WRITTEN QUESTION E-0334/98

by Thomas Megahy (PSE) to the Commission

(17 February 1998)

Subject: Violation by the United States authorities of rights guaranteed by the Vienna Convention on consular relations

Between 60 and 100 foreign nationals have been condemned to death in the United States of America and are currently awaiting execution. At least 8 of these are citizens of Member States of the European Union. Under Article 36 of the Vienna Convention on consular relations, to which the United States is a signatory, every foreign national should in such circumstances be given access to his or her consul. Few of the condemned prisoners have been given such access.

As the Commission is committed to raising human rights issues during trade negotiations and in other appropriate fora, will it be doing so in relation to this clear violation of both human rights and civilized behaviour?

Supplementary answer

given by Sir Leon Brittan on behalf of the Commission

(22 June 1998)

The Commission thanks the Honourable Member for bringing this issue to its attention and for the help which he has extended during the Commission's investigation of the question.

The Commission has established that, in at least some of the cases to which the Honourable Member refers, the United States has indeed failed to comply with its obligations under the terms of the Vienna Convention. Furthermore, in at least one of these cases the American Government accepts this and has apologised to the government of the foreign national concerned.

In the light of the Honourable Member's concerns regarding Union citizens affected, a meeting between the Commission's delegation in Washington, Member States' consular counsellors and a representative of the American Department of State was held in Washington on 28 May 1998. In at least some of the cases mentioned by the Honourable Member, Member States confirmed that there appear to have been instances of non-compliance on the part of American state-level authorities with the terms of the Vienna Convention. These cases are being handled by the consular authorities of the appropriate Member States.

The Commission has also been assured that the American Department of State is conducting its own enquiries into all of the cases, including of Union citizens, raised in the Honourable Member's question, the results of which will be available soon.

The Presidency has recently conducted its own survey of the situation in different parts of the United States. Member States agree that ignorance on the part of local authorities - rather than wilful disregard - of the obligations imposed by the Vienna Convention is the main problem. The American Department of State is addressing this problem by circulating to state and local authorities a booklet on consular rights and by requiring each state to nominate a coordinator for consular issues.

The Commission is committed to the promotion of human rights and fundamental freedoms in its relations with all third countries. The imposition of the death penalty is an issue of particular concern and the Commission works closely with the Council to ensure that appropriate representations are made by the Union to governments, including the American government, especially where international obligations appear not to have been respected in this regard. Such representations emphasise that the Union is strongly committed to the universal abolition of the death penalty and, where it still exists, that the Union insists that it be carried out according to certain minimum standards.

On the specific issue of the non-compliance by the United States with its obligations under the Vienna Convention, as well as its practice with regard to other international instruments including the International Covenant on civil and political rights, the Commission contributes fully to discussions on this issue in the framework of the common foreign and security policy. In the event that it is decided to raise either specific cases or the general issue with the United States, it is for the Presidency to do so in the appropriate manner on behalf of the Union in line with its human rights policy.

The Commission will continue to take a close interest in this issue.