B4-0897, 0909, 0921, 0927, 0935 and 0937/98

Resolution on the death of Semira Adamu during her expulsion

The European Parliament,

- having regard to its resolution of 19 September 1996 on expulsions of illegal immigrants ((OJ C 320, 28.10.1996, p. 198.)),

- having regard to its resolution of 21 September 1995 on the Commission communication to the Council and the European Parliament on immigration and asylum policy (COM(94)0023 - C3-0107/94) ((OJ C 269, 16.10.1995, p. 156.)),

- having regard to the Council recommendation of 22 December 1995 on harmonising means of combatting illegal immigration and illegal employment and improving the relevant means of control ((OJ C 5, 10.1.1996, p. 1.)) and the Council resolution of 22 December 1995 on concerted action and cooperation in carrying out expulsion measures ((OJ C 5, 10.1.1996, p. 3.)),

- having regard to the Geneva Convention of 28 July 1951 on the Status of Refugees,

- having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in particular Articles 3 and 14,

A. having regard to the death of Semira Adamu on 23 September 1998 as a result of violent treatment while she was being expelled from Belgium,

B. whereas there have been deaths and serious injuries in other Member States as a result of the use of violence during forcible expulsions,

C. whereas the fate of Semira Adamu is symptomatic of a deep crisis resulting from our societies' inability to respond to appeals for solidarity from citizens of non-member countries fleeing poverty, persecution and violence,

D. recalling that seeking asylum in another country is a universally recognised right; whereas the exercise of that right can in no case be made a criminal offence; expressing its concern at the increasingly restrictive interpretation of the Geneva Convention,

E. whereas matters relating to the granting or withdrawal of refugee status and the conditions for repatriation of asylum-seekers whose applications have been rejected arise in all the Member States and are therefore matters of common interest for all the States of the Union and whereas a genuine European asylum and immigration policy is essential,

1. Expresses its grief at the death of Semira Adamu, and its shock at the circumstances; condemns unreservedly the acts that led to her death;

2. Regrets that this tragic event obliges it to reiterate the necessity, for the persons and Member State directly concerned, of clear provisions governing both the decision to expel individuals whose presence is unauthorised, and the carrying-out of that expulsion;

3. Expresses its concern at current expulsion practices in several Member States of the Union; insists that the voluntary return of asylum-seekers whose applications have been rejected should be encouraged by strong support during the return and resettlement in their country of origin; calls on the Council, on the basis of a thorough study of existing legislation and practice, to bring forward new proposals to this end;

4. Calls for account to be taken, when applying the Geneva Convention, of the fact that women may be the victims of specific attacks on their personal integrity, such as rape, forced marriage or sexual mutilation;

5. Calls on the Council to propose common minimum rules for all sectors covered by Title VI of the Amsterdam Treaty, in particular the question of reception of asylum-seekers, conditions for claiming refugee status, the procedure for granting or withdrawing refugee status and conditions for the repatriation of illegal residents or asylum-seekers whose applications have been rejected;

6. Insists that the countries of origin should tackle the question of the guarantee of fundamental human rights such as the right freely to marry and found a family and the specific rights of women as recognised by the United Nations;

7. Advocates the implementation of measures to identify and combat networks encouraging illegal immigration for financial gain and those allowing the recruitment of illegal immigrants;

8. Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States.