EN Official Journal of the European Union CE 84/414

(2004/C 84 E/0483)

WRITTEN QUESTION P-0490/04

by Harlem Désir (PSE) to the Commission

(12 February 2004)

Subject: Imprisonment of the Pakistani journalist Khawar Mehdi Rizvi who was arrested in Karachi on 14 December 2003 together with the French journalists Marc Epstein and Jean-Paul Guilloteau who wrote for ‘L'Express’ magazine

On 14 December 2003, the Pakistani journalist Khawar Mehdi Rizvi was arrested in Karachi together with the French journalists Marc Epstein and Jean-Paul Guilloteau, reporters for the French magazine ‘L'Express’. After being held in custody for several days, the European journalists were released, while Khawar Mehdi Rizvi was kept in custody and charged with offences carrying heavy sentences, including life imprisonment.

The charges brought by the Quetta Police Criminal Department accuse Khawar Mehdi Rizvi of having accepted money from Marc Epstein and Jean-Paul Guilloteau, reporters for the French Magazine L'Express, to fabricate a report on a Taliban commander and a Taliban training camp. Khawar Mehdi Rizvi is accused of various crimes: ‘conspiracy’, ‘sedition’, ‘harming the international reputation of Pakistan’ and ‘promoting hatred between Pakistan and a neighbouring country and the international community, and between Islam and other religions’. These accusations are not based on any material evidence. Indeed, the two French journalists from ‘L'Express’ involved in the same incident were simply fined.

The American Ambassador to Pakistan has made representation to the Islamabad Government, voiving his concern at Khawar Mehdi Rizvi's treatment. The Khawar Mehdi Rizvi International Support Committee consists of Pakistani journalists and reporters from the French media organisations France 2, TF1, ‘Le Monde’, ‘Libération’ and ‘L'Express’, from the American newspapers The New York Times' and the ‘Chicago Tribune’, as well as from Reporters sans frontières.

What measures does the Commission intend to take to facilitate the release of Khawar Mehdi Rizvi?

Answer given by Mr Patten on behalf of the Commission

(5 March 2004)

Following his arrest Mr Rizvi was held in secret detention for more than four weeks. Yet, since the police publicly announced his detention on 24 January 2004, the normal judicial procedures have been re-established with the filing of a First Information Report. Mr Rizvi has been charged with sedition under Section 124-A of the Pakistan Penal Code. He is now under judicial custody and the procedures are ongoing.

Section 124-A of the Penal code is in accordance with the Constitution of Pakistan, Article 19 of which authorises restrictions to the freedom of the speech ‘in the interest of […] the integrity, security or defence of Pakistan or any part thereof, friendly relationship with foreign states […]’.

Although it is deplorable that Mr Rizvi disappeared without trace for some time after his arrest, the Judiciary does, in principle, not seem to have acted in a discriminatory way towards him. It should be pointed out, however, that the two French journalists were arrested, tried and sentenced under charges of non-compliance with visa limitations under Section 4(a) of the Foreigners Act, whereas Mr Rizvi is confronted with the much more serious charge of sedition, which could result in life imprisonment. This does give the impression that Rizvi alone is suffering the most serious consequences for what clearly was a misguided approach by the entire group of journalists.

The Court has not yet ruled on Mr Rizvi's case and the Commission does under normal circumstances not wish to interfere with an ongoing process of justice. Nevertheless, the Commissioner in charge of External Relations raised the issue during the recent Ministerial Troika meeting in Islamabad on 18 February 2004, calling for clemency in the treatment of Mr Rizvi. We also understand that Heads of Mission in Islamabad will continue to monitor developments and that it is planned to bring up Mr Rizvi's case in future contacts with the Pakistan authorities.