WRITTEN QUESTION P-3821/02 by Elena Paciotti (PSE) to the Commission. Violation of asylum rights in the EU.
Date: 2002-12-20
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, Italy, Syria, association agreement (EU), case-law (EU), competence of the Member States, death penalty, political refugee, removal, right of asylum

3.4.2004

EN

Official Journal of the European Union

C 84 E/707

The Honourable Member should refer to the answer which the Commission gave to her written questions
E-1549/02 and E-1550/02 (1) on this subject. In any case, it should be noted that the investigation is still
open in order to examine the latest information provided by the complainants and to check that the
applicable Community environment legislation is being respected in this individual case.

With regard to the possible Community funding of this project, the Honourable Member should refer to
the recent answer to her oral question H-0678/02 during question time at Parliament’s October 2002 (2)
part-session which was also on this subject.

(1) OJ C 301 E, 5.12.2002, p. 176.
(2) Written answer of 22.10.2002.

(2004/C 84 E/0793)

WRITTEN QUESTION P-3821/02

by Elena Paciotti (PSE) to the Commission

(20 December 2002)

Subject: Violation of asylum rights in the EU

On 28 November 2002 the Italian authorities repatriated Mr Muhammad al Shari and his family, from
Malpensa airport (Milan) to Syria, despite the existence of a death sentence against him in that country.
This act was in breach of the Italian Constitution.

The Charter of Fundamental Rights of the European Union states that ‘no-one shall be condemned to the
death penalty, or executed’ (Article 2), and also underwrites the right of asylum on the basis of the Geneva
Convention and the protocol of 31 January 1967 (Article 18). Meanwhile, negotiations are currently in
course between the EU and Syria for an association agreement.

Does the Commission not consider it necessary to intervene as a matter of urgency so as to ensure that the
death sentence is not carried out and that the physical integrity of Mr Muhammad al Shari and his family
is not put at risk?

(2004/C 84 E/0794)

WRITTEN QUESTION P-3826/02

by Giuseppe Di Lello Finuoli (GUE/NGL) to the Commission

Subject: Expulsion from Italy of the Al-Shari family

(20 December 2002)

The Italian police have now handed over to the Syrian police the engineer Muhammad Al-Shari (who was
sentenced to death some years ago in Syria on the grounds of being a member of
the Muslim
Brotherhood), together with his wife and four children, after holding them in detention for five days at
Malpensa airport
(Milan), during which time they were not allowed contact with third persons,
in circumstances amounting to a deliberate breach of the international conventions on asylum and the
much-lauded Charter of Fundamental Rights of the European Union. The Al-Shari family had arrived from
Iraq, and at the very least they should have been ‘sent back’ to that country. Instead, they were handed
back to the Syrian dictatorship.

The author of this question hereby declares his intention to take this case to the European Court of
Human Rights in Strasbourg, and meanwhile asks the Commission to ascertain whether the death sentence
decreed against Muhammad Al-Shari in Syria has been carried out or not, to state what action it will take
with a view to safeguarding the physical
integrity of the Al-Shari family, and to call on the Italian
government to abide by its international commitments.