# CE2004088EN.01011401.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/114 |
| --- | --- | --- | --- |

8.4.2004

EN

Official Journal of the European Union

CE 88/114

---

(2004/C 88 E/0120)

WRITTEN QUESTION E-2775/03

by Jules Maaten (ELDR) to the Commission

(16 September 2003)

Subject:   Unlawful detention of an EU citizen in Thailand

Subject:

| 1. | Is the Commission aware that the Netherlands national Machiel Kuijt is still being held in detention despite having been acquitted by a Thai court of involvement in drugs smuggling? |
| --- | --- |

1.

Is the Commission aware that the Netherlands national Machiel Kuijt is still being held in detention despite having been acquitted by a Thai court of involvement in drugs smuggling?

| 2. | Does the Commission agree that it is contrary to the principle of equality that an Italian fellow-suspect of Mr Kuijt's who has likewise been acquitted has, on the contrary, been allowed to leave Thailand pending an appeal? Does the Commission furthermore agree that it is undesirable for a friendly power to treat two EU citizens unequally? |
| --- | --- |

2.

Does the Commission agree that it is contrary to the principle of equality that an Italian fellow-suspect of Mr Kuijt's who has likewise been acquitted has, on the contrary, been allowed to leave Thailand pending an appeal? Does the Commission furthermore agree that it is undesirable for a friendly power to treat two EU citizens unequally?

| 3. | Does the Commission agree that, in refusing to release Mr Kuijt on bail, the Thai authorities are failing to comply with their obligations under the International Covenant on Civil and Political Rights, to which Thailand has been a party since 1997? |
| --- | --- |

3.

Does the Commission agree that, in refusing to release Mr Kuijt on bail, the Thai authorities are failing to comply with their obligations under the International Covenant on Civil and Political Rights, to which Thailand has been a party since 1997?

| 4. | Will the Commission raise the above issues with Thailand's representative to the EU? |
| --- | --- |

4.

Will the Commission raise the above issues with Thailand's representative to the EU?

| 5. | Will the Commission consider sanctions to convince the Thai authorities that further detention of Mr Kuijt pending an appeal is a violation of international treaties? If so, what sanctions? |
| --- | --- |

5.

Will the Commission consider sanctions to convince the Thai authorities that further detention of Mr Kuijt pending an appeal is a violation of international treaties? If so, what sanctions?

Answer given by Mr Patten on behalf of the Commission

(16 October 2003)

(16 October 2003)

The Commission, through its Delegation in Bangkok, has been following the case of Mr Machiel Kuijt in Thailand.

In the Commission's view, the competence to intervene in Mr Kuijt's case lies primarily with the Dutch authorities.

The Commission does not get involved in cases of a consular nature, nor take position, unless in the context of an Union démarche previously agreed with the Member States.

The Commission would therefore suggest that the Honourable Member might wish to raise the matter with the Dutch Government in the first place.

The Commission will continue to follow the case in co-operation with the diplomatic missions of the Member States in Thailand.

---