WRITTEN QUESTION E-3420/01 by Charles Tannock (PPE-DE) to the Commission. The arrest and torture of Bubis in Equatorial Guinea.
Date: 2001-12-12
Institutions: European Parliament, Provisional data
Subjects: EU relations, Equatorial Guinea, UN Commission, arrest, ethnic group, human rights, prison system, torture

6.2.2003

EN

Official Journal of the European Union

C 28 E/5

In another area, criminal law, the concept of legal majority is not always the most relevant, and it is
preferable to refer to the age of criminal liability. This varies according to the Member State. In certain
countries it is set at twenty-one. Before that age, depending on the legal system, there may be either no
criminal liability at all (for children under a certain age stipulated by domestic law) or limited liability, with
the actual arrangements again being defined by the laws of the Member States. The age of a young
offender can thus affect the way in which the case is handled (so that, for instance, educational measures
are preferred to enforcement measures) or the procedure applied (e.g. proceedings in camera, specialised
courts, etc.).

Similarly, where a victim is a minor, age may constitute an aggravating circumstance where the offender is
concerned. The Council is currently examining on the basis of a Commission proposal to what extent the
age of a victim can constitute an aggravating factor in crimes committed against children.

Lastly, the Commission stresses that the concepts of ‘major’ and ‘minor’ were originally devised within a
legal context unrelated to considerations of a statistical nature. As regards employment, for instance, the
concepts of ‘major’ and ‘minor’ are not applied. The term ‘active population’ is an economic concept. In
the interest of data comparability, it was agreed at international level that this term would refer to the
15-64 age group. This convention has been applied in particular by all international organisations (ILO,
UN, Eurostat, OECD, etc.) for many years. Commission Regulation (EC) No 1897/2000 of 7 September
2000 implementing Council Regulation No 577/98 on the organisation of a labour force sample survey in
the Community concerning the operational definition of unemployment (5) sets an age limit (fifteen) above
which a person is regarded as being unemployed if he/she is not in employment, is actively seeking
employment and is available for work.

Age limits are chosen according to the ages at which working life may begin in most Member States and is
legally supposed to finish: the age of fifteen is generally the end of compulsory education, while the age of
sixty-four generally corresponds to the end of working life.

Where child labour is concerned, the reference must be to the occupational activity of school-age children.

(1) OJ C 93 E, 18.4.2002, p. 201.
(2) OJ L 212, 7.8.2001.
(3) COM(2000) 854 final/2.
(4) OJ L 82, 22.3.2001.
(5) OJ L 228, 8.9.2000.

(2003/C 28 E/004)

WRITTEN QUESTION E-3420/01

by Charles Tannock (PPE-DE) to the Commission

(12 December 2001)

Subject: The arrest and torture of Bubis in Equatorial Guinea

In response to a raid by up to forty members of the Bubi tribe on a military barracks in January 1998,
approximately five hundred people were arrested by the Guinean authorities, of whom, according to
Amnesty International, six died in custody, many were tortured to extract ‘confessions’ and about seventy
people were sentenced to terms of imprisonment ranging from six to twenty-six years following trials
which fell far short of internationally accepted standards.

Has the European Union raised these matters with the Guinean Government? If so, what pressure has been
brought to bear to ensure that the prisoners are not brutalised and receive proper nourishment and
medical treatment and that a political settlement is found to the problems which led to the storming of the
barracks?

C 28 E/6

Official Journal of the European Union

EN

6.2.2003

Answer given by Mr Nielson on behalf of the Commission

(15 March 2002)

The European Union has carefully monitored the situation since the arrest of the Bubi prisoners accused of
the attempted coup of June 1998.

The EU has made representations on several occasions,
the
15 prisoners condemned to death had their sentence commuted to life imprisonment. Some 30 prisoners
serving sentences of more than six years were released under the amnesty declared in January 2001.

the main outcome so far being that

On the occasion of his last visit in November 2001, the special representative of the United Nations
Commission on Human Rights was allowed to visit all the places where Bubi prisoners were being held
and noted an overall improvement in the conditions in which they were being held.

In the course of the political dialogue with Equatorial Guinea, the EU has always stressed the need for the
country to accede at the earliest opportunity to the International Convention on the Elimination of All
Forms of Racial Discrimination.

The EU has reiterated the importance of respecting and applying the principles of the national pact
between the government and the political parties.

Hence, with a view to promoting the establishment of constitutional government and reducing racial
tensions, the Commission approved a project in 2001 to provide support for the development of civil
society and reinforce legal security and the functions and activities of the country’s parliament.

(2003/C 28 E/005)

WRITTEN QUESTION E-3587/01

by Bill Miller (PSE) to the Commission

(8 January 2002)

Subject: Microfinance schemes

There are many examples of microfinancing institutions such as the Graneen Bank and BRAC in
Bangladesh which successfully target poor people in some of the world’s poorest areas.

While I am aware that these are not a panacea for all poverty problems, they can be part of a raft of
initiatives.

What action is being taken to support these schemes and any others which are operating?

(2003/C 28 E/006)

WRITTEN QUESTION E-3614/01

by Elspeth Attwooll (ELDR) to the Commission

(8 January 2002)

Subject: Microfinance and EU development policy

Microfinance is proving to be a most successful means of providing effective support for poor people, one
which enables them to lift themselves from poverty.
In terms of the EU’s development policy, and
following the Commission’s 1998 Communication, what action has been taken by the Commission to
implement its policy on microfinance over the last few years? Could the Commission provide details of the
action that it has taken? In particular, what action has been taken on microfinance programmes for rural
development?

Could the Commission also state what proportion of the EU’s financial aid to developing countries is
allocated to microfinance programmes?