WRITTEN QUESTION P-2655/02 by Robert Evans (PSE) to the Commission. Maajid Nawaz, Ian Malcolm Nisbett and Reza Pankhurst held captive in Egypt.
Date: 2002-09-13
Institutions: European Parliament, Provisional data
Subjects: EU national, EU relations, Egypt, United Kingdom, imprisonment, international human rights law, torture

12.6.2003

EN

Official Journal of the European Union

C 137 E/103

respect for and the promotion of human rights are addressed in meetings of the EC-Vietnam Joint
Commission established under the Co-operation Agreement. The Commission, together with the Member
States represented in Vietnam, therefore monitors closely human rights developments in Vietnam as part
of the policy of the Union to encourage and support the continued commitment of the Government of
Vietnam to progress in the field of human rights. The Commission also participates with the Member
States in regular dialogue with and in all démarches to the Government of Vietnam on human rights
issues. Most
raised
Commission’s concerns with the Vietnamese Prime Minister, Mr Phan Van Khai, during his visit to
Brussels on 26 September 2002.

the Commission responsible for External Relations

the Member of

recently,

In relation to the particular events mentioned in the question (cid:1) findings of human remains along the
Cambodia-Vietnam border, torture of 29 Montagnards arrested between June and end-August 2002,
torture of two Montagnards on 25 August 2002 and their subsequent escape from custody, poisoning of
42 Montagnards by a Vietnamese meat seller (cid:1) enquiries with Union and other partners in both Vietnam
and Cambodia, including those who have visited the regions concerned, have not yielded any reliable
confirmation. Also, while there are some reports of potential asylum seekers on the Vietnamese side of the
border, there are no reports of any persons being prevented from crossing the border. In relation to earlier
developments in the Central Highlands, the Commission would refer the Honourable Member to its answer
to written question P-1502/02 by Mr Gianfranco Dell’Alba (1).

The Commission, together with the Member States represented in Vietnam, will continue to monitor
closely human rights developments in the country and to take appropriate follow-up action.

(1) OJ C 110 E, 8.5.2003, p. 18.

(2003/C 137 E/116)

WRITTEN QUESTION P-2655/02

by Robert Evans (PSE) to the Commission

(13 September 2002)

Subject: Maajid Nawaz, Ian Malcolm Nisbett and Reza Pankhurst held captive in Egypt

Maajid Nawaz, Ian Malcolm Nisbett and Reza Pankhurst are three young British Muslim men who have
been detained in Egypt for five months. There have been concerns raised about their treatment, including
allegations of torture and breaches of the Geneva Convention. The British Government has issued a formal
complaint to the Egyptian Government concerning their treatment.

What action is the Commission taking to support the UK Government in this case and end the abuses of
these men’s human rights?

Answer given by Mr Patten on behalf of the Commission

(3 October 2002)

The 26 persons of the Al Tahrir group, including the three British nationals referred to by the Honourable
Member, were arrested in April 2002 and eventually charged on 4 August 2002 with belonging to a
banned organisation and propagating its goals, i.a. the overthrow of the present Egyptian government and
the installation of an Islamic Khalifat. The case is due to be heard before an Emergency State Security
Court on 20 October 2002. A fourth Briton arrested at the same time was released without charge.

The Commission is aware of allegations of mistreatment made by members of Al Tahrir in Britain and of
official British contacts with the Egyptian authorities to gain information on this point. There were also
problems of access to the detained British men at their arrest although the Commission understands that

C 137 E/104

Official Journal of the European Union

EN

12.6.2003

there is now regular consular access. As it is normal in such cases, the matter is being handled bilaterally
by the British authorities. The Commission Delegation in Cairo and other Member State embassies are kept
fully informed.

(2003/C 137 E/117)

WRITTEN QUESTION E-2663/02

by Glyn Ford (PSE) to the Commission

(23 September 2002)

Subject: Discrimination by French authorities

Is the Commission aware of the discrimination against Sikhs in France, whereby identification photographs
are not accepted should a Sikh be wearing a turban on his head? Does this Commission find this practice
by the French authorities acceptable?

Answer given by Mr Vitorino on behalf of the Commission

(25 October 2002)

The rules concerning the way in which identification photographs must be taken are a matter of national
competence of each Member State. Although Community law provides for the issue of residence cards to
Union nationals and to the members of their families whichever their nationality, it does not refer to
identification photographs which are regulated by national measures.

However, the Commission remarks that the purpose of identification photographs is to permit a quick and
clear identification of the person in question. This may require on the part of Member States the
application of specific guidelines on the use of items such as the turbans worn by the Sikhs to which the
honourable Member refers to.

When laying down such guidelines Member States should ensure the balance between legitimate public
order and public safety requirements and the right to freedom of religion. This right is enshrined in the
Charter of Fundamental Rights of the European Union and in the European Convention on Human Rights
(ECHR), wich has been ratified by all Member States. Any limitations thereto should respect article 9(2) of
the Convention which reads as follows:

Freedom to manifest one’s religion or belief shall be subject to such limitations as are prescribed by
law and are necessary in a democratic society in the interests of public safety, for the protection of
public order, health or morals, or for the protection of the rights and freedoms of others.

Should the Sikhs consider that the French administrative instructions concerning identification photo-
graphs are in violation of the ECHR, they should appeal to the European Court of Human Rights once all
possibilities of domestic appeal have been exhausted and within six months of the final ruling by a
national court.

(2003/C 137 E/118)

WRITTEN QUESTION E-2665/02

by Robert Goebbels (PSE) to the Commission

(23 September 2002)

Subject: The Commission’s services in Luxembourg

In reply to my question E-1226/02 (1) on the location of the Commission’s public health departments,
Commissioner Kinnock stated on 9 July 2002 that ‘it has proved to be difficult to attract suitably qualified
staff to vacant permanent posts in the public health directorate in Luxembourg’.