WRITTEN QUESTION E-1177/02

by Mogens Camre (UEN) to the Commission

(25 April 2002)

Subject: Muslim imams' incitement to violence

European citizens' security, European human rights and peace in the Member States are under threat from certain fundamentalist Muslim imams who are openly calling in the Member States for holy war and publicly supporting the use of Islamic law, Sharia.

In declaration upon declaration, the EU proclaims its intention to create an area of peace, security and justice. It may seem contrary to such designs for the EU to allow fundamentalist political forces, under the guise of alleged religious faith, to call on Muslims in Europe to go to holy war and to voice their support for Islamic law, the atrocities of Sharia.

On 5 April 2002, during Friday prayers at a Copenhagen mosque, Imam Ahmed Abu Laban, whose followers number between 10 000 and 15 000, called on his fellow believers to support their compatriots at home who, he claimed, wanted jihad and were willing to pay the price to liberate the Al Aqsa mosque in Jerusalem. The newspaper Politiken reports him as saying you must not believe that those killed in combat are dead. They are alive with Allah and Allah bestows gifts upon them. We should think about being active rather than passive. He added that Muslims should not rely on the UN or its Security Council but should put their trust in Allah over the Middle East conflict.

Only a week earlier, the same imam had voiced his support for the use of Sharia to carry out the death sentence imposed on a Nigerian woman, Safiya Hussaini, for adultery.

In a judgment of 31 July 2001 (cases 41340/98 and 41342/98), the European Court of Human Rights in Strasbourg ruled that Sharia (Islamic law) is clearly contrary to the values set out in the Convention on Human Rights. Nevertheless, the EU's contribution has consisted in the main of one distorted report after another from the so-called Observatory for Racism and Xenophobia vilifying anyone who voices misgivings about the advance of fundamentalism in the EU.

Will the Commission take steps to introduce legislation which ensures that any person inciting to holy war, violence and violation of human rights is deported from the EU?

Answer given by Mr Vitorino on behalf of the Commission

(18 June 2002)

The Commission would point out that the European Union is founded on the principles, common to all the Member States, of liberty, democracy and respect for human rights and fundamental freedoms, including freedom of expression, within the limits laid down by the law. The Commission deplores any action that could constitute an incitement to hatred or to the violation of human rights.

The Commission does not intend to propose legislation ensuring that any person inciting to holy war, violence or the violation of human rights is deported from the territory of the European Union. The Member States are responsible for deportations from their territories on grounds of public policy and public security.

In the case of EU citizens and members of their families who have a right to free movement within the European Union, Articles 39(3), 46(1) and 55 of the EC Treaty allow Member States to restrict the right to free movement where this is justified on grounds of public policy, public security or public health. Such measures must in any event comply with the requirements of Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health(1).

The Commission would also refer to Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals(2). This Directive allows Member States to recognise an expulsion decision by another Member State, where a person poses a serious and present threat to public order or national security and safety.

Moreover, on 10 April 2002 the Commission launched a broad debate with the release of a Green Paper on a Community Return Policy on Illegal Residents(3). The Green Paper calls, inter alia, for more reflection on whether the grounds for expulsion decisions should be further aligned.

(1) OJ L 56, 4.4.1964.

(2) OJ L 149, 2.6.2001, p. 34.

(3) COM(2002) 175.