WRITTEN QUESTION E-2820/02 by Marco Pannella (NI) to the Commission. The case of Dr Nguyen Dan Que.
Date: 2002-10-08
Institutions: European Parliament, Provisional data
Subjects: Viet Nam, civil rights, democracy, freedom of opinion, human rights, international agreement, non-violence, physician, political rights, repression

13.3.2004

EN

Official Journal of the European Union

C 65 E/3

surrounding agricultural

area’s inhabitants, the environmental damage caused was not assessed: a particular glaring absence from
the studies made were the underground watercourses, which are required for human consumption and the
land. The resulting defective drainage in conjunction with
irrigation of
meteorological conditions, has
the area. The public administrations
responsible for the construction work (Ministry of Development, the Xunta de Galicia and the local
authorities) are dodging the problem and ignoring the numerous and frequent organised protests by local
people. Although there have even been two deaths: a lorry driver was killed by the fall of a girder, and a
local person died during a protest. Both these incidents are sub judice.

irreversible consequences

for

the roadworks in question? Could the
What Community funding is going into the completion of
Commission investigate whether these roadworks involve infringement of environmental legislation on the
dumping of waste on the part of the Spanish Government?

Supplementary answer
given by Mrs Wallström on behalf of the Commission

(3 April 2003)

The Commission learned of the situation reported by the Honourable Member through Written Question
E-1924/02 by Mrs Rosa Miguélez Ramos and Mrs María Sornosa Martínez (1). It subsequently opened an
own-initiative case (reference No 2002/2199).

To check that the relevant Community legislation was being properly enforced, the Commission asked the
Spanish authorities for information on the reported situation.

In response, the Spanish authorities sent the impact statement regarding the route of the motorway, along
with the consent for the project granted on 30 August 2000.

The Spanish authorities also sent a copy of the hydrology chapter of the project impact study. This is
currently being examined by the Commission.

As for Community funding of these roadworks, from the information the Spanish authorities supplied to
the Commission it appears that construction of the stretch of the A-9 motorway running from the
Rebullón interchange to the Portuguese border is being financed entirely by a concession-holding company
and that no Community funding is involved.

(1) OJ C 301 E, 5.12.2002.

(2004/C 65 E/004)

WRITTEN QUESTION E-2820/02

by Marco Pannella (NI) to the Commission

(8 October 2002)

Subject: The case of Dr Nguyen Dan Que

Vietnam has ratified the International Covenant on Civil and Political Rights and in May 1990 Dr Nguyen
Dan Que, a physician and a representative of the Non-violent Movement for Human Rights, published a
manifesto calling on the Hanoi regime to respect fundamental human rights, to accept the adoption of a
multi-party political system and to re-establish the right of the Vietnamese people to choose their own
form of government via free elections.

Dr Que was imprisoned twice, from February 1978 to February 1988 and then from June 1990 to August
1998, making a total of 18 years, most of the time in solitary confinement. He is now under house arrest.

C 65 E/4

Official Journal of the European Union

EN

13.3.2004

On 19 September on the eve of the World Day of Non-violent Struggle for Freedom and Democracy also
in Vietnam, promoted by the trans-national Radical Party and backed in the United States by Dr Que’s
brother, Dr Quan, about 20 policemen entered Dr Que’s house without a search warrant and, led by the
deputy head of the Saigon security forces, searched it for Articles and publications considered as being
against the State. The Lieutenant-Colonel tried to take Dr Que, who is in a critical state of health, to Saigon
by force. Dr Que resisted, throwing himself to the floor, in non-violent protest against this decision. After
approximately four hours the police left the house, leaving ten people to keep it under surveillance.

Is the Commission aware of this violation of the principle of habeas corpus vis-à-vis Dr Que, who is guilty
only of wanting to stay in Vietnam in order to try to promote democracy and freedom in that country and
not be sent into exile as the authorities in Hanoi would like. Does the Commission not consider that the
serious and continual violations of human, civil and political rights in Vietnam, such as those suffered by
Dr Que, are a blatant infringement of Article 2 of the Cooperation Agreement signed by the Commission
and the Vietnamese Government, and does it not consider that it should say what body is responsible for
monitoring compliance with this clause and what parameters are to be respected?

Answer given by Mr Patten on behalf of the Commission

(8 November 2002)

The Commission, together with the Member States represented in Vietnam, 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 Union démarches to the
Government of Vietnam on human rights issues.

The Commission is indeed aware of Dr Nguyen Dan Que’s commitment to promoting democratic multi-
party elections in Vietnam by non-violent means and of press reports of the incident described in the
question. The Delegation of the Commission in Hanoi has not yet been able to obtain reliable confirmation
of these reports, but is continuing its enquiries.

The Community-Vietnam Co-operation Agreement, which was signed in 1995, states in its first article that
respect for human rights and democratic principles is the basis of our co-operation. There is no specific
reference to human rights in Article 2 of the Agreement. Questions related to the respect for and the
promotion of human rights are addressed in meetings of the Community-Vietnam Joint Commission
established under the Co-operation Agreement.

Taking account of the overall situation in Vietnam since the signature of the Agreement in 1995 and of
the Government’s continued commitment to further progress, the Commission does not consider that it
would be appropriate to conclude at this stage that there has been a breach of the Agreement. The
Delegation of the Commission, together with the Member States represented in Vietnam, will continue to
monitor human rights developments in the country and to raise particular issues and individual cases of
concern through the appropriate diplomatic channels.

(2004/C 65 E/005)

WRITTEN QUESTION E-3067/02

by Roberta Angelilli (UEN) to the Commission

(25 October 2002)

Subject: Excise duty on wine

It was reported in the Italian press in September 2002 that the European Commission is debating whether
to introduce a minimum rate of excise duty greater than 0 % on wine in all EU countries including Italy,
which are currently exempt from this duty. More specifically, the initial rates of duty, which would not
apply to anyone producing under 1 000 hectolitres per year, would be EUR 0,13 per litre from 1 January
2003 and EUR 0,15 per litre as from 1 January 2007.