WRITTEN QUESTION P-0490/04 by Harlem Désir (PSE) to the Commission. Imprisonment of the Pakistani journalist Khawar Mehdi Rizvi who was arrested in Karachi on 14 December 2003 together with the French journalists Marc Epstein and Jean-Paul Guilloteau who wrote for L'Express magazine.
Date: 2004-02-12
Institutions: European Parliament, Provisional data
Subjects: EU relations, Pakistan, political prisoner, right to justice

C 84 E/414

Official Journal of the European Union

EN

3.4.2004

(2004/C 84 E/0483)

WRITTEN QUESTION P-0490/04

by Harlem Désir (PSE) to the Commission

(12 February 2004)

Subject: Imprisonment of the Pakistani journalist Khawar Mehdi Rizvi who was arrested in Karachi on
14 December 2003 together with the French journalists Marc Epstein and Jean-Paul Guilloteau
who wrote for ‘L’Express’ magazine

On 14 December 2003, the Pakistani journalist Khawar Mehdi Rizvi was arrested in Karachi together with
the French journalists Marc Epstein and Jean-Paul Guilloteau, reporters for the French magazine ‘L’Express’.
After being held in custody for several days, the European journalists were released, while Khawar Mehdi
Rizvi was kept in custody and charged with offences carrying heavy sentences, including life imprison-
ment.

The charges brought by the Quetta Police Criminal Department accuse Khawar Mehdi Rizvi of having
accepted money from Marc Epstein and Jean-Paul Guilloteau, reporters for the French Magazine L’Express,
to fabricate a report on a Taliban commander and a Taliban training camp. Khawar Mehdi Rizvi is accused
of various crimes: ‘conspiracy’, ‘sedition’, ‘harming the international reputation of Pakistan’ and ‘promoting
hatred between Pakistan and a neighbouring country and the international community, and between Islam
and other religions’. These accusations are not based on any material evidence. Indeed, the two French
journalists from ‘L’Express’ involved in the same incident were simply fined.

The American Ambassador to Pakistan has made representation to the Islamabad Government, voiving his
concern at Khawar Mehdi Rizvi’s treatment. The Khawar Mehdi Rizvi International Support Committee
consists of Pakistani
journalists and reporters from the French media organisations France 2, TF1,
‘Le Monde’,
‘Libération’ and ‘L’Express’, from the American newspapers ‘The New York Times’ and the
‘Chicago Tribune’, as well as from Reporters sans frontières.

What measures does the Commission intend to take to facilitate the release of Khawar Mehdi Rizvi?

Answer given by Mr Patten on behalf of the Commission

(5 March 2004)

Following his arrest Mr Rizvi was held in secret detention for more than four weeks. Yet, since the police
publicly announced his detention on 24 January 2004,
judicial procedures have been
re-established with the filing of a First Information Report. Mr Rizvi has been charged with sedition under
Section 124-A of the Pakistan Penal Code. He is now under judicial custody and the procedures are
ongoing.

the normal

Section 124-A of the Penal code is in accordance with the Constitution of Pakistan, Article 19 of which
authorises restrictions to the freedom of the speech ‘in the interest of […] the integrity, security or defence
of Pakistan or any part thereof, friendly relationship with foreign states […]’.

Although it is deplorable that Mr Rizvi disappeared without trace for some time after his arrest, the
Judiciary does, in principle, not seem to have acted in a discriminatory way towards him. It should be
pointed out, however, that the two French journalists were arrested, tried and sentenced under charges of
non-compliance with visa limitations under Section 4(a) of the Foreigners Act, whereas Mr Rizvi
is
confronted with the much more serious charge of sedition, which could result in life imprisonment. This
does give the impression that Rizvi alone is suffering the most serious consequences for what clearly was a
misguided approach by the entire group of journalists.

The Court has not yet ruled on Mr Rizvi’s case and the Commission does under normal circumstances not
wish to interfere with an ongoing process of justice. Nevertheless, the Commissioner in charge of External
Relations raised the issue during the recent Ministerial Troika meeting in Islamabad on 18 February 2004,

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Official Journal of the European Union

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calling for clemency in the treatment of Mr Rizvi. We also understand that Heads of Mission in Islamabad
will continue to monitor developments and that it is planned to bring up Mr Rizvi’s case in future contacts
with the Pakistan authorities.

(2004/C 84 E/0484)

WRITTEN QUESTION P-0494/04

by Carlos Carnero González (PSE) to the Commission

(16 February 2004)

Subject: Exemption from the environmental impact assessment by the Government of the Autonomous

Community of Madrid, Spain, for work on the M30 motorway

In the Official Journal of the European Communities, the City of Madrid announced the launch of work in
June 2004 on 22 sites on the M30 at a cost of EUR 3 500 million. This 32-kilometre-long motorway, with
an average daily traffic volume of more than 200 000 vehicles, passes through an area that
is
environmentally sensitive (Directive 97/11/CE (1)), owing to its population density and high concentration
of pollution. The plans for these roadworks are being drawn up without any overall study into the
environmental aspects and without carrying out an environmental
impact assessment, which the
Government of the Autonomous Community of Madrid seems to view as unnecessary, given that it is
negotiating an exemption.

Is the Commission aware of these facts? Does it intend to request information from the competent
authorities in Spain? Does it consider that the exemption of the works from an environmental impact
report is in compliance with Community law? What measures does it intend to take to ensure that
Community law is observed?

(1) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(17 March 2004)

The Honourable Member refers to proposed works on the M30 motorway in Madrid and asks whether
the
these can be exempted from environmental
Autonomous Community of Madrid, Spain.

(EIA) by the Government of

impact assessment

Council Directive 85/337/EEC of 27 June 1985 (1), as amended by Council Directive 97/11/EC of 3 March
1997 (the EIA Directive) deals with the environmental assessment of certain public and private projects
and provides that Member States must ensure that, before development consent is given, projects likely to
have significant effects on the environment by virtue, inter alia, of their nature, size or location are made
subject to an assessment of their environmental effects. The EIA Directive contains two Annexes. Project
types such as motorways are found in Annex I for which a mandatory EIA has to be carried out. Other
roads or changes or extension of existing motorways fall under Annex II which leaves the Member States
and their competent authorities to determine whether an EIA is required. The determination must be based
on criteria specified in the Directive. EIA is required if the project is likely to have significant effects on the
environment.

Article 2(3) permits Member States to exempt specific projects in whole or in part from EIA but only in
exceptional circumstances and provided they inform the Commission in advance and comply with certain
other requirements.

As the project is not the subject of Community co-financing, the Commission was not aware of the issue
brought to its attention by the Honourable Member. It will, therefore, write to the Spanish authorities in
order to ask for information on this matter and to enable it to assess the situation.

(1) OJ L 175, 5.7.1985.