WRITTEN QUESTION E-3923/02 by Olivier Dupuis (NI) to the Council. Death of the Chechen Salman Raduyev in a Russian gaol.
Date: 2003-01-14
Institutions: European Parliament, Provisional data
Subjects: EU relations, Russia, common foreign and security policy, human rights, political violence, prison system, right to justice, war of independence

C 222 E/130

Official Journal of the European Union

EN

18.9.2003

Answer given by Mrs Wallström on behalf of the Commission

(25 February 2003)

The Commission considers that programmes and plans are not covered by 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), whether before or after amendment by Directive 97/11/EC (2).

Should the plan be considered as substantially having the characteristics of a project, Council Directive 85/
337/EEC would apply. However, on the basis of the information provided by the Honourable Member, it is
not possible to conclude that the new Prusst programme envisaged by Rome City Council, aimed at
restoring and transforming the areas along the Tiber, may be considered as a project.

In the light of the above, given the lack of specific grounds for the complaint on the application of the
Council Directive 85/337/EEC to the specific cases, no breach of the Directive can be identified at present.
Should the Honourable Member provide detailed information enabling the Commission to assess the issues
in relation to the above-mentioned Directive, the Commission would also be able to investigate this matter.

Under Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001 on the assessment of
the effects of certain plans and programmes on the environment (3), certain plans and programmes which
are likely to have significant effects on the environment are made the subject of an environmental
assessment. However, Member States are not yet obliged to apply the provisions of this Directive. The
deadline for Member States to bring into force the laws, regulations and administrative provisions
necessary to comply with this Directive is 21 July 2004.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.
(3) OJ L 197, 21.7.2001.

(2003/C 222 E/151)

WRITTEN QUESTION E-3923/02

by Olivier Dupuis (NI) to the Council

(14 January 2003)

Subject: Death of the Chechen Salman Raduyev in a Russian gaol

On Sunday 15 December 2002 the Russian Ministry of Justice announced the death, at the age of 35, of
Salman Raduyev (cid:1) the first of the Chechen commanders to be arrested, tried and sentenced to life
imprisonment for the hostage-taking in Kisljar in 2001 (cid:1) on 14 December 2002 in the infirmary of the
‘White Swan’ prison in the city of Solikamsk, Siberia (Perm region). It took him several days to die
following an internal haemorrhage caused, according to Russian sources, by old war wounds which had
‘never completely healed’.

On Monday, 16 December, an article in the Russian newspaper Kommersant, reproduced in the
Süddeutsche Zeitung, reported statements made anonymously by prison staff, according to which Raduyev
was said, by his cell-mate, to have been beaten to death after having opposed a surprise search of his cell
by his guards. Salman Raduyev was one of the witnesses whose testimony was used to back the Russian
Justice Ministry’s request to Denmark and Great Britain for the arrest and extradition of Akhmed Zakaiev.
Raduyev allegedly claimed that Zakaiev had taken part personally in kidnappings and terrorist acts. In the
same article the Kommersant suggested an interpretation of events according to which Raduyev might
have been forced to testify against Zakaiev and then been eliminated.

Is the Council aware of these allegations and if so, how did it react? What official steps does it intend to
take to ensure that light is thrown on the real circumstances of Mr Raduyev’s death? More generally, how
does the Council rate Russia’s ability to fulfil the duties of a constitutional state?

18.9.2003

EN

Official Journal of the European Union

C 222 E/131

Reply

(8 May 2003)

The Council
is aware of the allegations concerning the death of Mr Raduyev in a Russian prison in
December 2002. It considers that the allegations should be brought before the competent authorities in
Russia. The Council will follow this case closely.

The Council will continue to take advantage of the numerous political dialogue meetings with Russia at all
the strategic
levels to underline that democracy and respect of human rights are key elements of
partnership between the EU and Russia. The Council will also continue to underline that progress in the
reform process in Russia,
for the further
development of relations. The Council stands ready to support the Russian authorities in this context.

including strengthening of

the rule of

is essential

law,

(2003/C 222 E/152)

WRITTEN QUESTION E-0006/03

by Olivier Dupuis (NI) to the Council

(16 January 2003)

Subject: Decision of the judicial authorities in the Russian Federation to regard Colonel Budanov as

temporarily insane

On 16 December 2002, after the fourth psychiatric report in the trial of the Russian Army Colonel Yuri
Budanov for strangling the Chechen adolescent Elza Kungayeva in March 2002, the Colonel was judged to
be ‘not criminally responsible’ and ‘temporarily insane’.

Given the Russian authorities’ declared intention to present the Budanov trial as the start of a judicial
response to the accumulation of human rights violations, war crimes and crimes against humanity
perpetrated over a period of years in Chechnya, what is the Council’s opinion of this verdict? Does the
Council not take the view that with this verdict the Russian authorities have given members of the military
and paramilitary forces a signal of absolute impunity when it comes to crimes committed in connection
with operations in Chechnya? What initiatives do the Council and Member States intend to take on this
matter in the relevant international (Council of Europe, UN Commission on Human Rights, OSCE, etc.)
and bilateral bodies?

Reply

(8 May 2003)

The Council has naturally followed the controversy surrounding the verdict of insanity passed on Colonel
Budanov over an incident at a time when he held a responsible position in charge of a military division.
As a general principle, however, the Council does not express any opinion concerning legal verdicts.

(2003/C 222 E/153)

WRITTEN QUESTION E-0007/03

by Joan Colom i Naval (PSE) to the Council

(16 January 2003)

Subject: Assistance for the victims of the ‘Prestige’ oil tanker disaster

The sinking of the ‘Prestige’ oil tanker last November, and the resultant oil spill, has been, without a doubt,
the greatest ecological disaster in modern Spanish history and has claimed thousands of victims. Indeed the
Copenhagen European Council expressed its regret and grave concern regarding the serious accident of the