WRITTEN QUESTION No. 829/96 by Pedro MARSET CAMPOS to the Council. Repatriation of a Serb deserter living in Spain
Date: 1996-04-02
Institutions: European Parliament, MARSET CAMPOS
Subjects: removal













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91996E0829

WRITTEN QUESTION No. 829/96 by Pedro MARSET CAMPOS to the Council. Repatriation of a Serb deserter living in Spain  


Official Journal C 305 , 15/10/1996 P. 0021 





WRITTEN QUESTION P-0829/96 by Pedro Marset Campos (GUE/NGL) to the Council (2 April 1996)Subject: Repatriation of a Serb deserter living in SpainMilorad Bosiokovic, a Serb deserter, has been living in Spain since the beginning of the war in the Balkans. He is currently being detained in an internment centre pending imminent expulsion to his country, where he would run a serious risk of being murdered.Does the Council, as part of the Intergovernmental Conference on the reform of the Treaties which is to open on 29 March in Turin, plan to hold a discussion with a view to ensuring that situations such as the above do not occur in the Europe of rights and freedoms which results from the reform and that the European Union becomes an area in which refuge and asylum are guaranteed in cases of war and political persecution in third countries, thereby complying with European Parliament resolution B3-1440/93 ((OJ C 315, 22.11.1993, p. 221. )) of 28 October 1993?Reply (18 July 1996)The Council notes that the case to which the Honourable Member refers is a matter for the internal legislation of the Member State concerned and the international commitments which it has entered into.Furthermore, the Council is not as such involved in the discussions being held between the Member States within the framework of the Intergovernmental Conference on the reform of the Treaties.However, the Council would point out that the Treaty on European Union already specifies that asylum policy is a matter of common interest (Article K.1) which must be "dealt with in compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and the Convention relating to the status of refugees of 28 July 1951" (Article K.2).Since the entry into force of the Treaty on European Union, the Council has in particular adopted (on 4 March 1996) a common position on the harmonized application of the definition of the term "refugee" in Article 1 of the Geneva Convention ((OJ L 63, 13.03.1996, p.2. )), point 10 of which deals with "conscientious objection, absence without leave and desertion".The Council has also on numerous occasions reitereated its adherence to the common humanitarian tradition of its Member States and its desire to afford appropriate protection to refugees who are in need of it.With regard to the former Yugoslavia, the Member States are concerting their views on the conditions for repatriation of displaced persons/refugees from that region living on their territories, taking account of the role entrusted in the matter to the HCR by the international community and n accordance with the terms of the Dayton Agreement which stipulate that a prerequisite for the repatriation of such persons is the re-establishment of peace and the implementation of amnesty and human rights measures.