WRITTEN QUESTION E-3624/02 by Olivier Dupuis (NI) to the Commission. Thailand: forced return of Mr Sok Yuen to Cambodia.
Date: 2002-12-16
Institutions: European Parliament, Provisional data
Subjects: Cambodia, Thailand, aid to refugees, extradition, human rights, political prisoner

C 161 E/118

Official Journal of the European Union

EN

10.7.2003

The Portuguese authorities have provided the Commission with the following information:

(cid:1) the project in question concerns the construction of a four-star hotel at Quinta da Marínha in the

Lisbon/Cascais region;

(cid:1) the beneficiary of the assistance is the company ‘Guia (cid:1) Sociedade de Construções e Turismo’. Under
the contract signed on 31 March 1999 between ‘L’Instituto para o Fundo de Turismo’ and the
company, assistance was provided in the form of a repayable grant of EUR 1 999 191,59 towards a
total investment of EUR 15 350 141,15;

(cid:1) the Portuguese authorities ascertained that the project had been completed during an on-the-spot

check on 10 April 2000.

Projects financed by the Structural Funds must comply with Community legislation.

Compliance with legislation on workers’ rights is a matter for the Portuguese authorities or the competent
jurisdiction in Portugal.

(2003/C 161 E/120)

WRITTEN QUESTION E-3624/02

by Olivier Dupuis (NI) to the Commission

(16 December 2002)

Subject: Thailand: forced return of Mr Sok Yuen to Cambodia

Mr Sok Yuen was arrested on 24 December 1999 following a complaint by a Thai politician, who alleged
that Thailand was harbouring a Cambodian ‘terrorist’. Two months previously he had been forced to make
a confession, which was filmed. Initially he was sentenced to six months in prison for entering the country
illegally and was held in prison after his sentence ended on 26 June 2000, pending the result of an
extradition request from Cambodia. This request was made in a legal context which does not allow the
extradition of people accused of political crimes. The Cambodian authorities then accused Mr Sok Yuen,
who is a member of a major opposition party, the Sam Rainsy Party (SRP), of being responsible for a
missile attack in 1998 against the Cambodian Prime Minister, according to the Prime Minister Hun Sen
himself. This accusation is very widely considered to be without foundation. The Thailand Criminal Court
thus decided to send Mr Sok Yuen, a refugee and a prisoner of conscience, back to Cambodia, where he
risks an unfair trial, years of imprisonment and other human rights violations. The United Nations High
Commission for Refugees (UNHCR) in Thailand granted Mr Sok Yuen refugee status and offered him the
chance of moving to a third country. Having received refugee status, Mr Sok Yuen has been recognised as
having a ‘well-founded fear of being persecuted for reasons of race, religion, nationality, or political
opinion’. The decision to extradite Mr Sok Yuen amounts to forced repatriation, which is a violation of the
principle of ‘non-refoulement’ under Article 33(1) of the 1951 Convention on the Status of Refugees. This
article states that a refugee may not be expelled or returned ‘in any manner whatsoever to the frontiers of
territories where his life or freedom would be threatened on account of his race, religion, nationality,
membership of a particular social group or political opinion’. Although Thailand has not ratified the 1951
Convention, it has the status of an ordinary law and is applicable in all States, particularly with regard to
the principle of ‘non-refoulement’.

What information does the Commission have on the case of Mr Sok Yuen? How does the Commission
intend to help him avoid extradition and obtain his immediate and unconditional release? What action
does the Commission intend to take to encourage the Cambodian authorities to put an end to persecution
of democratic opposition members and ensure full respect for the liberty and fundamental rights of all
Cambodian citizens?

Answer given by Mr Patten on behalf of the Commission

(10 January 2003)

The Commission is well aware of the background of Mr Sok Yoeun’s case. The Commission is naturally
concerned by the deterioration of Mr Yoeun’s health while in prison and is aware of recent interventions
by European representatives with the Thai and Cambodian governments requesting that Mr Yoeun be
allowed to rejoin his family in Finland.

10.7.2003

EN

Official Journal of the European Union

C 161 E/119

Mr Sok Yoeun has appealed against the extradition sentence and the Honourable Member will understand
that the Commission cannot interfere in a judicial process ongoing in a sovereign state. The Commission is
following developments in the case and is in close contact with government authorities, with the United
Nations High Commission for Refugees (UNHCR), and the representatives of the Member States in
Thailand and in Cambodia. The Commission believes that there are reasonable prospects that a positive
solution, based on humanitarian considerations, can be found on this matter.

The Commission, together with the Member States, closely monitors the political and human rights
situation in Cambodia. The Union has undertaken several démarches recently to express its concern about
the situation of human rights to the Royal Government of Cambodia.

The Community is supporting non-governmental organisations (NGO) initiatives aimed at protecting and
promoting human rights in Cambodia through the European Initiative for Human Rights and Democracy.
Indicative Programme for Cambodia 2002-2004 provides for funding of
Furthermore,
EUR 10 million for a good governance programme which will be established shortly.

the National

(2003/C 161 E/121)

WRITTEN QUESTION E-3628/02

by Mihail Papayannakis (GUE/NGL) to the Commission

(16 December 2002)

Subject: Construction of a museum in Rizari grove

Following a special arrangement made with the Greek Parliament by the Ministry of Culture, Rizari grove
(which is one of the last green spaces left in the centre of Athens) has been conditionally transferred to the
Goulandri Foundation (bypassing the prior decision by the Greek Council of State to the opposite effect) so
that a museum of contemporary art can be built there.

Since this project exceeds 6 000 square metres, could the Commission say whether an environmental
impact assessment and an authorisation of environmental conditions have been drawn up as required by
Directive 97/11/EC (1)?

(1) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(29 January 2003)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment (1), as amended by Directive 97/11/EC of 3 March 1997 (2), requires
Member States to adopt all measures necessary to ensure that, before consent is given, projects likely to
have significant effects on the environment by virtue, inter alia, of their nature, size or location are made
subject to a requirement for development consent and an assessment with regard to their effects. Such
projects are defined in Article 4, which refers to Annexes I and II to the Directive.

However, construction of museums does not appear in the annexes to Directive 85/337/EEC, which is
therefore not applicable in this particular case. This is a matter for the Greek authorities, which alone are
responsible for deciding what action to take with regard to the project in accordance with Greek law.

(1) OJ C 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.