WRITTEN QUESTION E-0474/03 by Erik Meijer (GUE/NGL) to the Commission. Harsher punishment of incitement to hunger strike in Turkey instead of an improvement in the situation of political prisoners.
Date: 2003-02-20
Institutions: European Parliament, Provisional data
Subjects: Türkiye, accession negotiations, human rights, hunger strike, penalty, political prisoner, prison system

C 33 E/42

Official Journal of the European Union

EN

6.2.2004

In order to remedy this situation, which causes an unintentional but nevertheless real discrimination
between Member States, the Italian Government some time ago asked the Chinese authorities to amend the
existing shipping agreements. So far the Chinese government has shown no real willingness to do so.

Can the Commission say:

1. how it interprets this situation, which creates a real disparity in treatment between the Member States;

2. whether it considers that it should take steps to put an end to this situation;

3. what measures it will take in this context?

Answer given by Mr Lamy on behalf of the Commission

(31 March 2003)

The Commission does not have any additional
information on the matter raised by the Honourable
Member concerning the business tax paid by Italian shipping companies working in the People’s Republic
of China. The Agreement on Sea Transport between Italy and China does not appear to include the
relevant provisions on the business tax, whereas such provisions are foundin the aggreements that other
Member States have concluded with China.

Agreements on double taxation are normally exempted from the Most Favoured Nations (MFN) obligation
of the GATS agreement (General Agreement on Trade in Services). Article XIV of the GATS allows for
measures that are inconsistent with Article II (the MFN principle), provided that the difference in treatment
is the result of an agreement on the avoidance of double taxation or provisions on the avoidance of double
taxation in any other international agreement or arrangement by which the Member is bound.

The ‘business tax’ issue is also exempted from the recently signed EU (cid:1) China Maritime Agreement. In
particular Article 2 (Scope), paragraphe 2 states that the agreement shall not affect the application of the
bilateral maritime agreements concluded between China and the member States of the Community for
issues not falling within the scope of the agreement.

The responsible Commission Services are in close contact with the respective National Administrations of
Member States and with shipping industry representatives and associations in order to ensure the early
ratification as well as the accurate implementation of the EU-China Maritime Agreement to the benefit of
the European shipping industry.

(2004/C 33 E/040)

WRITTEN QUESTION E-0474/03

by Erik Meijer (GUE/NGL) to the Commission

(20 February 2003)

Subject: Harsher punishment of incitement to hunger strike in Turkey instead of an improvement in the

situation of political prisoners

1.
Is the Commission aware of the reports by human rights organisations, such as IHD in Diyarbakir,
that the number of arrests and disappearances in Turkey remains unchanged and that in practice the
human rights situation has not been brought into line with recently adopted liberal laws and has even
deteriorated?

2.
Is the Commission aware that more than 60 people have died in the hunger strikes by political
prisoners in Turkey since the end of 2000 to protest at their transfer from group detention in old prisons
to solitary confinement in new prisons?

3.
Is the Commission also aware that the Turkish government wants to end the hunger strikes not by
improving the conditions of detainees but by increasing the maximum prison sentence for people calling
for hunger strikes from four years to 20 years?

6.2.2004

EN

Official Journal of the European Union

C 33 E/43

Does the Commission see a risk that a measure of this kind, which has now been approved by the
4.
newly elected Turkish Parliament, will not lead to reconciliation, the bridging of long-standing differences,
human rights improvements and greater scope for legal democratic opposition, but above all to further
tension as a result of the increase in the number of prisoners punished for their opposition to the civil
rights restrictions imposed by the government and forces of law and order?

Is this development consistent with the Copenhagen criteria that Turkey is required to satisfy before

5.
negotiations on accession to the EU can begin?

6. What is the Commission doing to prevent Turkey from once again becoming a breeding ground for
violent resistance by opposition groups protesting against what is felt to be permanent injustice?

7. What is the Commission doing to ensure that the human rights situation in Turkey does not
deteriorate further and that there is an end to pointless repressive legislation?

Source: Netherlands edition of Metro, 7 February 2003.

Answer given by Mr Verheugen on behalf of the Commission

(21 March 2003)

The Commission is aware of the human rights situation in the South-East of Turkey and of reports of
various human rights organisations,
including the Turkish branch of the Human Rights Organisation
(IHD).

The Commission is monitoring closely the situation of hunger strikes in Turkey. In its Regular Report of
2001 (1), the Commission reported that in Autumn 2000, the Turkish Government decided to implement a
reform of the prison system replacing large dormitories (up to 80 prisoners in one room) with a system of
small cells shared by one to three inmates (F-type high security prisons). This led to violent demonstrations
and hunger strikes, which related not merely to improvement of prison conditions but also to other
demands. In its Regular Report of 9 October 2002 (2), the Commission noted that the hunger strikes
protesting against the F-type prisons continued. The death toll is now at 64.

The Commission is of the opinion that the continuing loss of life as a result of hunger strikes is deplorable.
The Commission is aware of efforts taken by the Turkish authorities to put an end to the hunger strikes. It
is also aware of the recent legislation amending Articles 307/a and 307/b of the Turkish Penal Code related
to prison sentences applying to people calling for hunger strikes.

The Commission will continue to monitor closely the situation of human rights in Turkey, including the
hunger strikes and the situation in the South East of the country, and raise these issues as appropriate with
the Turkish authorities.

The Commission will give an assessment of the human rights situation in Turkey in light of
Copenhagen political criteria in its annual Regular Report to be published later in 2003.

the

(1) COM(2001) 700 final.
(2) COM(2002) 700 final.

(2004/C 33 E/041)

WRITTEN QUESTION E-0478/03

by Erik Meijer (GUE/NGL) to the Commission

(20 February 2003)

Subject: Lifting of secrecy surrounding dubious financial transactions via the Republic of Cyprus

1.
millions of euro left civil-war-torn Lebanon and the states of

Is the Commission aware that during the 1990s large sums of money amounting to hundreds of
the disintegrating Soviet Union and