WRITTEN QUESTION E-3368/01

by Erik Meijer (GUE/NGL) to the Commission

(6 December 2001)

Subject: Unequal treatment of Israeli nationals and preventing the customs, police and army in EU States from following an undesirable example

1. Does the Commission recall that the Arab member of the Knesset Azmi Bishara has been stripped of his parliamentary immunity at the request of the public prosecutor in response to the positions he had adopted with regard to the ongoing conflict between Israelis and Palestinians?

2. Can the Commission confirm that five other members of the Knesset who are of Arab origin are now also under stringent surveillance to check whether they make statements which violate security legislation, although no such checks are made on statements by their Jewish colleagues?

3. Can the Commission furthermore confirm that, in other respects too, Israeli nationals of Arab origin are increasingly being treated differently from their Jewish fellow citizens, for example in that information which is required for the normal conduct of court proceedings is withheld from them and their lawyers on security grounds, in that they are placed in administrative detention, which involves detainees first being tortured on the moderate physical pressure principle which the Supreme Court forbade in 1999 and then released without any explanation, and in that, when crossing the external borders, they are compelled to undress at customs posts and are interrogated, and by means of other forms of racial profiling which violate the principle of equality between people laid down by law?

4. What is the Commission doing in its contacts with the State of Israel to put an end to such unequal treatment of Israeli citizens as soon as possible?

5. What is the Commission doing to prevent such practices as are currently being applied in Israel from setting the trend for customs, army and police units engaged in fighting terrorism in the EU Member States, as a result of which residents of these States might be deprived of equal status and of important liberties?

Source: The Dutch newspaper De Volkskrant, 19 November 2001

Answer given by Mr Patten on behalf of the Commission

(20 February 2002)

1. The Commission is aware that the parliamentary immunity of Member of the Knesset (MK) Azmi Bishara has been lifted.

2. The Commission has no information concerning possible surveillance of other MKs of Arab origin.

3. The Commission has received information from different sources that the Arab minority may be treated differently from their Jewish fellow citizens. A number of cases of administrative detention of Arab citizens have been reported by human rights organisations which indicate that Arab citizens may be subject to more stringent security checks that their Jewish fellow citizens.

4. The issue of the rights of the Arab minority in Israel has been formally raised in the framework of the political dialogue with Israel. The Community has stated that Israel's legitimate security concerns must be addressed with full respect of human rights and within the framework of the rule of law, in accordance with Article 2 of the Community-Israel Association Agreement. The Commission regularly monitors developments concerning the Arab minority in Israel and has provided financial support to human rights organisations which promote equal rights and fair treatment for the Arab minority.

5. The Commission would inform the Honourable Member that Member States are responsible for organising and running their anti-terrorist services.

There are no provisions in the founding Treaties of the Union and the European Community that allow the Commission to intervene in the Member States' affairs to take preventive action or advise them on how to organise their respective services.

However, in an area where the Community has been delegated powers to act, the Commission ensures that fundamental rights are respected.