92001E2613

WRITTEN QUESTION E-2613/01

by Lousewies van der Laan (ELDR)and Bob van den Bos (ELDR) to the Commission

(27 September 2001)

Subject: Arrest of 52 homosexuals in Egypt consequences for the EuroMed Agreement

On 11 May 2001, Egyptian police officers raided the Queen Boat in Cairo. 52 men were arrested on charges of practising immorality and offending religion. The men have had their names, photographs and addresses published in Cairo newspapers. Amnesty International and Human Rights Watch have expressed grave concern that the detainees have been tortured in detention and will not have any right of appeal.

It is generally believed that the 52 men have been arrested solely because of their sexual orientation and for using the freedom of assembly guaranteed to them in various treaties ratified by Egypt.

1. Which treaties ratified by Egypt does the Commission consider violated by this trial?

2. What action has the Commission undertaken and does it plan to undertake in the near future to ensure the release of the 52 men?

3. On 25 June 2001, the Commission signed the Euro-Mediterranean Agreement between the EC and the Arab Republic of Egypt. At that moment, the above incident was known about. a) Were the arrests discussed in the negotiations on the Agreement? If so, what is the reason that the treaty was signed without any guarantees from the Egyptian authorities on the fate of these 52 men? If not, why not? b) Have any of the Member States indicated they will not ratify this treaty until all 52 men are released? If a Member State chooses not to ratify what will be the consequences?

4. According to the Commission's own information, the EU is the most important trading partner of Egypt. Moreover, Egypt is a major beneficiary of EU financial co-operation. What other consequences will the trial have for EU-Egyptian relations, especially for the amount and distribution of MEDA financing?

Answer given by Mr Patten on behalf of the Commission

(14 November 2001)

The 52 gay men arrested on the Queen Boat are being charged in Egypt with immoral behaviour, and in one case also of exploiting religion. Their cases (with one exception) are being heard under State Security legislation with limited rights of appeal. Their cases have yet to be concluded, although one young defendant being tried in the juvenile courts has already been sentenced to three years in prison.

The trials have of course yet to be concluded, but the prosecutor has refuted claims that the cases challenge human rights or freedom of the assembly. However, several defendants have made allegations of serious maltreatment in prison and the early media coverage, which included publishing the pictures and addresses of those accused, also raised serious legal questions. The defence team have taken these up in court.

The Commission Delegation and the Embassies of the Member States are closely following events and have sent observers to the trial sessions. The Commission has raised the arrests, and our concern at their potential implications, at the highest level. The Egyptian government is well aware that the Commission and the Member States will not hesitate to follow this through.

The initialling of the Association Agreement text between the Union and Egypt (which formally concluded the negotiations) took place in January 2001, well before the arrest of the 52 gay men. The Commission was aware of the arrests when the Agreement was signed by

the Member of the Commission responsible for External Relations and the Presidency in June 2001. Respect of human and civil rights constitutes an essential element of the agreement. It was made clear at the time that the Commission expected this and other cases to be resolved in the best traditions of the Egyptian legal system.

It is the Commission's view that the new Association Agreement with Egypt will significantly bolster these causes by providing a new framework within which they can be discussed and promoted.