EN Official Journal of the European Union CE 88/408

(2004/C 88 E/0414)

WRITTEN QUESTION P-2372/03

by Eija-Riitta Korhola (PPE-DE) to the Commission

(16 July 2003)

Subject: Transfer of EU citizens being held prisoner to prisons in their home countries

According to information supplied by the Finnish Foreign Service, in Venezuela alone 500 citizens of EU countries are serving long prison sentences, often under particularly inhuman conditions. In some cases, for example, the prison makes no provision whatsoever for even basic services, and the prisoners themselves are instead obliged to pay EUR 300 a month for necessary purchases such as their daily food. Transport journeys are long and gruelling.

Although Venezuela has acceded to the international convention on serving sentences in the country of origin (and ratified it in April), it does not seem possible in practice, at the level of private individuals, to reach agreement on the transfer of a prisoner to his home country. Even EU Member States acting on their own appear to be powerless. One reason that the transfers have failed to happen may be the large-scale corruption within the Venezuelan bureaucracy.

Is the Commission willing to organise one-off negotiations with a view to having all the EU citizens being held prisoner in Venezuela transferred to serve the rest of their sentences to prisons in their home countries? To that end, could a high-level delegation be sent to Venezuela within the next few months in order to have the matter dealt with on the highest possible tier of the Venezuelan authorities?

Does the Commission have any knowledge of the situation in other non-member countries? Should the EU develop a system enabling it to intervene more quickly, at any rate when they are being held under the harshest conditions, in order to have EU citizens transferred to serve their sentences in their home countries?

Answer given by Mr Patten on behalf of the Commission

(12 August 2003)

The Commission is aware of the general situation in Venezuelan prisons and the conditions of detention.

The consular protection of Union citizens is a matter for the respective Member States rather than a Community competence. Through their respective diplomatic missions, Member States closely follow the situation of individual imprisoned Union citizens. Some Member States have mechanisms to support prisoners, which they put to use to the best of their ability. These include the possibility of repatriation as well as financial help and health services.

In addition to the international convention on serving sentences in the country of origin, some Member States have bilateral agreements with Venezuela. However, procedures under these agreements are cumbersome and can take up to two years.

Three Member States, Germany, Italy and the Netherlands, presented a démarche to the Venezuelan Home Minister in May 2003. The Commission is prepared to consult Member States with a view to carrying out a EU démarche at EU level vis-à-vis the Venezuelan authorities. The objective of the démarche should be to urge the Venezuelan authorities to comply with the obligations under the International Convention on serving sentences in the country of origin, as well as to request an improved application of relevant bilateral agreements with Member States. The démarche could also remind the Venezuelan authorities of their obligation under international law to ensure humane conditions of detention for imprisoned aliens.

In view of a lack of Community competence, the Commission does not receive systematic information about the situation of Union citizens imprisoned in third countries.