(2004/C 88 E/0519)

WRITTEN QUESTION E-0518/04

by Elena Paciotti (PSE) to the Commission

(24 February 2004)

Subject:   Violation of the fundamental rights of an EU citizen by the USA

Marco Fornari, an Italian citizen, son of career diplomats and therefore born in Jeddah in Saudi Arabia where his father was posted, has studied at Suffolk University in Boston and is currently enrolled at Lubbock University in Texas. Following the attacks of 11 September, his name was placed on the blacklist of persons under suspicion because of their place of birth. After repeated questioning, the Dallas authorities informed him that his case had been resolved. He went back to Italy for the Christmas holidays and on his return to Dallas Airport he was detained, handcuffed, chained to other detainees, locked in a cold cell without being allowed to contact anyone and placed on the first flight back to Europe the following morning, bound for Stuttgart. A similar fate befell a Swedish businessman held in the same cell. Marco Fornari, refused re-entry into the USA, has missed a semester of studies but has to continue to pay the rent on his apartment, which still contains his books and personal belongings.

This is an absurd, humiliating and flagrant violation of the most basic rights of European citizens.

What does the Commission intend to do to protect the rights of our citizens infringed by the USA?

Answer given by Mr Patten on behalf of the Commission

(30 March 2004)

EU statements following the events of 11 September 2001, notably in the United Nations (UN) Commission on Human Rights and the UN General Assembly Third Committee, have constantly highlighted that the fight against terrorism must be conditioned on maintaining respect for human rights, and not the other way around.

The Commission, therefore, thanks the Honourable Member for bringing the circumstances of the detention of this Italian citizen in the United States to its attention. While the Commission does not have any competence to intervene in this case, it is of course of fundamental importance that international commitments to ensure legal safeguards are honoured by all countries.