EN Official Journal of the European Union CE 88/120

(2004/C 88 E/0127)

WRITTEN QUESTION E-2919/03

by Marco Cappato (NI) and Maurizio Turco (NI) to the Commission

(2 October 2003)

Subject: Case of Italian citizen Maurizio Trotta, imprisoned in Romania

On 2 August 2002, Mr Maurizio Trotta, an Italian citizen from Reggio Emiliano, was arrested in Romania on charges of international drugs trafficking for possession of 11 grammes of hashish, found in his rented apartment in Craiova.

Mr Maurizio, who has been held in Craiova prison since his arrest, was tried in a court of first instance and sentenced to two years' imprisonment, following the withdrawal of the charge of international trafficking, which is punishable by up to 25 years' imprisonment.

Having received a two-year sentence, and in the light of his good conduct, Mr Trotta ought to be released in December 2003. However, following an appeal against the sentence of the court of first instance lodged by the public prosecutor's office, the case is to be re-tried, with the result that the outcome is highly uncertain and Mr Trotta is still in prison.

In the meantime, Mr Trotta's family has spent substantial sums on visiting Romania and on the fees of Italian lawyer Mr Liborio Catagliotti and the succession of Romanian lawyers assigned to the case.

There is no knowing how long the case will last or what the eventual sentence will be and there have been reports of substantial bribes being requested by those seeking to take advantage of the situation.

After making the necessary enquiries with the Romanian authorities, will the Commission say whether it considers that the fundamental rights established under the EU treaties may have been infringed in this case?

Will the Commission provide details of the response from the Romanian authorities and say what possible steps might be taken?

Answer given by Mr Verheugen on behalf of the Commission

(14 November 2003)

The Commission is not in a position to make an assessment of individual cases pending before the national courts. Such cases fall within the exclusive competence of the judiciary and the Commission neither can, nor should, intervene in its operation. The Commission notes that in a state that has ratified the European Convention on Human Rights a person who feels that their human rights have been infringed, for example with respect to Article 6 on the right to a fair trial, is entitled to take their case to the European Court of Human Rights after exhausting domestic legal remedies.

The Commission has recently sought information concerning the specific case raised by the Honourable Members with the Romanian Ministry of Justice. The information provided indicates that Maurizio Trotta was arrested and placed in pre-trial detention on 2 August 2002. He was formally charged by the Prosecutor's Office attached to the Tribunal of Dolj on 26 August 2002 and was sent for trial on the charges of introducing drugs into the country, drug trafficking and illegal possession of drugs. He was then acquitted of the first two charges by the Tribunal on 9 July 2003 but convicted of illegal possession of drugs and sentenced to two years imprisonment. Following an appeal by the Public Prosecutor Mr Trotta's sentence was increased to five years by the Court of Appeal in Craiova on 25 September 2003 for the charges of introducing drugs in the country, drug trafficking and illegal possession of drugs.

According to the relevant Romanian legislation in the field of drug crimes, namely Law 143 on the Combat of Illicit Traffic and Use of Drugs passed on 26 July 2000 and modified by Laws 169/2002 and 39/2003, cannabis plants (Cannabis sativa), herbal cannabis/marijuana, cannabis resin/hashish, and cannabis oil are classified under schedule three as ‘risk’ drugs. Article 3(1) states that the penalty for conviction of an offence of introducing a ‘risk’ drug into Romania will be 10-20 years imprisonment, Article 2(1) states that trafficking a ‘risk’ drug is punishable with a term of 3-15 years, and Article 4 provides sentences of 2-5 years for illegal possession of all drugs.