Vierita gave the replies indicated below. All the Romanian authorities were unanimous in stating that there were no secret prisons in Romania; this also emerged from the various inquiries that had been carried out on their initiative. This explained why no official approach had been made to the Bush Administration, at least by the Ministry of Foreign Affairs, following the statements that he made on 6 September 2006 affirming the existence of such secret detention centres. Cooperation between Romania and the United States took place in the context of the various PE 382.407v01-00 2/17 CM\643712EN.doc EN international agreements that had been signed with the latter, which did not include a bilateral treaty on the fight against terrorism. The use of Romanian airports and bases had taken place in this specific context. 10.55 – 12.00 Meeting with: Norica Nicolai, chairman of the Romanian Senate's Special Committee of Inquiry Ms Nicolai summarised the contents of the interim report by the Special Committee of Inquiry, as adopted by the Senate. She undertook to provide all the documents available, indicating her willingness to cooperate. The committee's term of office had been extended following a number of incidents, such as the investigation into the accident involving the Gulfstream aircraft N478GS on 6 December 2004 and the televised statements made by a young Afghan claiming to have been detained in Romania. The discussion then focused on the content of the report and the way in which the committee had conducted its investigations, particularly with reference to the flights by aircraft presumed to belong to the CIA within Romanian airspace, and the steps taken by the Romanian authorities in order to check what was happening within those aircraft. Special attention was directed towards the Gulfstream accident of 6 December 2004 and to the aircraft's occupants: three crew members and seven passengers, all American. Since the report drawn up by the frontier police was covered by the law on data protection, it could not be made available to the delegation. 12.00 – 12.30 Meeting with: Teodor Melescanu, Vice-President of the Senate and member of the Special Committee of Inquiry Mr Melescanu described in detail the way in which the Special Committee of Inquiry had carried out its work and categorically ruled out the possible existence of secret detention centres in Romania, first on account of the inherent difficulty in keeping such a location hidden and secondly because the Romanian press would immediately have reported it. In addition, he stressed that if something had happened at any airports, the Romanian authorities would necessarily have been aware of this, since nowhere was outside their jurisdiction. 12.35 – 13.25 Meeting with: Romeo Raicu and Radu Stroe, chairmen of the Special Committees for Parliamentary Oversight of the Romanian Intelligence Services Following on from what had been stressed at the preceding meetings, Mr Raicu and Mr Stroe insisted that there was no incontestable proof capable of sustaining any accusation against Romania. The two chairmen considered that their respective committees had carried out their work of parliamentary oversight in a proper manner. They also confirmed, and regretted the fact, that some Romanian bodies/individuals were not subject to constitutional checks, such as the Supreme National Defence Council, which was CM\643712EN.doc 3/17 PE 382.407v01-00 EN not subject to parliamentary oversight at present. In this context, they announced that at the Third Conference of Parliamentary Committees responsible for Oversight of the Intelligence and Security Services of the EU Member States, which was taking place in Bucharest at the same time as the visit by the TDIP delegation, they intended to propose to the European Parliament's Committee on Civil Liberties, Justice and Home Affairs that a code of conduct be drawn up for the EU Member States; this could be a model for all committees responsible for the oversight of secret services in the European Union. Finally, with regard to the statements made by President Bush, Mr Raicu felt that it was a matter for the EU institutions to request clarifications from the US Administration concerning the countries which had hosted secret detention centres. 15.45 – 16.30 Meeting with: Renate Weber, chair of the Open Society Foundation Diverging from the official line, Ms Weber expressed doubts about the non-existence of secret detention sites in Romania. In saying this she took into account, in the first place, the statements by the former Prime Minister, Mr Nastase, and the former Defence Minister, Mr Pascu, who had both stated publicly that the American bases were outside Romanian jurisdiction; this had been clearly demonstrated by the American military operations on Romanian territory during their interventions in Iraq and Afghanistan. Secondly, she spoke about the administrative procedure to be followed depending on the type of flight. Hence, commercial flights had to land at civil airports, yet the aircraft chartered by the CIA also landed at military airports. To do so they were only required to inform the Ministry of Defence, but without having to provide any reason. 16.30 – 17.00 Meeting with: Diana-Olivia Calinescu, Director of APADOR-CH, the Romanian branch of the Helsinki Committee Ms Calinescu confirmed that her organisation had been unable to complete any in-depth investigation owing to the shortage of information and the lack of interest and uncooperative attitude on the part of official institutions, which had not responded at any stage to the requests submitted to them by civil society. Her view was that the Senate Committee of Inquiry had not taken the task assigned to it seriously, either. PE 382.407v01-00 4/17 CM\643712EN.doc EN 17.00 – 18.00 Meeting with: Calin Cosmaciuc, journalist at Evenimentul Zilei Mr Cosmaciuc had been invited to comment on the articles that he had published on the issues of interest to the delegation. He confirmed that his official requests for information had come up against an institutional stone wall, especially with regard to information concerning flights in Romanian airspace. He expressed regret at being unable to reveal the sources (especially the identity of the airport worker) of information about a witness who had stated that he had seen boxes being carried from an aircraft which was presumed to belong to the CIA. Mr Cosmaciuc said that this witness had not wished to meet the delegation. Mr Cosmaciuc also stated that George Tenet had visited Romania in 2002. 18.15 – 18.45 Meeting with: Dan Vulcan, former Chief Inspector of the Ministerial Department of Civil Aviation Mr Vulcan was Chief Inspector of the Ministerial Department of Civil Aviation at the time of the Gulfstream accident of 6 December 2004. He described the situation that he found when he arrived at Baneasa Airport a few hours after the accident, and what happened thereafter: a relaxed, calm atmosphere and full cooperation on the part of the pilots of the aircraft concerned. With regard to the passengers, whom he did not see at any stage, no detailed inquiries were made, since no-one had been injured. Mr Vulcan then proceeded to give very precise answers to all the delegation's questions regarding the accident. He confirmed that this aircraft had been authorised to land at Baneasa Airport, which is a civil airport, that it had remained there for two months after the accident, and that it had then been removed in another aircraft. 18.45 – 19.00 Meeting with: Catalin Radu, Chief Inspector of the Ministerial Department of Civil Aviation There had been initial contact with Mr Radu before the TDIP delegation arrived in Romania, but since he had a very full schedule, it had not been possible to arrange a meeting.