WRITTEN QUESTION E-0033/03 by Olivier Dupuis (NI) to the Commission. Extrajudicial killings in Grozny.
Date: 2003-01-21
Institutions: European Parliament, Provisional data
Subjects: Russia, cooperation policy, government violence, homicide, human rights, the EU's international role, war of independence

10.7.2003

EN

Official Journal of the European Union

C 161 E/171

In September 2001 the council decided to modify the route of the railway and make almost the whole line
run underground.

On 19 October 2001, when the deadline for the submission of tenders expired, only the group headed by
Ansaldo and including Breda and Astaldi Necso had submitted a tender with these technical and financial
specifications.

On 7 March 2002 the tender was examined and the price quoted was EUR 583 million.

At the meeting on 16 December 2002 the town council approved the financial plan for the underground,
set a new contract price of EUR 562 million and decided to substantially modify the route, reducing it to a
length of 13,7 km, with 18 stations. Brescia Mobilità (formerly ASM) was instructed to draw up the
contract with the group which had submitted the tender.

On the basis of the council’s decision the average cost per kilometre of carrying out the project thus rose
from the EUR 32,4 million specified in the call to tender to EUR 41 million, an increase of more than
26,5 %.

The contract is to be concluded with the group headed by Ansaldo in the middle of February.

Does the Commission not consider that the substantial modification to the project specified in the call to
tender and the agreement of a new price between the entity awarding the contract and the contractor
(entailing an increase of 26,5 % per kilometre) before conclusion of the contract infringes legislation on the
awarding of public works contracts in accordance with the procedures laid down in the call to tender and
hence means that the conditions for fair competition within the Community have been undermined,
thereby unlawfully favouring the only group taking part in the tendering procedure, since other potential
competitors were unable to submit tenders?

Furthermore, does the Commission not consider that, since the contract is to be drawn up very soon, it is
essential that the competent Italian authorities should be informed as a matter of urgency about this
anomaly, so that they can clarify the situation as soon as possible?

(1) Restricted tendering procedure (Legislative Decree No 158 of 17 March 1995, amended by Legislative Decree

No 525 of 25 November 1999).

Answer given by Mr Bolkestein on behalf of the Commission

(3 February 2003)

On the basis of the information currently at its disposal, the Commission is not in a position to judge
whether the procedures followed by the Brescia Mobilità contracting entity in awarding a public works
contract to build the underground light railway in Brescia constitute an infringement of Community law
on public works contracts.

At any rate, and given that the Honourable Member has indicated that the contract in question is to be
concluded in the very near future, the Commission will ask the Italian authorities without delay for all the
information it requires to assess whether the award procedures at issue are compatible with Community
law. If, once this information has been examined, it should transpire that the procedures followed are
incompatible with the applicable Community legislation, the Commission will not hesitate to draw the
appropriate conclusions under the terms of the EC Treaty.

(2003/C 161 E/176)

WRITTEN QUESTION E-0033/03

by Olivier Dupuis (NI) to the Commission

(21 January 2003)

Subject: Extrajudicial killings in Grozny

The Russian press agency ‘Prima news’ has reported that the bodies of three Oil Institute students were
discovered on 29 December near a bus terminal in the Oktyabr district, Grozny. The bodies carried the
marks of a violent death: all three throats had been cut, and their heads showed signs of being shot at
close range.

C 161 E/172

Official Journal of the European Union

EN

10.7.2003

The three eighteen-year-old students (cid:1) Khyzyr Dotuyev, Bogdan Bikayev and Ramzan Dzhabrailov (cid:1) all
came from the village of Makhkety in Vedeno region, and had rented a flat together in Grozny, in order
not to travel every day from Makhkety to their classes. According to neighbours, the young men were
arrested and taken away in armoured vehicles by Russian troops. Teaching staff of the Oil Institute wrote
to all the authorities, including a personal appeal to the head of the pro-Russian head of the Chechen
Government, Akhmad Kadyrov, but no steps were taken to search for the missing men.

Is the Commission informed about the discovery of the bodies of Khyzyr Dotuyev, Bogdan Bikayev and
Ramzan Dzhabrailov in Grozny? Has the Commission reacted to this umpteenth extrajudicial killing in
Chechnya? Does the Commission still believe that these continual extrajudicial killings in Chechnya (still
part of the Russian Federation) are compatible with its very constructive policy toward the Russian
Federation?

Answer given by Mr Patten on behalf of the Commission

(3 February 2003)

The situation in Chechnya is of deep concern to the Commission, which roundly condemns all abuses of
human rights. There is no justification for such abuses.

The Commission has been informed about press reports concerning the tragic deaths of the three students.
The Commission has called on the relevant Russian authorities to vigorously investigate all reports of
human rights abuses. In this regard, the Commission is ready to participate in discussions and initiatives
on Chechnya with international institutions such as the Council of Europe, which actively supports the
work of the Presidential Representative for Human Rights in Chechnya, Mr Sultygov. The Commission
does, however, deeply regret the closure of the Organisation for Security and Co-operation in Europe
(OSCE) Assistance Group to Chechnya, which played a valuable role in promoting respect for human
rights. Discussions with a view to finding a solution so that the AG can remain in Chechnya with a
meaningful mandate are ongoing. The situation is under constant review at the Council, which has
suggested a human rights dialogue with Russia.

The Commission supports the Union’s overall position, which is that developing a broadly based
partnership with Russia is a vital objective, but that implementation of shared values, especially in the
fields of democracy and human rights, must be a key element of that partnership. The conflict has claimed
thousands of lives and caused untold suffering in the northern Caucasus. The Commission has raised this
issue within the framework of the Union’s bilateral political dialogue with the Russian Federation at the
Union-Russia Ministerial meeting of 24 January 2003 in Athens.

(2003/C 161 E/177)

WRITTEN QUESTION E-0035/03

by Esko Seppänen (GUE/NGL) to the Commission

(21 January 2003)

Subject: Fisheries agreements

the Council approved fisheries agreements with Senegal and Angola. What

is the
In December,
Commission’s view of the benefits which these expensive agreements will bring to the Community as a
whole? It seems as if the agreements will exclusively benefit the Spanish fishing industry and only a few
fishermen from other countries.

Answer given by Mr Fischler on behalf of the Commission

(3 March 2003)

The fisheries Protocols with Senegal and with Angola provide fishing opportunities to the Member States
that are based on their traditional fishing activities in the area and on the level of interest in those fisheries
by their respective industries. For these reasons, Spain is the Member State with the largest allocations of
fishing possibilities, but it is not true that the agreements exclusively benefit the Spanish industry.