WRITTEN QUESTION P-2799/99

by Nelly Maes (Verts/ALE) to the Commission

(7 January 2000)

Subject: Treatment of Leonard Peltier

On Thursday, 11 February 1999 former EU Commissioner Brittan stated that the Commission, through its delegation in Washington, is looking into the circumstances of the medical condition of Mr Peltier and will do its utmost to support the actions of the European Parliament in this regard. We will carefully follow up this case mldr

Parliament subsequently adopted a resolution on the treatment of Mr Leonard Peltier (B4-0169/1999(1)), in which it called for presidential executive clemency, appropriate medical treatment and an investigation into the judicial improprieties involved in Mr Peltier's conviction.

1. Has the Commission's office in Washington obtained information on Mr Peltier's medical condition, as promised on 11 February 1999 by former Commissioner Brittan?

(a) If so, following the inquiries made by its office in Washington, what are the Commission's conclusions concerning Mr Peltier?

(b) If not, why did the Washington office not make inquiries about Mr Peltier's condition, as promised by former Commissioner Brittan?

2. On the basis of the information obtained from its Washington office, does the Commission feel that Mr Peltier should be moved to a hospital?

(a) If so, has the Commission asked the American authorities to move Mr Peltier to a hospital? If not, why not?

(b) If not, how does the Commission put across Parliament's position, as contained in its resolution of 11 February 1999, to the American Congress, the President of the United States and the State Department? What were the responses to the requests for (a) the granting of presidential executive clemency, (b) appropriate medical treatment and (c) an investigation into the judicial improprieties involved in Mr Peltier's conviction?

3. In what way, and when, did the Commission put across Parliament's position, as contained in its resolution of 11 February 1999, to the American Congress, the President of the United States and the State Department? What were the responses to the requests for (a) the granting of presidential executive clemency, (b) appropriate medical treatment and (c) an investigation into the judicial improprieties involved in Mr Peltier's conviction?

(1) OJ C 150, 28.5.1999, p. 384.

Answer given by Mr Patten on behalf of the Commission

(3 February 2000)

Mr Leonard Peltier is a long term prisoner in the Federal Prison at Ford Levenworth, Kansas. An American citizen, he was extradited from Canada after his arrest in 1976 for the murder of two federal agents and has been in jail for nearly 24 years now. Mr Peltier is currently suffering from complications of maxilla-facial surgery in 1996, which cause serious problems in his jaw. In February 1999, the American authorities informed the Commission that Mr Peltier was being given normal medical treatment.

Mr Peltier does not possess the nationality of one of the Member States and for that reason, the Vienna Convention on consular relations does not apply. The treatment of prisoners in third countries varies, depending on the economic situation, legal systems, administrative rules and practices. International legal rules provide for minimum standards, such as the rule that no one shall be subjected to cruel, inhuman or degrading treatment or punishment. Although some Member States did act on an individual basis on behalf of Mr Peltier, there is no Community policy in this respect. The Commission has limited competence to intervene in these cases.