WRITTEN QUESTION E-2919/03 by Marco Cappato (NI) and Maurizio Turco (NI) to the Commission. Case of Italian citizen Maurizio Trotta, imprisoned in Romania.
Date: 2003-10-02
Institutions: European Parliament, Provisional data
Subjects: EU national, Italy, Romania, carrying out of sentence, criminal law, drug traffic, judicial proceedings

C 88 E/120

Official Journal of the European Union

EN

8.4.2004

Large Rainbow Trout:

(cid:1) As concerns large rainbow trout originating in Norway, the preliminary findings of the anti-dumping
investigation carried out by the Commission show that Norwegian exports to the Community have
been made at dumped, injurious price levels and that the Community Interest calls for action.

(cid:1) Accordingly, the Commission has already taken measures in this regard by imposing a provisional
anti-dumping duty of 21,4 % imposed by Commission Regulation (EC) No 1628/2003 of 17 Sept-
ember 2003 imposing a provisional anti-dumping duty on imports of large rainbow trout originating
in Norway and the Faeroe Islands (2), which entered into force on 19 September 2003.

(cid:1) This case will be further investigated and the Honourable Members can be assured that should
injurious dumping be confirmed, and there are no compelling reasons against action, the Commission
will propose definitive measures to the Council. In such circumstances, following recent jurisprudence
of the European Court (3), definitive anti-dumping measures will have to be imposed.

(1) OJ L 349, 31.12.1994, as last amended by Regulation (EC) No 2474/2000 of 9 November 2000 establishing,
pursuant to Article 1(7) of Regulation (EEC) No 3030/93, the list of textiles and clothing products to be integrated
into GATT 1994 on 1 January 2002 and amending Annex X to Regulation (EEC) No 3030/93 and Annex II to
Regulation (EC) No 3285/94, OJ L 286, 11.11.2000.

(2) OJ L 232, 18.9.2003.
(3) Case C-76/01 P, Judgment of the Court dated 30 September 2003.

(2004/C 88 E/0127)

WRITTEN QUESTION E-2919/03

by Marco Cappato (NI) and Maurizio Turco (NI) to the Commission

Subject: Case of Italian citizen Maurizio Trotta, imprisoned in Romania

(2 October 2003)

On 2 August 2002, Mr Maurizio Trotta, an Italian citizen from Reggio Emiliano, was arrested in Romania
on charges of international drugs trafficking for possession of 11 grammes of hashish, found in his rented
apartment in Craiova.

Mr Maurizio, who has been held in Craiova prison since his arrest, was tried in a court of first instance and
sentenced to two years’ imprisonment, following the withdrawal of the charge of international trafficking,
which is punishable by up to 25 years’ imprisonment.

Having received a two-year sentence, and in the light of his good conduct, Mr Trotta ought to be released
in December 2003. However, following an appeal against the sentence of the court of first instance lodged
by the public prosecutor’s office, the case is to be re-tried, with the result that the outcome is highly
uncertain and Mr Trotta is still in prison.

In the meantime, Mr Trotta’s family has spent substantial sums on visiting Romania and on the fees of
Italian lawyer Mr Liborio Catagliotti and the succession of Romanian lawyers assigned to the case.

There is no knowing how long the case will last or what the eventual sentence will be and there have been
reports of substantial bribes being requested by those seeking to take advantage of the situation.

After making the necessary enquiries with the Romanian authorities, will the Commission say whether it
considers that the fundamental rights established under the EU treaties may have been infringed in this
case?

Will the Commission provide details of the response from the Romanian authorities and say what possible
steps might be taken?

8.4.2004

EN

Official Journal of the European Union

C 88 E/121

Answer given by Mr Verheugen on behalf of the Commission

(14 November 2003)

The Commission is not in a position to make an assessment of individual cases pending before the
national courts. Such cases fall within the exclusive competence of the judiciary and the Commission
neither can, nor should, intervene in its operation. The Commission notes that in a state that has ratified
the European Convention on Human Rights a person who feels that their human rights have been
infringed, for example with respect to Article 6 on the right to a fair trial, is entitled to take their case to
the European Court of Human Rights after exhausting domestic legal remedies.

The Commission has recently sought information concerning the specific case raised by the Honourable
Members with the Romanian Ministry of Justice. The information provided indicates that Maurizio Trotta
was arrested and placed in pre-trial detention on 2 August 2002. He was formally charged by the
Prosecutor’s Office attached to the Tribunal of Dolj on 26 August 2002 and was sent for trial on the
charges of introducing drugs into the country, drug trafficking and illegal possession of drugs. He was then
acquitted of the first two charges by the Tribunal on 9 July 2003 but convicted of illegal possession of
drugs and sentenced to two years imprisonment. Following an appeal by the Public Prosecutor Mr Trotta’s
sentence was increased to five years by the Court of Appeal in Craiova on 25 September 2003 for the
charges of introducing drugs in the country, drug trafficking and illegal possession of drugs.

According to the relevant Romanian legislation in the field of drug crimes, namely Law 143 on the
Combat of Illicit Traffic and Use of Drugs passed on 26 July 2000 and modified by Laws 169/2002 and
39/2003, cannabis plants (Cannabis sativa), herbal cannabis/marijuana, cannabis resin/hashish, and
cannabis oil are classified under schedule three as ‘risk’ drugs. Article 3(1) states that the penalty for
conviction of an offence of introducing a ‘risk’ drug into Romania will be 10-20 years imprisonment,
Article 2(1) states that trafficking a ‘risk’ drug is punishable with a term of 3-15 years, and Article 4
provides sentences of 2-5 years for illegal possession of all drugs.

(2004/C 88 E/0128)

WRITTEN QUESTION E-2922/03

by Claude Moraes (PSE) to the Commission

(2 October 2003)

Subject: Commercial sanctions against Burma

Following the arrest of Aung San Suu Kyi and some of her supporters earlier this year, the Burmese people
have witnessed a vicious crackdown on its democratic movement. This has come at the hands of the
Burmese military junta who continue to openly beat and kill democracy activists and supporters despite
the EU’s intervention in demanding the release of Aung San Suu Kyi. Military leaders are also reported to
be frequently entering the EU disregarding visa sanctions imposed by the EU.

Given the Junta’s continuing indifference to EU sanctions, does the Commission agree that the current EU
sanctions policy towards Burma does not effectively send the message to the military leaders that such
persecution will not be tolerated in a civilised world and that the imposition of commercial sanctions, as
the US has done for the past five years, deserves further consideration? If not, why not?

Answer given by Mr Patten on behalf of the Commission

(27 October 2003)

The Commission has on several occasions voiced its grave concern for the human rights situation in
Burma and the continuing harassment of democratic forces in the country.