WRITTEN QUESTION E-0120/04 by Adriana Poli Bortone (UEN) to the Commission. Death of 20 Albanian nationals.
Date: 2004-01-26
Institutions: European Parliament, Provisional data
Subjects: Albania, Italy, corruption, illegal migration, trafficking in human beings

8.4.2004

EN

Official Journal of the European Union

C 88 E/683

Moreover, the new law for European elections in Malta, (Act No. XVI of 2003, published in the Malta
Government Gazette of 26 November 2003), explicitly states that all Maltese citizens living in the 25 EU
countries have a right to vote and stand for elections in Malta.

Is the Commission aware of the fact that, despite the constitutional definition and the existing legislation
on European elections, the Malta Labour Party has again applied to have 1684 Maltese citizens struck off
the electoral register? These court cases will start being heard by the Maltese courts in the last week of
January, and Maltese employees with the EU institutions are amongst those being targeted.

What does the Commission intend to do against the illegal attempt of MLP to prevent Maltese citizens
taking part in the upcoming European Elections in Malta?

Answer given by Mr Verheugen on behalf of the Commission

(26 February 2004)

Malta’s constitution recognises all fundamental human and civil rights. The right of Maltese citizens to vote
at general elections is subject to citizenship, age and residence requirements. The Commission is aware
that, following a recent complaint by a Maltese citizen whose right of vote was challenged by a Party, the
Constitutional Court of Malta ruled that the word ‘residence’ does not mean physical presence in the
country but includes and allows periodic absences from the country.

Therefore, any challenge by a political party of a citizen’s voting right must be handled by a competent
Maltese Court, taking into account the interpretations of the Constitutional Court of Malta. It is not for the
Commission to interfere in the functioning of the Maltese justice or to comment on the attitude of a
specific political party in that regard. Indeed the Commission is of the opinion that the Maltese judicial
system can ensure that the voting rights of citizens, as specified in the Maltese legislation, are fully
respected. The Commission notes that in the past, Maltese courts have reversed illegal attempts to deny
Maltese citizens their voting rights.

The Commission also notes that the newly adopted law for European elections in Malta stipulates that all
Maltese citizens living in the 25 Member States have a right to vote and stand for elections of Members of
the European Parliament in Malta. This was possible because the Maltese constitution covers the general
elections but not the European elections. The Commission notes with interest this development, which
seems coherent with Malta’s greater international involvement.

(2004/C 88 E/0702)

WRITTEN QUESTION E-0120/04

by Adriana Poli Bortone (UEN) to the Commission

(26 January 2004)

Subject: Death of 20 Albanian nationals

In recent days yet another dinghy that had set out from Albania has sunk, causing the death of 20
Albanian nationals.

According to reports in the Italian press there is evidence of collusion between the Albanian authorities
and the traffickers. If this was indeed the case, the episode would call into doubt the good relations which
Italy, in particular, intends to further develop as part of the process of achieving genuine democracy in
Albania.

Can the Commission indicate whether and how it will shed light on this tragic episode which, at best, has
revealed shortcomings in surveillance in Albania and along its shoreline?

C 88 E/684

Official Journal of the European Union

EN

8.4.2004

Answer given by Mr Patten on behalf of the Commission

(25 February 2004)

The Commission deplores the accident on 9 January 2004 in which over 20 Albanian citizens died in the
Ionian Sea trying to reach Italy illegally. Despite previous assurances by the Albanian Government of a
substantial reduction in the number of speedboats and dinghies crossing over towards Italy, this event has
demonstrated that increased attention by the Albanian authorities is an absolute necessity. This message
was clearly conveyed by the President of the Commission to Prime Minister Nano during their meeting of
20 January 2004 in Brussels.

Preliminary investigations showed that members of
the Albanian police were directly involved in
facilitating this traffic. The reaction of the Albanian authorities was, on this occasion, immediate; arrests
and other actions against the organisers and participants in the operation were promptly taken. However,
they are able to carry out more extensive
the Albanian authorities still need to demonstrate that
investigations, and to ensure proper prosecution of all
the persons involved. They also need to
demonstrate that the reactions in the aftermath of this tragedy represent the start of a serious and
determined action against organised crime and smuggling of human beings.

The Commission accords the utmost importance to monitoring progress by Albania in Justice and Home
Affairs-related areas. In this context, it will continue to follow up closely events regarding this particular
case, as well as the general situation in Albania, with a view to exerting, as appropriate, the necessary
political pressure to help Albania to address these serious problems.

(2004/C 88 E/0703)

WRITTEN QUESTION E-0137/04

by Jillian Evans (Verts/ALE) to the Commission

(26 January 2004)

Subject: The case of Mrs Siham Qandah, Jordan

Is the Commission aware of the case of Mrs Siham Qandah, a Jordanian citizen? Mrs Qandah, who is a
Christian, has been facing the loss of custody of her two children, as they are not being brought up as
Muslims.

Mrs Qandah was widowed in 1994 and subsequently told that she was ineligible for her army-serving
husband’s pension as he had, unbeknown to her and on apparently forged documentation, converted to
Islam in 1991. The Jordanian courts appear to have threatened Mrs Qandah with a prison sentence, and
have been attempting to have custody of the children transferred to Mrs Qandah’s estranged brother, who
has converted to Islam.

What is the Commission policy on such cases of apparently state-permitted involvement, which is in
breach of the International Treaty of Human Rights (Article 18)?

Answer given by Mr Patten on behalf of the Commission

(23 February 2004)

The Commission is closely monitoring the individual case of Mrs Siham Qandah. Mrs Qandah’s situation is
related to the wider problem of compatibility of the application of the Shari’ah law and the international
human rights conventions that
law. The
Commission shares the Honourable Member’s concern that the application of Shari’ah law in Jordan can
provoke great distress in families whose members are of mixed Christian and Muslim faith and lead to
results which are incompatible with these conventions.

fully transposed into national

Jordan has signed but not

As the Honourable Member knows Jordan is a signatory of the International Covenant on Civil and
Political Rights. The Commission has raised the need for Jordan to implement effectively its commitments
to international human rights agreements, including those protecting the rights of women and children.