WRITTEN QUESTION P-1183/02 by María Izquierdo Rojo (PSE) to the Commission. Amina Lawal sentenced to death by stoning.
Date: 2002-04-22
Institutions: European Parliament, Provisional data
Subjects: Islamic law, Nigeria, cruel and degrading treatment, death penalty, woman

C 28 E/80

Official Journal of the European Union

EN

6.2.2003

The opposition party has formally called for returns to be checked by the Madagascan High Constitutional
Court and this request has been supported by the OAU (Organisation of African Unity). Representatives of
AREMA, Ratsiraka’s party, have rejected this request on the pretext
that such checks would entail
excessively lengthy procedures.

On 22 February 2002 the people of Madagascar declared Marc Ravalomanana new President of the
Republic. In response to this, Admiral Didier Ratsiraka placed the capital, Antananarivo, under siege and
blocked off all access routes.

What political and diplomatic measures has the European Union taken to seek to resolve the serious
political crisis which has arisen on the island?

Is the Commission prepared to send to Madagascar a delegation of European observers who,
in
cooperation with OAU officials, could set up a tripartite commission comprising the EU, the OAU and
Madagascan political forces to check the results of the December 2001 elections with a view to restoring
democratic law and order on the island?

Answer given by Mr Nielson on behalf of the Commission

(28 May 2002)

The Commission is monitoring developments in Madagascar closely. It deplores the violence that has
occurred in the aftermath of the December 2001 presidential election and has supported the mediation
efforts of the Organisation of African Unity and of the United Nations to encourage the parties involved to
enter into a democratic dialogue and to demonstrate moderation.

The Union has welcomed, in its declaration of 22 April 2002, the agreement signed by the two candidates
in Dakar on 18 April 2002.

The two candidates agreed to a transitional reconciliation government and to a referendum,
to be
organised within six months with the help of the United Nations, the Organisation of African Unity
(OAU), the Union and the international community, if no clear winner emerged from a recount of votes
cast in the December 2001 presidential poll.

The Commission deplores that, notwithstanding the Dakar agreement, the confrontation continues. Marc
Ravalomanana, declared on 29 April 2002 by the High Constitutional Court the winner of last December’s
disputed election after a recount, assumed the presidency on 6 May 2002, however the incumbent
President rejected the High Constitutional Court ruling.

The Union declared on 8 May 2002 to remain convinced that only an agreement between the parties, and
national reconciliation, will make it possible to resolve the present crisis and that the Dakar agreement
remains the appropriate framework for the achievement of a solution.

The Union is prepared to offer political and technical support for the implementation of the objectives of
the Dakar agreement in order to restore civilian peace and the principle of democracy and to find a
political solution to the crisis. In this respect it welcomes the initiative of President Wade to organise a
new meeting between the two leaders.

A solution of the crisis will enable the Union to continue implementing its assistance and co-operation
programmes.

(2003/C 28 E/088)

WRITTEN QUESTION P-1183/02

by María Izquierdo Rojo (PSE) to the Commission

Subject: Amina Lawal sentenced to death by stoning

(22 April 2002)

What information has the Commission concerning Amina Lawal, who has been accused of adultery and
sentenced by an Islamic court in Katsina State (Nigeria) to death by stoning?

6.2.2003

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Official Journal of the European Union

C 28 E/81

According to the Commission’s information, what other women are currently condemned to death by
stoning?

Answer given by Mr Nielson on behalf of the Commission

(29 May 2002)

Amina Lawal, a 30 year old Nigerian woman from Kurami village in Bakori, Katsina State, Northern
Nigeria, was divorced in June 2000, and gave birth to a baby girl in November 2001. Amina has been
charged with adultery and under Sharia criminal law, adopted by 12 northern states including Katsina
State, she has been sentenced to death by stoning. The execution is to be carried out six months after the
birth. The man charged with her, and alleged to be the father, has been acquitted after swearing that he did
not have a relationship with Amina.

Amina has appealed to the Sharia Court of Appeal and the date for the hearing will be announced on
15 May 2002. Amina said that she had not been given the chance to defend herself and her appeal has
been filed with the assistance of an international women’s organisation. If this appeal fails she has the right
to appeal to the Federal Court of Appeal, and eventually to the Supreme Court.

A similar sentence imposed on Safiya Huseini in Sokoto state was dismissed by the Sokoto Sharia court of
Appeal on 25 March 2002 on technical and procedural grounds. At the time the Attorney General of the
Federation and Minister of Justice Kano Agabi made a statement that Moslems should not be discriminated
against by being subjected to punishments more severe than would be imposed on other Nigerians for the
same offence. The implication that Sharia criminal law should be modified led to a dispute over the right
of the Federal Government to insist on changes to state laws.

In the case of Safiya, the Commission launched a number of appeals to the Nigerian Government as well
as a Troika démarche on the application of the death penalty in Nigeria. The Commission, through its
Delegation in Abuja, will follow the evolution of the Amina case attentively.

At present the Commission is not aware of any other women sentenced to death by stoning, but there
may be cases of women accused of adultery but awaiting sentence.

(2003/C 28 E/089)

WRITTEN QUESTION E-1187/02

by Herbert Bösch (PSE) to the Commission

(26 April 2002)

Subject: Possible involvement of the Vatican in fraud relating to agricultural subsidies

On 14 August 2001 the Vienna newspaper ‘Kronen Zeitung’ reported that the Vatican had been exploited
by an Austrian dairy in a large-scale fraud. 800 tonnes of butter are alleged to have been delivered to the
Vatican, but then appear to have been smuggled out again and sold in Italy. EU export subsidies worth
millions were unlawfully obtained in this way, and taxes were evaded.

There were similar reports in the 1990s in connection with deliveries of sugar to the Vatican State.

The same newspaper also reported that OLAF, the EU Anti-Fraud Office, had started investigations.

1.

Can the Commission confirm that OLAF has opened an investigation into the case?

Is this an isolated case, or does the Commission know of other businesses based in the EU that may

2.
be involved in such fraudulent practices?