WRITTEN QUESTION E-3338/01 by Olivier Dupuis (NI) to the Council. Nigeria.
Date: 2001-12-03
Institutions: European Parliament, Provisional data
Subjects: EU relations, Islamic law, Nigeria, cruel and degrading treatment, death penalty, human rights, position of women, sexual discrimination

C 205 E/28

Official Journal of the European Communities

EN

29.8.2002

Supplementary answer
given by Mr Patten on behalf of the Commission

(1 March 2002)

Further to the response given to the Honourable Member on 21 December 2001, the Commission is
informed through its Delegation in Colombo that, besides holding office as a Member of Parliament,
Mr Nasheed is also a journalist. It appears that it was in connection with journalistic enquiries that
Mr Nasheed was arrested, on charges relating to the disappearance of papers from the former President of
the Maldives’ office.

He was tried on these charges, found guilty, and banished to an outlying island for two years.

(2002/C 205 E/029)

WRITTEN QUESTION E-3338/01

by Olivier Dupuis (NI) to the Council

(3 December 2001)

Subject: Nigeria

On 9 October 2001 an Islamic court in the state of Sokoto (northern Nigeria) sentenced a pregnant
woman to be stoned to death for having had a pre-marital relationship. The 30-year-old Safiya Hussaini
Tungar Dudu is the first person to have been condemned to death following the introduction in 2000 of a
strict Islamic code. The judge, Mohammed Bello Sanyinnawal, from the Gwadadawa High Islamic Court,
sentenced the woman to death after she had admitted having had a pre-marital relationship. The court,
which has released the man whom Safiya Hussaini Tungar Dudu named as her lover on the grounds that
there was insufficient evidence for him to be put on trial, has given the woman 30 days in which to
appeal. On 25 October 2001, Safiya Hussaini Tungar Dudu’s defence lawyer appealed against the sentence
and called for a stay of execution pending a ruling from the Sharia Appeals Court. On 1 November 2001
the President of the Nigerian Senate, Anyim Pius Anyim, partially condemned the sentence passed by the
Islamic court on the grounds that it discriminated against the woman (who was found guilty, whereas the
man was released), whilst the federal government has also appealed against the sentence.

In Nigeria there are many other cases in which the Sharia has been applied to pre-marital relationships,
following the decision by a dozen of the federation’s states to introduce a strict Islamic code two years ago.
Last January, in the state of Zamfara, a 17-year-old girl, Bariya Mugazu, was given 100 lashes for having
had a pre-marital relationship, after the court had rejected her powerful testimony to the effect that she
had been raped by three suspects whom she called before the court but who were released for lack of
evidence.

What urgent bilateral and multilateral action has the Council taken (or does it intend to take) in order to
prevent Safiya Hussaini Tungar Dudu from being sentenced and in order to encourage the Nigerian
authorities to abolish the Sharia and strengthen the rule of law in the country? How does the Council
intend to tackle, on an international basis, the problem of the many Islamic countries which resort to
public executions and other punishments such as whipping which are inflicted mainly on women and
often for offences which do not
the standards laid down under
international human rights agreements?

involved violence,

in breach of

Reply

(13 May 2002)

The Council would point out that Article 5 of the Universal Declaration of Human Rights and Article 7 of
the International Covenant on Civil and Political Rights provide that no one shall be subjected to torture or
to cruel, inhuman or degrading treatment or punishment. On this basis, both in international fora and in
its bilateral relations the European Union works for the cessation of such practices and for an end to the
application of the death sentence.

29.8.2002

EN

Official Journal of the European Communities

C 205 E/29

In the case of Nigeria, it may be noted that the European Union is conducting a dialogue with the Nigerian
authorities, on the basis of its Common Position on Nigeria (1), with a view to reinforcing Nigeria’s
ongoing process to consolidate democracy and respect for human rights. In this context, the Council
welcomes the Federal Government’s efforts to ensure that Nigerian law is consistent with international
human rights instruments. It regards the peaceful action taken in that connection by Moslem and Christian
human rights groups in Nigeria as encouraging. The Union has been following the case of Safiya Hussaini
closely, and notes that it is currently subject to appeal before the Sokoto Sharia Court of Appeal.

Accordingly, the Member States of the European Union and the Commission have given firm and
coordinated backing to the international efforts in support of Ms Hussaini. A formal European Union
demarche is being considered, if the Sokoto Sharia court of appeal upholds the sentence.

(1) Common Position 2001/373/CFSP, OJ L 132, 15.5.2001.

(2002/C 205 E/030)

WRITTEN QUESTION E-3366/01

by Armando Cossutta (GUE/NGL) to the Commission

(6 December 2001)

Subject: Public contracts in Italy and the Mafia

In its reply to question E-2663/01 (1) concerning the serious statement made by the Italian Minister for
Public Works, Mr Lunardi, to the effect that, where public contracts are concerned, one has to ‘live with
the Mafia’, the Commission does not address the issue which has recently emerged.

How can the Commission state that

1.
‘the Italian Government has always demonstrated total
commitment to the objectives’ of combating fraud if all the Commission has so far put forward is a
proposal (Article 43(1)) and the Italian Government has expressly stated that one has to ‘live with the
Mafia’? Or does it consider the Italian Minister’s statement need not be taken seriously C and, if so, on the
basis of what information?

In such circumstances, how can the Commission ensure that effective checks are carried out when

2.
contracts are awarded?

3.
If the current government takes the view that one has to ‘live with the Mafia’, how, and using what
tools, can the Commission convince European companies that Italy offers equal opportunities for winning
contracts?

(1) OJ C 115 E, 16.5.2002, p. 142.

Answer given by Mr Bolkestein on behalf of the Commission

(21 January 2002)

1.
In its answer to written question E-2663/01 by the Honourable Member (1), the Commission pointed
out that, in Article 46(1) of its proposal for a Directive of the European Parliament and of the Council
relating to the coordination of procedures for the award of public supply, public service and public works
contracts, it introduced an obligation aimed at excluding from participation in the invitation to tender any
tenderer who has been the subject of a definitive judgement for participation in a criminal organisation,
for corruption or for financial fraud against the European Communities.

The Commission also noted, in this context, that the Italian Government has always demonstrated its full
commitment to achieving the objectives of this proposal. In this respect, the Commission reiterates that
the Italian Government has up to now agreed with and supported the proposals which the Commission
has made concerning the above-mentioned aspect, during the discussions on the aforementioned proposal
for a Directive.