WRITTEN QUESTION E-3889/02

by Olivier Dupuis (NI) to the Commission

(13 January 2003)

Subject: Request for the extradition of Mr Khemais Toumi from France to Tunisia

Following a request by Tunisian judicial authorities, France has arrested Mr Khemais Toumi, a Tunisian entrepreneur who has been resident in France for several years, and is preparing to extradite him to Tunis. According to well-informed sources, Mr Toumi has been imprisoned and is threatened with extradition on the basis of two rulings, the first of which is no longer in force, the second concerning a case of defamation. Formerly an activist of the far left during his studies in Montpellier, Mr Khemais Toumi has in recent years provided unfailing support for the victims of political repression at the hands of President Ben Ali's regime, and has consistently condemned the regime's corrupt nature, particularly with regard to cases involving persons close to the President in Switzerland and the European Union.

What information does the Commission have regarding the Khemais Toumi affair? What does the Commission intend to do to avoid a person who is the object of politically motivated charges, as is manifestly the case with Mr Toumi, being extradited to a country, Tunisia, where he would be subject to degrading treatment and where he would face trial without the least guarantee that international standards would be respected? Furthermore, what does the Commission think of the dramatic increase in violations of fundamental rights that has struck Tunisia in recent weeks?

Answer given by Mr Vitorino on behalf of the Commission

(26 February 2003)

The Commission has the same information concerning Mr Khemais Toumi as the Honourable Member does.

Cases of reported human rights violations in Tunisia are being followed by the Commission, in conjunction with the Member States. The political dialogue with the Tunisian authorities on this issue is also conducted locally by the Union embassies and the Delegation of the Commission.

Regarding the possible violation of fundamental rights in a Member State the situation is the following: Although it is the duty of the Commission to ensure observance of Fundamental Rights in the field of Community law, it has no power to examine the compatibility with the European Convention of Human Rights of national legislation and practice lying outside the scope of Community law. This is derived from the case law of the Court of Justice (inter alia, in the cases Demirel, Wachauf and E.R.T.) and reflected in Article 51(1) of the Charter of Fundamental Rights of the European Union.

The Commission has no competence to intervene in decision of Members States regarding the handling of extradition requests from third countries, such as the case of Mr Khemais Toumi from France to Tunisia. The competent authorities of the Members States deal with these cases.

Furthermore, if Mr Toumi would have applied or would apply for asylum in France, it has to be stressed that there are no Community provisions, based on Article 63 of the EC Treaty, in place yet. In particular, the two proposals for a Directive on minimum standards for asylum procedures and for a Directive on the qualification as a refugee or as a person otherwise in need of international protection are still under negotiation in the Council. At present there is, therefore, no Community law in place that would enable the Commission to make inquiries about individual asylum and immigration cases and, therefore, there is no power to intervene on that basis with the French authorities.