91997E3506

WRITTEN QUESTION E-3506/97 by Ernesto Caccavale (UPE) and Giacomo Santini (UPE) to the Commission (10 November 1997)

Subject: Violation of human rights in Greece

Following a road accident while on holiday in Crete a young Italian, Valeria Zagato, was arrested and unlawfully subjected to a period of preventive imprisonment. She was then sentenced during a trial conducted exclusively in Greek that did not guarantee minimum defence or civil rights solely because she was a foreigner.

Did Greece not have to respect human rights as early as 1981 when it acceded to the European Community?

Will the Commission investigate whether there was any abuse of power or cover-up by the Greek authorities in the Zagato case simply because she was not a Greek citizen?

If it is established that human rights were violated will the Commission summon Greece to appear before the competent authorities?

What will the Commission do to prevent such episodes which are outrageous and denigrating for the whole European Union?

Answer given by Mrs Gradin on behalf of the Commission (16 January 1998)

The Commission attaches great importance to the respect for human rights. It has competence in this area insofar as Community law is concerned.

In relation to the facts reported by the Honourable Member, it remains a matter of national competence for each Member State to ensure respect for human rights and fundamental freedoms through their internal systems and through the mechanisms provided by the European Convention on human rights and fundamental freedoms.

Insofar as co-operation between the judicial systems of Member States is concerned, judicial co-operation in criminal matters is of course a matter of common interest under Article K.1(7) of Title VI of the Treaty on European Union. Article K.2 specifically requires that such co-operation must be dealt with in compliance with the European Convention on human rights and fundamental freedoms. The Commission is fully associated with this work but in accordance with Article K.3 does not have a right of initiative. Neither, of course, does it have a power to police compliance with respect for human rights.