WRITTEN QUESTION E-0484/02 by Nelly Maes (Verts/ALE) to the Commission. Political trial of the journalist Dede Abdulhalim in Greece.
Date: 2002-02-22
Institutions: European Parliament, Provisional data
Subjects: Greece, application of EU law, freedom of expression, freedom of the press

C 301 E/42

Official Journal of the European Communities

EN

5.12.2002

(2002/C 301 E/043)

WRITTEN QUESTION E-0451/02

by Juan Naranjo Escobar (PPE-DE) to the Commission

(22 February 2002)

Subject: ARGO action programme

The financial statement contained in the proposal for a Council decision adopting an action programme
for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO)
indicates funding of EUR 25 million for the five-year programme (2002-2006), to be drawn from budget
heading B5-820.

The amount shown for 2002 in the proposal (1) is EUR 5 024 million. However, in the working document
(containing a detailed analysis for each budget heading) which was drawn up by the Commission for the
purposes of the preliminary draft budget, only three million euros are set aside for ARGO in 2002.

Does the Commission intend to obtain the missing amount (EUR 2 024 million) from some other activity
financed under budget heading B5-820, or does it intend to recover the amount by increasing the funding
for ARGO in subsequent financial years? Could the Commission provide the budgetary authority with up-
to-date information concerning the financial programming of budget heading B5-820?

(1) OJ C 25 E, 29.1.2002, p. 526.

Answer given by Mr Vitorino on behalf of the Commission

(4 April 2002)

The Commission would like to confirm that the operational budget foreseen for the ARGO (1) Action
Programme in 2002 is EUR 3 million leaving technical and administrative assistance support expenditure
apart. The fact that the year of the adoption of the legal basis, expected in May 2002, corresponds also to
the first year of implementation and execution of the assigned budget has actually an impact on the
capacity of the Commission to commit appropriations. It was therefore decided to decrease the initial
amount of EUR 5 million given in the financial statement of the Commission proposal. The remaining
amount of the global envelope, i.e. EUR 22 million, will be consumed over the years 2003-2006.

The Commission will provide the Budgetary Authority with updated information on the financial planning
of the budget line B5-820 when submitting the financial statement of the preliminary draft budget (PDB)
for 2003 and the budget implementation plan for 2002.

(1) ARCO: New Action Program for External Frontiers Control.

(2002/C 301 E/044)

WRITTEN QUESTION E-0484/02

by Nelly Maes (Verts/ALE) to the Commission

(22 February 2002)

Subject: Political trial of the journalist Dede Abdulhalim in Greece

Recently, legal proceedings have been brought against a number of democratic journalists in Greece. One
in Thrace, a journalist
example is the prosecution and conviction of Dede Abdulhalim of Komotini
specialising in minority affairs and proprietor of the newspaper Trakianin Sesi and of the local radio
station ISIK FM.

The circumstances were as follows. On 14 January 2000, during a music programme on the local radio
station ISIK FM, a piece of music was broadcast at the request of a listener who identified himself as
Boskurt (Grey Wolf). Next day, a complaint was lodged against the journalist because of this request. The
accusation was that the request referred to the Turkish-based extreme right-wing organisation the ‘Grey
Wolves’, which was described as a ‘criminal act’ and a ‘national betrayal of Greece’. The recording of the
broadcast in question proves that only the name of the listener, Mr Boskurt (Grey Wolf), was mentioned
without any further details.

5.12.2002

EN

Official Journal of the European Communities

C 301 E/43

On 25 February 2000, Mr Karaiskos brought proceedings against Mr Dede Abdulhalim before the court of
Komotini for alleged ‘insulting behaviour’. The case was heard on 6 September 2001. The judge decided by
judgment no 1071 to sentence Mr Dede in absentia to four months’ imprisonment. The appeal is to be
heard on 12 February 2002 at the Appeal Court in Komotini.

Is the Commission aware of this case?

Did these proceedings respect the right to freedom of expression and freedom of the press?

Will the Commission request information about this from the Member State concerned?

Answer given by Mr Vitorino on behalf of the Commission

(3 April 2002)

The Commission believes that freedom of expression and information are included in the principles
common to the Member States, referred to in Article 6(1) of the Treaty on European Union. These
principles were solemnly reaffirmed by the Charter of Fundamental Rights of the European Union,
Article 11 which states:

Everyone has the right to freedom of expression. This right shall

1.
include freedom to hold
opinions and to receive and impart information and ideas without interference by public authority and
regardless of frontiers.

2.

The freedom and pluralism of the media shall be respected.

As the explanations relating to the Charter make clear, this provision corresponds to Article 10 of the
European Convention for the Protection of Human Rights and Fundamental Freedoms.

In the case of the Member States, respect for this principle is ensured through the infringement procedure
laid down in Article 226 of the EC Treaty and through the political procedure provided for in Article 7 of
the Treaty on European Union. Under the former, the Commission may refer a matter to the Court of
Justice if the alleged breach falls within the scope of Community law. Under the latter, the Commission, or
a third of the Member States, may refer a matter to the Council, meeting at the level of Heads of State or
Government if a serious and persistent breach of the principles mentioned in Article 6 is alleged.

In the particular case raised by the Honourable Member, according to the information at the Commission’s
disposal, there is no evidence of incorrect application of Community law or the existence of a serious and
persistent breach within the meaning of Article 7 of the Treaty on European Union, such as to warrant
invoking the political procedure provided for in that Article.

At this stage, therefore, the Commission does not plan to put any further questions to the Greek
authorities.

Finally, as a general point, it is worth reiterating that anyone who believes that his or her fundamental
rights have been violated is entitled to seek redress through the national appeal courts and, after
exhausting these remedies, to take the case to the European Court of Human Rights if it involves a
violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

(2002/C 301 E/045)

WRITTEN QUESTION E-0488/02

by Glyn Ford (PSE) to the Commission

(22 February 2002)

Subject: Carriers’ liability

On 13 March 2001, Antonio Vitorino stated that carriers’ liability legislation may be an efficient tool in
fighting illegal immigration and that it would be necessary, in the long run, to take the matter even further
and look coherently at all means of transport,
including freight transport. Since then, a number of
developments have taken place.