WRITTEN QUESTION P-2065/02 by Olivier Dupuis (NI) to the Commission. Hunger strike by Radhia Nasraoui.
Date: 2002-07-05
Institutions: European Parliament, Provisional data
Subjects: EU relations, Tunisia, association agreement (EU), control of communications, freedom of communication, freedom of expression, independence of the judiciary, political opposition, political prisoner, prison system, right to justice, rights of the defence

6.3.2003

EN

Official Journal of the European Union

C 52 E/107

(2003/C 52 E/120)

WRITTEN QUESTION E-1845/02

by Marco Cappato (NI) to the Commission

(28 June 2002)

Subject: Case of the Tunisian citizen Zouhair Yahyaoui

On 4 June 2002, Zouhair Yahyaoui was arrested by the Tunisian police. He was seized by plain-clothes
policemen (who did not identify themselves) and was escorted to his house where, although they held no
search warrant, the policemen proceeded to confiscate personal computer equipment. Yahyaoui
is the
webmaster of the site www.tunezine.com, which features two on-line discussion groups and a daily
newsletter. The site publishes articles and disseminates information on the political situation in Tunisia, the
hallmarks of which are a lack of freedom and the silencing of all voices opposed to the country’s ruler,
President Zine Bel Ali.

On 13 June 2002, Yahyaoui appeared for the first time before the Court of First Instance in Tunis and was
accused of ‘spreading false information’ and of ‘theft’. For each of these offences he risks up to five years in
prison. The trial will resume on 20 June, although his lawyers have still not been authorised to meet their
client.

Has the Commission formally requested clarification regarding this matter from the Tunisian Ambassador?
If not, why not? If so, what replies has it received?

What action does the Commission intend to take in order to persuade the Tunisian Government to ensure
that the Tunisian authorities uphold freedom of speech and the right to a fair trial in the case of Zouhair
Yahyaoui?

What steps does the Commission intend to take in order to put an end to the constant, systematic
violation of Tunisian citizens’ civil and political rights, which blatantly infringes Article 2 of the EU-Tunisia
Association Agreement?

(2003/C 52 E/121)

WRITTEN QUESTION P-2065/02

by Olivier Dupuis (NI) to the Commission

(5 July 2002)

Subject: Hunger strike by Radhia Nasraoui

Since 26 June 2002 the lawyer Radhia Nasraoui, a Tunisian citizen, has been on hunger strike in protest
against the arrest and imprisonment of her husband Hamma Hammami, spokesman for the banned
Tunisian Communist Workers’ Party (PCOT) and managing editor of the banned ‘El Badil’ newspaper.
Mr Hammami was given a prison sentence of three years and two months in a show trial, and has been
held in the civilian prison in Tunis since 2 February 2002 because of his membership of the PCOT. Since
his arrest Mr Hammami, who is being ill-treated and has suffered repeated violations of his rights, has been
held in solitary confinement on ‘death row’. He held a hunger strike in an attempt to secure a transfer to
another wing. He has barely been allowed to meet his lawyers since his arrest. Mrs Nasraoui, his wife, has
not been allowed to visit him since 6 April this year. The few visits from members of his family have been
held under particularly strict conditions. Two sets of bars separate him from them and several guards are
present. He has still not been able to see his daughter Sarra, who was born whilst he was living in hiding.
His family has been subjected to constant and brutal harassment by the authorities. There was an attempt
to kidnap his daughter Radhia, whilst his daughter Oussaima has been terrorised on several occasions by
members of the secret police. His youngest daughter was under police surveillance outside her nursery
school! On several occasions the family home has been broken into and ‘searched’ by the forces of ‘law
and order’. None of the complaints on the subject lodged by Mrs Nasraoui have received any response.
By going on hunger strike Mrs Nasraoui is trying to secure her husband’s release and protesting against the
physical and emotional torture suffered by her husband and the psychological torture inflicted on her
children.

C 52 E/108

Official Journal of the European Union

EN

6.3.2003

What information does the Commission have about the conditions in which Mr Hammami is being held?
What practical steps has the Commission taken or does it intend to take to induce the Tunisian authorities
to respect the fundamental rights of Mr Hammami, his family and all the prisoners of conscience held in
Tunisia?

Finally, does the Commission not consider that in view of the numerous serious violations of fundamental
rights committed by the regime of the dictator Ben Ali, it should reaffirm the importance it attaches to
respect for the democratic principles contained in Article 2 of the Association Agreement with Tunisia, by
unequivocally condemning the Tunisian dictatorship?

Joint answer
to Written Questions E-1845/02 and P-2065/02
given by Mr Patten on behalf of the Commission

(26 July 2002)

The Commission is well informed by several sources about the current case of human rights violations in
Tunisia, in particular the cases of Zouhair Yahyaoui and Radhia Nashraoui. In July 2002 the Commission
raised in very clear terms, the problem of respect of fundamental human rights with several Tunisian
Ministers and senior officials, of which the Tunisian Secretary of State to the Minister of Foreign Affairs,
Mr. Youssef Mokaddem.

However the Commission also intends to explore further means of actions together with the Member
States.

In addition to its more traditional diplomatic contacts the Commission holds the complementary
instrument of financial co-operation with Tunisian authorities, increasingly oriented towards promoting
human rights, democracy and the rule of law. Of particular relevance to this case, and of considerable long
term impact, is a programme, currently in preparation, aiming at modernising the Tunisians judiciary.

In parallel Tunisia is one of 29 target countries within the European Initiative of Democracy and Human
rights for the period 2002-2004. One of two main priorities defined for Tunisia is independence of the
judiciary and access to justice (a call for proposals open to independent non-governmental organisations
(NGOs) will be launched in September 2002).

Finally, the upcoming Association Committee (24 September 2002, in Tunis) will give the Commission the
opportunity to continue its permanent political dialogue, comprising human rights and democracy, with
the Tunisian government.

(2003/C 52 E/122)

WRITTEN QUESTION E-1846/02

by Guido Bodrato (PPE-DE) to the Commission

(28 June 2002)

Subject: Transfer of EU officials’ pension rights (cid:1) 2 March 1978 agreement between the Commission and

the INPS

On 2 March 1978 the Commission and the Italian state social-security body (INPS) concluded an
agreement on the arrangements for the transfer to the Community pension scheme of the contributions
paid into the Italian national insurance scheme by those newly recruited to the Commission. Under the
agreement the individuals concerned had a period of six months from their date of establishment within
which to submit an application for a transfer of such contributions.

Not all the officials concerned have taken advantage of this opportunity by submitting an appropriate
application within the specified time limit, with the result that they are now unable to claim their pension
rights for the periods during which they paid contributions prior to entering the service of the Community
institutions.