Traduction de «Inviolabilité du secret des lettres » (Français → Anglais) :

– having regard to the research and investigations carried out notably by Interights, Redress and Reprieve, and to the reports produced since the adoption of its aforementioned resolution of 11 September 2012, by independent researchers, civil society organisations and national and international non–governmental organisations, in particular the Open Society Justice Initiative’s report on ‘Globalising Torture: CIA Secret Detention and Extraordinary Rendition’ (February 2013), the independent bipartisan study conducted in the US by the Constitution Project’s Task Force on Detainee Treatment (April 2013), the Rendition Flights Database publ ...[+++]ished by the British academic website The Rendition Project (May 2013), the Amnesty International report ‘Unlock the truth: Poland’s involvement in CIA secret detention’ (June 2013), and the letter sent by Human Rights Watch to the Lithuanian authorities (June 2013),

R. whereas the UN Joint study on global practices in relation to secret detention in the context of countering terrorism (A/HRC/13/42), prepared by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances, detailed the use of secret detention sites on EU Member States' territory as part of the CIA programme, and whereas follow-up letters ...[+++] were sent to Member States requesting additional information as detailed in the communications reports of the Special Procedures, including that of 23 February 2012 ;

Notwithstanding Article 4(5), the appropriate level of the seconded military staff member’s security clearance, which may not be lower than SECRET, must be stipulated in the exchange of letters referred to in Article 1(5).

In particular it must be guaranteed to be tamper-proof, the data transmitted must enjoy absolute privacy and the system must be permanently available, 24 hours a day, 365 days a year.

In fact, to quote the report, “to proceed with a criminal investigation, a national jurisdiction must request waivers of official immunity (for suspects), of professional secrecy (for witnesses) and of the inviolability of Commission premises (for searches and access to documents)”.

By way of derogation from Article 4(5), the appropriate level of the seconded military staff member's security clearance, which may not be lower than SECRET, must be stipulated in the Exchange of Letters referred to in Article 1(5).