91998E2380

WRITTEN QUESTION E-2380/98

by Ernesto Caccavale (UPE) to the Commission

(27 July 1998)

Subject: Flagrant infringements caused by arbitrary extension of the preliminary investigation period

Serious irregularities have emerged involving an arbitrary method of calculating the duration of the period of the preliminary investigations by the Public Prosecutor's Office during the preliminary investigations in proceedings before the Public Prosecutor of Avellino (Italy) to ascertain the causes of the death of Mrs Enrica Romano. These infringements took the form of repeated requests for the case to be closed (up to Number 71 of the annex) which ultimately led to the loss of a period of time which could have been usefully occupied in further investigations.

The exercise of this discretionary power has therefore caused unfair and unacceptable harm to the injured parties. The undue length of the proceedings has actually infringed their fundamental right of defence enshrined in international treaties, and in the constitutions and constitutional case-law of all the Member States.

In addition, this must be deemed to be a direct breach of Article 6 of the European Convention on Human Rights, pursuant to which a hearing must be held within a reasonable time. The time-limits arising from the right of action for the defence should never preclude or prevent effective protection of the injured parties.

1. Can the Commission therefore state how it intends to investigate the above-mentioned infringements of the right to a hearing within a reasonable time?

2. Can it indicate the measures which it intends to adopt to prevent public prosecutors from arbitrarily using purely discretionary powers in the conduct of criminal proceedings which then lead to unacceptable infringements of fundamental human rights?

Answer given by Mr van den Broek on behalf of the Commission

(14 September 1998)

The Commission is committed to defending human rights throughout the world. However, the Treaties do not give the EU any general powers to uphold fundamental rights. It only has the power to apply Community law, which is based on respect for fundamental rights.

With regard to the matter raised by the Honourable Member, the Commission would point out that respect for human rights and fundamental freedoms is largely guaranteed in the Member States, both nationally, via domestic courts, and internationally, via machinery set up by the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms.