92003E0801

WRITTEN QUESTION E-0801/03

by Koldo Gorostiaga Atxalandabaso (NI) to the Commission

(17 March 2003)

Subject: Freedom of expression

Euskaldunon Egunkaria, the only daily the newspaper of the world in Euskara (Basque language) was closed last week by order of the Audiencia Nacional, a special court in Madrid which deals with cases related to big crimes. According to the court Egunkaria belongs to or collaborates with ETA.

Egunkaria was founded in 1990 after PTAS 150 million (EUR 900 000) were raised in a popular campaign. On Saturday, 22 February, a massive demonstration took place in the streets of Donostia (San Sebastian). Marchers were brandishing a new newspaper called Egunero published by the journalists of Egunkaria. The first day they sold 50 000 issues, next day 75 000. Both the demonstration and the Egunero issues' success prove the social concern and clear solidarity of the Basques with the newspaper.

Does the Commission consider that this action of the Spanish authorities against the Basque newspaper respects the basic principles of a democratic state?

Will the Commission urge the Spanish authorities to re-open the newspaper immediately?

Does the Commission consider that the solitary confinement of the arrested journalists and the seizure of their documents are in line with full respect for human rights and press freedom?

Joint answerto Written Questions E-0641/03, E-0672/03 and E-0801/03given by Mr Vitorino on behalf of the Commission

(30 April 2003)

The Egunkaria newspaper was closed down by court order. In our democratic States based on respect for the law, the judicial power is independent of the executive and the decisions of the courts cannot be overruled by political pressure. The Commission cannot comment on decisions given by a judicial authority.

All the judicial systems of the Member States of the Union provide the procedural guarantees for legal or natural persons prosecuted or sued in the courts as required by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Anybody who considers that his fundamental rights have been breached can bring an action in the European Court of Human Rights after all domestic legal remedies have been exhausted.