WRITTEN QUESTION E-1691/03 by Jonas Sjöstedt (GUE/NGL) to the Council. Fees paid to the European Investment Bank for the management of the Investment Fcility of the Cotonou Agreement.
Date: 2003-05-21
Institutions: European Parliament, Provisional data
Subjects: ACP-EU Convention, EIB loan, European Court of Auditors, European Investment Bank, financial regulation, management, management audit

C 51 E/126

Official Journal of the European Union

EN

26.2.2004

(2004/C 51 E/141)

WRITTEN QUESTION E-1686/03

by Anna Karamanou (PSE) to the Council

(21 May 2003)

Subject: Torture and ill-treatment of women in Turkish jails

On 13 June, the first trial will be held in Turkey involving two women, Mrs Naziye Tsogaltaf, 22 years of
age, and Mrs Sounai Yesildag, 28 years of age, who were tortured whilst in prison in Istanbul. The two
women were arrested on 23 September 2002 for alleged membership of an illegal organisation. During
their imprisonment they were tortured as confirmed by forensic medical examination. Specifically, the
women were beaten, subjected to electric shock treatment and then obliged to open their mouths into
which their torturers spat and to swallow the spittle.

The barbaric treatment received by these prisoners in Turkey is contrary to fundamental human rights and
directly violates international agreements and the principles of democracy and freedom. Does the Council
intend to intervene to end torture in prisons, humanise the prison system in Turkey, an applicant country,
giving priority to respect for the human rights of women?

Reply

(7 October 2003)

The Council regularly receives information about cases of torture and ill-treatment in Turkey. Recent
reports from international human rights organisations and UN bodies tend indeed to indicate that torture
and ill-treatment (cid:1) including sexual violence against female detainees (cid:1) are still ongoing, and while
decreasing, are still widespreead in Turkey, in particular in police custody, in relation with alleged political
crimes and in the Southeast. This raises very serious concern.

The Council attaches priority importance to the issue of torture and ill-treatment in Turkey.
In the
meetings in the framework of the Association Agreement and of political dialogue, the Council constantly
urges Turkey to address effectively the problem, both through the adoption of further targeted measures
and by ensuring full implementation and proper enforcement. Adequate punishment of perpetrators of
torture and training of law enforcement officials on human rights issues have been identified as being of
particular relevance. While Turkey has made some progress in these areas, notably in training officials,
further efforts are needed.

The revised Turkey Accession Partnership contains specific priorities relating to the fight against torture
and ill-treatment. Turkey’s progress towards compliance with the political accession criteria will be
measured against the requirements set out there.

(2004/C 51 E/142)

WRITTEN QUESTION E-1691/03

by Jonas Sjöstedt (GUE/NGL) to the Council

(21 May 2003)

Subject: Fees paid to the European Investment Bank for the management of the Investment Fcility of the

Cotonou Agreement

Pursuant to a Council Decision of 8 April 2003 concerning the coverage of costs incurred by the
European Investment Bank for the management of the Investment Facility of the Cotonou Agreement
(2003/268/EC (1)), the EIB is allowed to charge fees up to a maximum amount of 10 % over five years of
EUR 2 200 million.

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Official Journal of the European Union

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The Council Decision does not contain any provisions for checking the exactness and veracity of the
amounts claimed by the Bank.

Does the Council agree that such checks should be performed by the European Court of Auditors?

(1) OJ L 99, 17.4.2003, p. 45.

Reply

(7 October 2003)

The Council decision of April 8, 2003 (1) details the level of the remuneration for the management of

1.
the Investment Facility.

This Council decision stipulates that each year (by June 30) the Bank presents accounts to the Investment
Facility Committee. These accounts comprise details on the actual costs incurred as well as the fees
recovered from clients during the preceding year in relation to the management of the Investment Facility.

These accounts will have been audited before submission to the Investment Facility Committee for
discussion and approval.

The European Court of Auditors has auditing rights for the Investment Facility based on the Internal
2.
Agreement which defines the guiding principles for the audit and the discharge of the Investment Facility
managed by the Bank.

It stipulates:

(cid:1) in Article 32(5) that audit and discharge for the Investment Facility follow procedures laid down by

the Statute of the Bank, and;

(cid:1) in Article 32(2) that the conditions under which the European Court of Auditors will exercise its

power are to be laid down in the Financial Regulation.

The Financial Regulation of March 27, 2003 (2) stipulates in Article 112 and in Article 119(2) that:

(cid:1) audit and discharge for the Investment Facility follow procedures laid down by the Statute of the Bank

i.e. the Bank’s Audit Committee;

(cid:1) the discharge for the Investment Facility will be given by the Bank’s statutory organs i.e. the Board of

Governors on the basis of the recommendation of the Audit Committee;

(cid:1) detailed rules for auditing by the European Court of Auditors will be set out in the Tripartite

Agreement.

3.
The European Court of Auditors could proceed, if it so wished, with an audit on the regularity of the
remuneration payment to the Bank from the re-flows of risk capital operations or special loans under
successive Lomé- mandates or from those of the Investment Facility.

(1) OJ L 99, 17.4.2003, p. 45.
(2) OJ L 83, 1.4.2003, p. 1.

(2004/C 51 E/143)

WRITTEN QUESTION E-1698/03

by Marco Cappato (NI) and Benedetto Della Vedova (NI) to the Council

Subject: Closure of the Sudanese daily ‘Khartoum Monitor’

(22 May 2003)

According to the press agency MISNA, on 9 May the Sudanese authorities ordered the closure of the
‘Khartoum Monitor’, an English-language daily which the government had already found provocative
because of a number of its articles on religion and the civil war in the south of the country. According to
initial reports, backed up by the forces of law and order which closed the newspaper office, the action was