WRITTEN QUESTION P-2490/02

by Giacomo Santini (PPE-DE) to the Commission

(30 August 2002)

Subject: Case of the Italian woman married to a Tunisian who is being prevented from returning to Italy with her children

Following the many cases involving women who are EU citizens married to citizens of third countries, the most recent being that of Iris Moneta and her daughter Iman, held against their will in Syria by Iman's father who did not want her mother to take her back to Italy, news has emerged of a further case, which has yet to be resolved, involving an Italian woman, Claudia Adami, her Tunisian husband, Afajed Garbouj, and their two children, aged five and one-and-a-half.

Ms Adami travelled to Tunisia for the summer holidays and after her arrival in that country her husband confiscated her passport, thereby preventing her from leaving the country of her own volition.

Moreover, when asked to intervene the Tunisian police essentially supported the woman's husband, preventing her from leaving the country with her children and consigning her to an enforced stay in a hotel in Tunisia.

Is the Commission aware of this latest case involving the degradation of women in third countries and restrictions on the freedom of movement of a Union citizen in Tunisia?

Not least in the light of the bilateral agreements in force between Tunisia and the European Union, what practical steps does the Commission plan to take with a view to resolving this unfortunate case immediately, and at what level does the Commission intend to make representations to the Tunisian Government?

What measures does the Commission plan to take vis-à-vis the governments of all third countries with a view to preventing further, similar cases involving serious violations of fundamental freedoms and human rights, irrespective of race, religion, nationality and sex?

Answer from Mr Patten on behalf of the Commission

(4 October 2002)

The Commission is aware of the problems which can be caused by the separation of mixed couples where, by law, the children cannot leave the father's native country without the father's permission.

The case of Mrs Adami has been brought to the Commission's attention. It appears that the Tunisian courts and authorities have made efforts to resolve the problem quickly, since the couple themselves have not been able to reach an amicable settlement.

Independently of this specific case, during the meeting of the Social Affairs Group held in Tunis on June 25 this year under the Association Agreement, the Commission stressed the importance it attached to children's well-being, and more generally, to observance of European legal decisions which granted the right of custody to a sole parent in cases where this right was not shared.

The Commission took the opportunity to encourage Tunisia to respect the Hague Convention of 25 October 1980 on the civil aspects of international child abduction, and also the Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children.

The Tunisian authorities stated that they shared European concerns about the well-being of children and potential family traumas which could occur when mixed couples separated.