WRITTEN QUESTION E-1303/02 by Robert Evans (PSE) to the Council. Detention conditions for asylum seekers in Fuerteventura and Lanzarote.
Date: 2002-05-07
Institutions: European Parliament, Provisional data
Subjects: Canary Islands, Presidency of the Council of the EU, Spain, cruel and degrading treatment, prison system, rights of aliens

C 309 E/108

Official Journal of the European Communities

EN

12.12.2002

The size of the United Kingdom rebate is directly proportional to the amount of allocated expenditure
(= Community expenditure allocated to individual Member States). Since this allocated expenditure will
increase after enlargement due to the expenditure in the new Member States the United Kingdom rebate
will increase (2). As a consequence, the United Kingdom will bear less than its ‘normal’ share of the cost of
enlargement (3).

(1) OJ L 253, 7.10.2000.
(2) The increase of the rebate will be somewhat tempered by the provisions laid down in Article 4(f) of the Own
Resources Decision, which is based on Point 72 of the Berlin Presidency Conclusions. This article states that at the
time of enlargement
to the annual
pre-4accession expenditure in the acceding countries.

total allocated expenditure will be reduced by an amount equivalent

(3) Since the cost of enlargement will basically be financed through an increase of the gross national product (GNP)

resource, a ‘normal’ financing share would be equivalent to the United Kingdom share in the Union GNP.

(2002/C 309 E/126)

WRITTEN QUESTION E-1303/02

by Robert Evans (PSE) to the Council

(7 May 2002)

Subject: Detention conditions for asylum seekers in Fuerteventura and Lanzarote

Could the Spanish Presidency please explain why asylum seekers detained in old airport facilities in
Fuerteventura have had some of their basic human rights compromised, according to reports by Human
Rights Watch and including evidence from the Spanish Red Cross?

Can the Spanish Presidency confirm that those residing within the old airport facility have been:

(cid:1) denied access to lawyers;

(cid:1) denied the right to make telephone calls;

(cid:1) living with 200-400 people within a space of 20m2;

(cid:1) managing without government provided medical care or assistance, and instead relying on the

voluntary efforts of NGOs to provide such basic services;

(cid:1) living without a proper ventilation system; and

(cid:1) sharing four toilets and three showers for up to 500 men in the male part of the detention facility?

Can the Spanish Presidency also clarify what will be done to improve these conditions whilst the
construction of new detention centres is taking place, and what it is doing to ensure that all those detained
can exercise the rights they are entitled to?

Reply

(30 September 2002)

At its meeting on 25 and 26 April 2002, the Council arrived at a general approach, subject to scrutiny of
the Opinion of the European Parliament and the withdrawal of two parliamentary scrutiny reservations, on
a proposal for a Directive laying down minimum standards for the reception of applicants for asylum in
Member States. The Directive will be formally adopted by the Council at one of its forthcoming meetings.

12.12.2002

EN

Official Journal of the European Communities

C 309 E/109

The Directive lays down minimum standards, considered sufficient to ensure a dignified standard of living,
for the reception conditions of applicants for asylum in the European Union. It contains specific provisions
on residence and freedom of movement, family unity, schooling and education of minors, employment
and access to vocational training. It also defines cases of exclusion, reduction and review.

The Directive is applicable to all third country national and stateless persons who make an application for
asylum at the border or on the territory of a Member State for as long as they are authorised to remain in
the country, and to certain members of their families.

The Member States may adopt or maintain more favourable provisions on reception conditions to the
extent that they are compatible with the Directive.

With regard to present practice in the Member States, the Council would ask the Honourable Member to
address himself directly to the national authorities concerned.

(2002/C 309 E/127)

WRITTEN QUESTION E-1308/02

by Kathalijne Buitenweg (Verts/ALE) to the Commission

(7 May 2002)

Subject: Minimum standards on detention conditions of illegal immigrants and asylum seekers

The detention regime in the European Union goes far beyond those in custody who are charged with
criminal offences. Migrants in violation of immigration or foreigner’s laws and persons seeking asylum
now comprise a significant percentage of detainees in many EU countries. Their procedural rights are
routinely violated and the conditions of
their detention are often woefully and even dangerously
substandard, as illustrated in a recent report published by Human Rights Watch. The discussion document
of the European Commission on minimum procedural safeguards appears to apply only to criminal
suspects and avoids any mention of immigration detainees or asylum seekers, despite the fact that most of
the procedural rights that devolve upon criminal detainees also apply to migrants and asylum seekers in
detention, regardless of their legal status.

The ECHR has ruled that Article 5(4) (cid:1) procedural guarantees (cid:1) applies to immigration detainees and
asylum seekers and the United Nations Human Rights Committee has reached similar conclusions
concerning ICCPR Article 9, both documents being listed in the Appendix of relevant human rights
instruments in the discussion paper of the European Commission on minimum safeguards in criminal
proceedings.

Is the Commission of the opinion that the discussion paper on minimum procedural guarantees applies to
all detained persons?

Or is the Commission willing to issue a separate proposal for guidelines for Member States addressing the
minimum procedural safeguards of non-criminal detainees (immigration detainees and asylum seekers)?

Answer given by Mr Vitorino on behalf of the Commission

(10 June 2002)

Owing to the different legal bases underlying asylum and immigration and judicial cooperation in criminal
matters, the Commission is obliged to cover the issue of procedural guarantees relating to the detention of
suspects/defendants in criminal proceedings and asylum seekers/illegal residents and immigration detainees
in different instruments.