WRITTEN QUESTION E-3369/03 by Cees Bremmer (PPE-DE) to the Commission. Detention of EU citizen in Thailand.
Date: 2003-11-14
Institutions: European Parliament, Provisional data
Subjects: EU national, EU relations, Thailand, competence of the Member States, imprisonment, prison system, rights of the defence

C 88 E/462

Official Journal of the European Union

EN

8.4.2004

control. It is expected to start operation in 2005. The Commission did not propose a site for the Centre, as
this issue will be addressed by the Institutions once the substance of the proposal has been agreed.

(1) OJ L 268, 3.10.1998.
(2) Kohll, case C-155/96, 28.04.98, ECR 1998 I-1931; Decker, case C-120/95, 28.04.98, ECR 1998 I-1831; Smits and
Peerbooms, case C-157/99, 12.07.01, ECR 2001 I-05473; Vanbraekel, case C-368/98, 12.07.01, ECR 2001 I-
05363; V.G. Müller-Fauré v Onderlinge Waarborgmaatschappij O.Z Zorkverzekeringen UA and E.E.M. Van Riet v
Onderlinge Waarborgmaatschappij ZAO Zorkverzekeringen, case C-385/99, 13.05.03 (not yet published); Patricia
Inizan v Caisse Primaire d’Assurance Maladie des Hauts de Seine, case C-56/01, 23.10.03 (not yet published).

(3) COM(2003) 441 final.

(2004/C 88 E/0474)

WRITTEN QUESTION E-3369/03

by Cees Bremmer (PPE-DE) to the Commission

(14 November 2003)

Subject: Detention of EU citizen in Thailand

Is the Commission aware of the sentencing of a European citizen, the Netherlands national Machiel Kuijt,
to life imprisonment for alleged drugs dealing? Is the Commission aware that this sentence was handed
down in appeal proceedings brought by the Thai Public Prosecutor after a lower Thai court had acquitted
Machiel Kuijt in March 2002, and that neither the convicted man nor his counsel, Geert-Jan Knoops, has
so far been allowed to see the grounds for the court’s decision?

Is the Commission aware of the extremely inhumane conditions in which Machiel Kuijt has been held
since 1997 in Klong Prem prison in Bangkok, where a strict regime of public corporal punishment is in
force, murder and rape are everyday occurrences, water is scarce and visits by relatives have so far been
permitted only twice a year?

Does the Commission agree that the above facts constitute a serious violation of the International
Covenant on Civil and Political Rights (particularly Articles 10 and 14), to which Thailand has been a party
since 29 January 1997?

Will the Commission at the earliest possible opportunity bring pressure to bear on the Thai authorities to
seek a fair and public judicial procedure and prevent Machiel Kuijt’s being held in such inhumane
conditions?

Answer given by Mr Patten on behalf of the Commission

(17 December 2003)

The Commission, through its Delegation in Bangkok, has been following the case of Mr Machiel Kuijt in
close liaison with the Embassy of the Netherlands in Thailand.

The Commission is aware of the recent judicial developments in this case and of the conditions of
Mr Kuijt’s imprisonment referred to by the Honourable Member.

The Commission does not get involved in cases of a consular nature, nor does it take a position, unless in
the context of a Union démarche previously agreed with the Member States.

In the Commission’s view, as indicated in its reply to written question E-2775/03 by Mr Maaten (1), the
competence to intervene in Mr Kuijt’s case lies primarily with the Dutch authorities.

The Commission would therefore suggest that the Honourable Member might wish to discuss this issue in
the first place with the Dutch Government.

(1) See page 114.