The European Parliament,

- having regard to its resolution of 23 November 1989 on the Birmingham Six OJ No. C 323, 27.12.1989, p. 103 in which Parliament called for a thorough review of the case of the Birmingham Six and instructed its Committee on Legal Affairs and Citizens' Rights to draw up a report on this case,

- having regard to the joint Declaration on Fundamental Rights by the European Parliament, the Council and the Commission of 5 April 1977,

- having regard to the third recital of the preamble to the Single European Act in which the Member States stress their determination to work together to promote democracy on the basis of fundamental rights recognized in the constitutions and laws of the Member States, in the Convention for the protection of Human Rights and Fundamental Freedoms and in the European Social Charter, notably freedom, equality and social justice,

- having regard to the case-law of the Court of Justice of the European Communities concerning the European Convention on Human Rights and taking into account in particular Article 6, paragraph 1, of the latter according to which everyone is entitled to a "fair trial",

- considering in this context the Commission communication of 19 November 1990 on Community accession to the European Convention on Human Rights and some of its Protocols,

- having regard to recent documents published by Amnesty International on Human Rights in the United Kingdom, in particular concerning the Birmingham Six A.I. Index, Eur 45/14/88 of August 1988 A.I. Index, Eur 45/01/90 of February 1990 and

A.I., Index, Eur 45/04/91 of June 1991 "United Kingdom: Human Rights concerns", p. 21,

- having regard to the conclusions of the European Council of 27 and 28 June 1991, in which it is reaffirmed that respect for, and promotion and safeguarding of, human rights is one of the cornerstones of European cooperation as well as of relations between the Community and its Member States and in which it is stressed that expressing concern about the violation of human rights cannot be considered as interference in the internal affairs of a State,

- having regard to its resolution of 14 June 1991 on Union Citizenship See Minutes of 14.6.1991, Part II, Item 18,

- having regard to the joint motion for a resolution replacing the motions for resolutions Docs. B3-929, 930, 931 and 934/91 on human rights in which Parliament had instructed its Committee on Legal Affairs and Citizens' Rights "to analyze, with the assistance of the Commission, the reports of non-governmental organizations on respect for human rights in the Member States of the European Community and to draw up annual reports on respect for human rights within the European Community" OJ No. C 240, 16.9.1991, p. 45,

- having regard to the report of the Committee on Legal Affairs and Citizens' Rights (A3-0252/91),

A. fully aware that jurisdiction for cases of miscarriage of justice lies with national courts and, where appropriate, possibly with the organs set up by the European Convention on Human Rights,

B. recalling in this context, however, that, as the last European Summit made plain, the European Community has recognized respect for human rights as a foundation for the construction of Europe,

C. believing furthermore that, in defining the architecture of European Political Union, it is imperative to promote the establishment of a European legal area in which the European Community would ensure respect for human rights in its Member States,

D. referring moreover to the urgent need for the Communities to spell out and elaborate a separate concept of European citizenship in the context of the Intergovernmental Conference on Political Union and deeply convinced that the concept of Union citizenship implies the existence, the effective implementation and control of fundamental rights and freedoms, not only at the national level but also at the European level,

whereas, in this context, believes that the European Parliament, although not a judicial or fact-finding body but by definition a political body, is entitled to respond to public criticism concerning the administration of justice in the Member States,

whereas, in order to justify this approach it is sufficient to point out that it is our citizens' trust in their own judicial system that is at stake,

E. whereas, bearing this approach in mind and turning to the specific case in question, the European Parliament has constantly shown its concern for the convictions of the Birmingham Six in 1975, in particular because these convictions were based in part on confessions which the accused later withdrew on the grounds that they had been made under pressure and as a result of inhuman treatment by the police and in part on forensic evidence subsequently shown to be unreliable,

1. Notes with satisfaction that since the European Parliament's decision to ask its Committee on Legal Affairs and Citizens' Rights to draw up a report on the Birmingham Six and following several discussions within that committee as well as a mission to England by its rapporteur, the six men were released by the Court of Appeal for England and Wales on 14 March 1991;

2. Appreciates the decision of the Court of Appeal for England and Wales to override its previous assessment of the evidence given in the case but at the same time deplores the fact that the six men had to remain in prison for more than 16 years;

3. Considers it essential that, even in exceptional circumstances, particularly those involving acts of terrorism, the state should strictly ensure that human rights are upheld and protected at all levels in accordance with the standards laid down by the European Convention on Human Rights, in affirmation of the principle that the judicial system must be both fair and effective;

4. Believes that this case constitutes an appropriate example of the indispensable need for public opinion in general to have confidence in the sound administration of justice and, in this context, notes with great interest that on 14 March 1991 the Home Secretary set up a Royal Commission with wide-ranging terms of reference to inquire into every aspect of criminal procedure in England and Wales, from the time a suspect is arrested to arrangements for dealing with alleged miscarriages of justice;

5. Bearing this case in mind, considers it appropriate to give further thought at a later date to the ways in which guarantees of defence, in particular during police investigations, are provided for in criminal procedure in the Member States, and reserves the right to draw up a report on this subject, possibly in the framework of an annual report on respect for human rights within the European Community;

6. Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.