WRITTEN QUESTION E-0744/00

by Daniela Raschhofer (NI) to the Commission

(13 March 2000)

Subject: Support for South Tyrolese citizens sentenced by Italian courts in breach of the provisions of the European Human Rights Convention

In the 1960s South Tyrolese citizens were sentenced in Italy to terms of life imprisonment, some of which are still being served. This is particularly true today of those who were sentenced in absentia by Italian courts to life imprisonment for alleged crimes of violence. Detailed investigations and legal proceedings in Austria with the Italian side also in attendance established beyond doubt, however, that in each individual case the accusation of crimes of violence was unfounded. In the light of numerous findings by Germany's highest federal courts (Federal Constitutional Court, Federal Supreme Court) and by the Administrative Court of the Republic of Austria, these trials of South Tyrolese citizens in Italian courts infringed the European Human Rights Convention.

I would therefore ask the Commission the following questions:

1. What measures does it plan to take to ensure that Italy quashes the sentences handed down in breach of human rights on South Tyrolese activists in the 1960s?

2. Is it prepared, where necessary, to refer this issue to the European Court of Justice for a ruling?

Answer given by Mr Vitorino on behalf of the Commission

(12 May 2000)

1. Article 6(1) (formerly Article F) of the Treaty on European Union states that the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.

Article 6(2) stipulates that the Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.

It should be emphasised that these provisions relate to the Union but not to the Member States taken individually. According to Article 7 of the Treaty on European Union, it is only in the event of a serious and persistent breach by a Member State of principles mentioned in Article 6(1) that action may be taken.

In the absence of a breach of Community law, the Commission cannot take other legal measures on the basis of Article 226 (formerly Article 169) of the Treaty establishing the European Community. No breach of Community law has occurred, however.

2. Neither the Treaty on European Union nor the Treaty establishing the European Community confer on the Commission the power to refer to the Court of Justice cases of violations of human rights perpetrated by the Member States where such violations are not in any way connected to the application of Union law.

If the persons concerned feel that Italy violated the rights guaranteed by the European Convention on Human Rights, a recommendation should be made to those persons to bring an action before the Court of Human Rights in Strasbourg, on the basis of Article 34 of the Convention. However, it should be noted here that Article 35(1) of the Convention sets a time limit of six months.