# CE2004084EN.01070702.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/707 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/707

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(2004/C 84 E/0794)

WRITTEN QUESTION P-3826/02

by Giuseppe Di Lello Finuoli (GUE/NGL) to the Commission

(20 December 2002)

Subject:   Expulsion from Italy of the Al-Shari family

Subject:

The Italian police have now handed over to the Syrian police the engineer Muhammad Al-Shari (who was sentenced to death some years ago in Syria on the grounds of being a member of the Muslim Brotherhood), together with his wife and four children, after holding them in detention for five days at Malpensa airport (Milan), during which time they were not allowed contact with third persons, in circumstances amounting to a deliberate breach of the international conventions on asylum and the much-lauded Charter of Fundamental Rights of the European Union. The Al-Shari family had arrived from Iraq, and at the very least they should have been ‘sent back’ to that country. Instead, they were handed back to the Syrian dictatorship.

The author of this question hereby declares his intention to take this case to the European Court of Human Rights in Strasbourg, and meanwhile asks the Commission to ascertain whether the death sentence decreed against Muhammad Al-Shari in Syria has been carried out or not, to state what action it will take with a view to safeguarding the physical integrity of the Al-Shari family, and to call on the Italian government to abide by its international commitments.

Joint answer

to Written Questions P-3821/02 and P-3826/02

given by Mr Patten on behalf of the Commission

(29 January 2003)

(29 January 2003)

Regarding the possible violation of asylum rights in a Member State the situation is the following: although it is the duty of the Commission to ensure observance of fundamental rights in the field of Community law, it has no power to examine the compatibility of national legislation and practice lying outside the scope of Community law with the European Convention of Human Rights.

This is established by the case law of the Court of Justice (Demirel, Wachauf and ERT) and Article 51 of the Charter of Fundamental Rights of the European Union. In the field of asylum, there are no Community provisions in place based on Article 63 of the EC Treaty related to the situation described in the two questions. In particular, the two proposals for a directive on minimum standards for asylum procedures and for a directive on the qualification as a refugee or as a person otherwise in need of international protection are still under negotiation in the Council. Therefore, the Commission has no power to intervene on that basis with the Italian authorities.

According to Syrian authorities, Mr Al-Sakhri is in detention and under investigation in relation to the events in Hama in the early 1980's, his family is not in detention. Requests have also been made to the Syrian authorities to treat Mr Al-Sakrhi according to international standards.

The Commission is in contact with the Union Presidency and Member State missions in Damascus regarding continued monitoring and follow-up of this issue.

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