WRITTEN QUESTION E-1574/02

by Fernando Fernández Martín (PPE-DE) to the Commission

(4 June 2002)

Subject: Racism between Europeans

I have received news of offences against Spanish citizens on Erasmus scholarships to encourage European mobility, who have been victims of physical and verbal aggression in Finland, suffering racist attacks simply because they are Spaniards.

Apparently, these attacks, involving Spaniards residing in Finland suffering blows, broken bones and insults from Finnish citizens, are fairly common, exemplified by the incident which occurred in Mikkeli, which has been reported in the Spanish press. The situation is not improved by the approach taken by the Finnish police their lack of interest in the victims, their dismissive attitude and their occasional failure to provide assistance. To crown it all, the Finnish courts impose virtually no punishment for offences of this kind. Once the aggressors have been arrested and found guilty, they only have to pay a fine of EUR 150.

The Spanish students concerned therefore find themselves helpless in the face not only of their attackers but also in the face of the Finnish police and courts, and can obtain support only from their own embassy.

If the Commission aware of these racist attacks amongst Community citizens?

Can the Commission provide information about the specific case cited above and the measures which it intends to take, or could take, in connection therewith?

Answer given by Mr Vitorino on behalf of the Commission

(8 July 2002)

The Commission has not received information on the facts described by the Honourable Member. In any case, and regarding the facts mentioned, the Commission has no competence to take forward such a matter, which falls within the responsibility of the Member States concerned.

As regards policy measures which are being considered at Union level to fight against racism and xenophobia, the Council is now discussing a proposal presented by the Commission in 2001 for a Council Framework Decision on combating racism and xenophobi(1) in the field of penal law. Racism and xenophobia are a very serious concerns and a direct violation of the principles common to the Member States as stated in Article 6 of the Treaty on the European Union, in particular the respect for human rights and fundamental freedoms. The purpose of the Commission's proposal is to ensure that all racist and xenophobic conducts are punishable by the same penalties in all Member States and secondly, to improve and encourage judicial cooperation by removing potential obstacles. In particular, the Commission's proposal states that the racist or xenophobic motivation should be taken into account as an aggravating factor when imposing penalties for ordinary offences. This would constitute a direct response to perpetrators of such offences and act as a deterrent.

In addition, special importance is being given to the protection of and assistance to the victims of crime within the general Union's approach to crime. A Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceeding(2) was adopted by the Council on 15 March 2001 which contains provisions regarding respect and recognition for crime victims, assistance and right to compensation in the course of criminal proceedings. More recently, the Commission has launched a debate on compensation to crime victims, through a Green Paper adopted on 28 September 2001(3). This wide public consultation aims at examining how compensation to victims of crime in the Union could be further improved through a Community initiative.

(1) OJ C 75 E, 26.3.2002.

(2) OJ L 82, 22.3.2001.

(3) COM(2001) 536 final.