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28th Mar 2024

EU reaches agreement on Guantanamo prisoners

The 27-nation EU has agreed to share all details on Guantanamo detainees before and after they are allowed to reside on its territory, but a get-out clause to temporarily prevent them from moving freely across the bloc has also been agreed.

"Consultation and information sharing is important both before and after decisions to receive former detainees are taken in order to give all member states the opportunity to ... take appropriate measures if necessary," says the document approved by EU interior ministers on Thursday (4 June).

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  • Some 250 people are still imprisoned at Guantanamo Bay (Photo: Wikipedia)

Such measures could "temporarily affect free movement of people if necessary," the document continues to read, signalling a clear victory for Austria, which had raised strong objections to the continent taking in inmates from the Cuba-based US detention centre.

"If a member state decides to accept a Guantanamo detainee, it must respect the security situation of another country," Austrian interior minister Maria Fekter told journalists after the deal was reached.

She added that the chance of a former detainee entering Austrian territory was now "extremely low." As soon as Vienna learns about their intention to cross to Austria, authorities will examine the case and if necessary, impose travelling restrictions.

But any such safeguard must respect the limits set by the rules in the Schengen area, the EU's borderless zone. Under normal circumstances, anyone legally residing in one member country may not be prevented from moving freely within the entire Schengen area.

The backbone of the ministerial deal is a swift and detailed exchange of security data within the EU bloc as well as with Iceland, Norway and Switzerland, three non-EU Schengen members.

The flow of information should start the minute the United States asks someone to receive an Guantanamo inmate, with Washington itself expected to provide a potential host country with "all available (confidential and other) intelligence and information concerning that person."

The EU capitals are, however, "encouraged" to admit only those who are cleared for release, have not been prosecuted by the US, cannot return to their home country and who want to live in Europe.

The detainees' envisaged legal status should also be open for discussion by different national authorities concerned by security risks for their domestic territory.

Member states divided on taking in prisoners

Meanwhile, the Czech EU presidency indicated that "several dozens" of Guantanamo inmates are likely to end up in Europe. "It's hard to give numbers because it is up to member states, but I think several dozen people" could be admitted, Czech interior minister Martin Pecina was quoted as saying by AFP.

At a press conference on Thursday, Mr Pecina also reiterated that his country would not take in Guantanamo inmates.

"Under the previous government the Czech Republic said it wasn't considering receiving any detainee from Guantanamo. We are not aware of any person in Guantanamo having any links to the Czech Republic," so there is no reason for Prague to take in any, the minister told journalists.

According to one EU diplomat, Belgium, Ireland and Portugal seem on the other hand willing to accept some detainees, while France and the UK have already accepted one individual each.

The idea to transfer some Guantanamo prisoners to Europe was triggered by the decision in Washington to close the detention site - seen as a symbol of US human rights violations in the war against terrorism - and was strongly advocated for by Portugal.

Some 250 people are still imprisoned at Guantanamo Bay, with up to 60 of them cleared for release.

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