EN Official Journal of the European Union CE 78/9

(2004/C 78 E/0009)

WRITTEN QUESTION E-3652/02

by Hanja Maij-Weggen (PPE-DE) to the Commission

(18 December 2002)

Subject: El Kosheh retrial

Is the Commission aware that the final hearing of the retrial concerning the violence in El Kosheh which took place in January 2000 is due to be heard in January 2003? What efforts has the Commission made since this violent episode in its relations with the Egyptian authorities to encourage increased religious tolerance and communal peace?

Will the Commission urge the Egyptian authorities to ensure that all the available evidence is thoroughly examined and that a just verdict is delivered?

Joint answer

to Written Questions E-3644/02, E-3645/02 and E-3652/02

given by Mr Patten on behalf of the Commission

(17 January 2003)

The Commission has closely followed events in the largely Christian village of El Khosheh since August 1998 when there were widespread allegations of police brutality in the questioning of witnesses and suspects following the murder of two Coptic Christians. The Commission is also aware of the controversy surrounding the subsequent arrest in September 1998 of William Shaiboub Arsal, the cousin of one of the victims. Following his imprisonment in June 2000, his lawyers immediately appealed against the sentence but warned that it could take several years for the appeal to be heard. The Commission is concerned at the lengthy delays between his arrest and original trial and between the trial and the appeal hearing (for which no date has yet been given). Although such delays are common, the Commission will consider raising them with the Egyptian authorities should they persist.

The Commission has also monitored the follow-up of the violent events of early January 2000 when 21 Coptic Christians were killed. In its statement to the Parliament (Emergency debate 20 January 2000), the Commission indicated that it was encouraged by the initial measures taken by the Egyptian authorities to restore calm to the area and bring those responsible to justice. However, the Commission also noted the widespread concern at the outcome of the subsequent trial which resulted in the acquittal of nearly all the defendants and very light sentencing for the remaining four. The Commission was therefore encouraged by the decision of the Court of Appeal to order a retrial at the request of the prosecution. This retrial is currently underway and it is being closely followed by the Commission Delegation and Member State embassies in Cairo.

The Commission is aware that Adly Shakir was sentenced to death for murdering four family members and that the Court of Cassation rescinded the verdict. At his retrial in March 2001, he was sentenced to life imprisonment with hard labour.

The Commission cannot comment on the Adly Shakir case but it can be noted that the judicial process with respect to William Shaiboub Arsal is by no means exhausted, despite the delays to which Written Question E-3644/02 refers. With respect to whether the trials of William Shaiboub Arsal and Adly Shakir have been handled in accordance with Article 2 of the Association Agreement, it should be noted that the Association Agreement has been signed but is not yet in force. The Association Agreement, when ratified by all parties, will give rise to an important new forum in which important political issues and principles, including human rights, will be discussed constructively and in depth.

The Parliament can be assured that the Commission will continue to raise individual human rights cases with the Egyptian authorities whenever it is appropriate to do so.