WRITTEN QUESTION E-1595/02

by Glyn Ford (PSE) to the Commission

(5 June 2002)

Subject: Racism and xenophobia

In the Commission's proposal for a Council Framework Decision on combating racism and xenophobia, presented on 28 November 2001, mention was made of a series of acts of racial violence committed in 1999 in Austria, France, Germany, Sweden and the United Kingdom, as well as Spain and Portugal. Nothing at all is mentioned about Greece where, in October 1999, a gunman went on a shooting spree, firing at any person who happened to look foreign. Two foreigners were killed and seven others were injured, five of whom are still in a very serious condition. Two are paralysed from the waist down and one still has a bullet lodged in his head because its removal could be fatal.

Among those injured, only one receives a disability pension from the Greek Government. Five others received only a one-off compensation of some EUR 880, hardly enough to cover one month of medical treatment, let alone their daily subsistence. The seventh injured person, probably a clandestine migrant, disappeared.

The Commission can, quite understandably, not comment on how individual Member States deal with victims of racist attacks. However, does the Commission not consider that appropriate care for victims should be an integral part of the fight against racism and xenophobia, and that a provision on appropriate compensation should have been included in the aforementioned proposal for a Council Framework Decision, bearing in mind that the Commission had, after all, proposed, on 28 September 2001, EU action in the field of compensation of crime victims?

Answer given by Mr Vitorino on behalf of the Commission

(4 July 2002)

Racism and xenophobia are a direct violation of the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles upon which the Union is founded and which are common to the Member States as stated in Article 6 of the EC Treaty.

The Commission's, in its proposal for a Council Framework Decision combating racism and xenophobia(1), noted that the various reports produced by the national media, the official authorities, the European Monitoring Centre on Racism and Xenophobia or NGOs reveal, unfortunately, that no Member State of the Union is immune from this phenomenon.

The purpose of the Commission's proposal is twofold: firstly, to ensure that the same racist and xenophobic conducts are punishable by the same penalties in all Member States and secondly, to improve and encourage judicial cooperation by removing potential obstacles. The Draft Framework Decision contains a provision to ensure that investigation or prosecution not be dependent on the report or accusation made by a person subjected to the offence, at least in cases of serious racist offences.

As regards the protection of and assistance to the victims of crime, the Union follows a horizontal approach. To this extent a Council Framework Decision on the standing of victims in criminal proceedings(2) was adopted on 15 March 2001. This instrument contains provisions regarding the right to compensation in the course of criminal proceedings, in particular, to obtain a decision within reasonable time limits and to encourage the offender to provide adequate compensation to victims.

The Commission's Green Paper on compensation to crime victims(3) launches a wide public consultation on how compensation to victims of crime in the Union could be further improved through a Community initiative.

One of the most important issues includes how adequate compensation for victims of racist offences or of other crimes with racist motives can be ensured. In the autumn of this year the Commission expects to conclude its assessment of how this issue could be taken forward. This assessment will also take due account of the upcoming opinion of the Parliament on the Green Paper.

(1) OJ C 75 E, 26.3.2002.

(2) OJ L 82, 22.3.2001.

(3) COM(2001) 536 final.