WRITTEN QUESTION P-0410/02 by Jorge Hernández Mollar (PPE-DE) to the Council. Community mediation to obtain the release of prisoners in the Sahara conflict.
Date: 2002-02-11
Institutions: European Parliament, Provisional data
Subjects: EU relations, Morocco, Western Sahara, common foreign and security policy, diplomatic relations, international issue, prison system, prisoner of war

29.8.2002

EN

Official Journal of the European Communities

C 205 E/93

A proposal in that direction, to be included in the monitoring guidelines, will be presented to the next
Nitrates Committee. With the view to securing reliability and comparability of statistics, frequency of
sampling will also be precised in that proposal, taking into account the hydrogeological context (e.g.
increased frequency for ‘karstic’ subsoil with quick circulation of waters).

(2002/C 205 E/103)

WRITTEN QUESTION E-0208/02

by Carlos Carnero González (PSE) to the Council

(5 February 2002)

Subject: Human rights in Western Sahara

According to media reports, on 24 December 2001 several score of the Saharan prisoners in the notorious
‘black jail’ of El Aaiun (Western Sahara) began a hunger strike in protest against the inhuman conditions in
which they are being held. It appears that many of them have been subjected to torture, ill-treatment and
total isolation from the outside world. In support of them, their relatives held a peaceful march which was
violently suppressed by the Moroccan authorities.

In total contrast to this reappearance of human rights violations in Western Sahara. the Polisario Front has
simultaneously shown proof of its good will in its decision, on 2 January 2002, to release 115 Moroccan
prisoners of war.

What information can the Council supply on these developments? Has the Council asked the Moroccan
government for an explanation, and has it requested it to adopt positive measures? Does the Council not
consider it necessary to send an observer mission as soon as possible to verify the state of affairs at ground
level?

(2002/C 205 E/104)

WRITTEN QUESTION P-0410/02

by Jorge Hernández Mollar (PPE-DE) to the Council

(11 February 2002)

Subject: Community mediation to obtain the release of prisoners in the Sahara conflict

The long-standing conflict in the Western Sahara has, among other consequences, led to the taking of large
numbers of prisoners on both sides. Prisoners who have been incarcerated for years are forced to wonder
why they should have to waste away their lives for decades on end, in severely overcrowded conditions
which are in breach of the applicable international conventions.

A political solution will eventually determine the future of this former Spanish colony. History will decide
on this, but meanwhile it is essential not to overlook the predicament of the prisoners who still see no
prospect of release, especially as no end to the conflict is as yet on the horizon.

Independently of the political considerations and excluding any pretension to mediate in any of the
proposed political solutions, does the Council believe that, in the context of the common foreign and
defence policy, it should propose a lasting humanitarian solution for all of the prisoners on both sides who
are incarcerated by reason of a conflict whose end is not yet in sight?

Joint answer
to Written Questions E-0208/02 and P-0410/02

(21 May 2002)

The Council would inform the Honourable Member, Mr Carlos Carnero González,
knowledge of the events in the El Aaiún prison to which he refers.

that

it has no

More generally, the Council remains most concerned by the fate of more than 1350 prisoners of war who
are still in captivity, and have been, in most cases, for 20 years, requiring an early solution which complies
with the obligations under the Geneva Convention. It has steadfastly emphasised that one must not wait
for the end of the political process to begin seeking a solution to urgent humanitarian issues such as

C 205 E/94

Official Journal of the European Communities

EN

29.8.2002

exchanges of family visits or the release of prisoners of war. In spite of limited progress, the Council still
deplores the very worrying situation of the Saharan refugees in the Tindouf camps, while emphasising that
the tense situation in the Western Sahara makes it yet more difficult to solve humanitarian issues. That is
also why the Council, which is in regular contact with the UN Secretary-General’s personal envoy, Mr James
Baker, and all parties to the conflict,
is willing to contribute to establishing a climate of confidence
between the parties concerned in order to facilitate an acceptable solution.

(2002/C 205 E/105)

WRITTEN QUESTION E-0209/02

by Ulpu Iivari (PSE) to the Council

(5 February 2002)

Subject: Return home of corpses within the EU

A growing number of Union citizens currently live in Member States other than their countries of origin.
As a result, more and more are dying outside their home countries. At present, the return home of corpses
from one country to another is regulated by the Berlin agreement, dating back to 1937, and a Council of
Europe Agreement, dating back to 1973. These agreements are now out of date because they are based on
border policing of a type that has ceased to exist. The current situation is causing all kinds of delays and
inconvenience for the grieving relatives of people who have died.

Do the EU Treaties require the Union to guarantee that corpses can be freely sent home within the EU,
when the deceased persons were Union citizens? In addition, would it be possible to draw up a regulation
to govern the return home of corpses whereby a journey from one Member State to another would be as
simple as a journey within the same Member State?

(2002/C 205 E/106)

WRITTEN QUESTION E-0343/02

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

(12 February 2002)

Subject: Carriage of deceased persons within the EU

A growing number of EU citizens are living in another EU country than their own: many EU citizens work
in another country, tourism continues to increase and ever more retired people from northern Europe are
moving permanently to southern Europe. An inevitable consequence of increased migration and travel is
that, increasingly, EU citizens are dying elsewhere in the EU than in their home country.

At the same time as the EU’s internal market is functioning ever more smoothly, absurd difficulties arise
with the repatriation of a deceased person from one EU Member State to another. This results in needless
cost and distressing delays for the relations of the deceased.

The repatriation of deceased persons from one country to another is governed by the Berlin Convention
(1937) and the Council of Europe Convention on the carriage of deceased persons (Strasbourg 1973).
These Conventions are no longer in keeping with the times since they are based on the kind of border
checks which no longer exist. For example, a zinc coffin is not necessary when transporting a deceased
person (by road) from Strasbourg to Lyon (460 km) but is essential when transporting the deceased person
from Strasbourg to Baden-Baden (50 km). There are no rational hygienic or safety grounds that would
justify this practice.

Does the EU Treaty require the European Union to guarantee the free repatriation of deceased persons
within the EU where the person in question is an EU citizen?